I 

113TH CONGRESS 

2D SESSION H. R. 5611 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

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

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

A BILL 

To provide for temporary emergency impact aid for local 

educational agencies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public School Emer5 gency Relief Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

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

9 unprecedented influx in arrivals of unaccompanied 

10 alien children. 


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1 (2) Between January 1, 2014, and July 31, 

2 2014, the Department of Health and Human Serv3 ices Office of Refugee Resettlement released 37,477 

4 unaccompanied alien children to sponsors nation5 wide. 

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

7 Court decision Plyer v. Doe, permits all children re8 siding in the United States access to a public ele9 mentary and secondary education regardless of their 

10 immigration status. 

11 (4) An unprecedented influx of unaccompanied 

12 alien children has resulted in a strain on the Na13 tion’s public school system. 

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

15 creates an emergency grant for the 2014–2015 

16 school year tailored to the needs of local educational 

17 agencies affected by enrollment increases attrib18 utable to unaccompanied alien children. 

19 SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMI20 GRANT STUDENTS. 

21 (a) TEMPORARY EMERGENCY IMPACT AID AUTHOR22 IZED.— 

23 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

24 From amounts appropriated to carry out this Act, 

25 the Secretary of Education shall provide emergency 


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1 impact aid to State educational agencies to enable 

2 the State educational agencies to make emergency 

3 impact aid payments to eligible local educational 

4 agencies and eligible BIA-funded schools to enable 

5 such eligible local educational agencies and schools 

6 to provide for the instruction of students served by 

7 such agencies and schools. 

8 (2) AID TO LOCAL EDUCATIONAL AGENCIES

9 AND BIA-FUNDED SCHOOLS.—A State educational 

10 agency shall make emergency impact aid payments 

11 to eligible local educational agencies and eligible 

12 BIA-funded schools in accordance with subsection 

13 (c). 

14 (3) NOTICE OF FUNDS AVAILABILITY.—Not 

15 later than 14 calendar days after the date of enact16 ment of this Act, the Secretary of Education shall 

17 publish in the Federal Register a notice of the avail18 ability of funds under this section. 

19 (b) APPLICATION.— 

20 (1) STATE EDUCATIONAL AGENCY.—A State 

21 educational agency that desires to receive emergency 

22 impact aid under this section shall submit an appli23 cation to the Secretary of Education, not later than 

24 7 calendar days after the date by which an applica25 tion under paragraph (2) must be submitted, in such 


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1 manner, and accompanied by such information as 

2 the Secretary of Education may reasonably require, 

3 including information on the total immigrant stu4 dent child count of the State provided by eligible 

5 local educational agencies in the State and eligible 

6 BIA-funded schools in the State under paragraph 

7 (2). 

8 (2) LOCAL EDUCATIONAL AGENCIES AND BIA9 FUNDED SCHOOLS.—An eligible local educational 

10 agency or eligible BIA-funded school that desires an 

11 emergency impact aid payment under this section 

12 shall submit an application to the State educational 

13 agency, not later than 14 calendar days after the 

14 date of the publication of the notice described in 

15 subsection (a)(3), in such manner, and accompanied 

16 by such information as the State educational agency 

17 may reasonably require, including documentation 

18 submitted quarterly for the 2014–2015 school year 

19 that indicates the following: 

20 (A) In the case of an eligible local edu21 cational agency, the number of immigrant stu22 dents enrolled in the elementary schools and 

23 secondary schools (including charter schools) 

24 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 quarter 

12 prior to the date of enactment of this Act; and 

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

14 subsequent quarterly installment, during the 

15 quarter immediately preceding the quarter for 

16 which the installment is provided. 

17 (c) AMOUNT OF EMERGENCY IMPACT AID.— 

18 (1) AID TO STATE EDUCATIONAL AGENCIES.— 

19 (A) IN GENERAL.—The amount of emer20 gency impact aid received by a State edu21 cational agency for the 2014–2015 school year 

22 shall equal the product of— 

23 (i) the increase (if any) in the number 

24 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 during the corresponding 

7 quarter of the 2012–2013 school year; 

8 and 

9 (ii) $12,000. 

10 (B) INSUFFICIENT FUNDS.—If the amount 

11 available under this section to provide emer12 gency impact aid under this subsection is insuf13 ficient to pay the full amount that a State edu14 cational agency is eligible to receive under this 

15 section, the Secretary of Education shall rat16 ably reduce the amount of such emergency im17 pact aid. 

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

19 case of a State educational agency that has 

20 made a payment prior to the date of enactment 

21 of this Act to a local educational agency for the 

22 purpose of covering additional costs incurred as 

23 a result of enrolling an immigrant student in a 

24 school served by the local educational agency, 

25 the State educational agency may retain a porVerDate Sep 11 2014 03:46 Sep 24, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611

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1 tion of the payment described in paragraph 

2 (2)(A)(ii) that bears the same relation to the 

3 total amount of the payment under such para4 graph as the sum of such prior payments bears 

5 to the total cost of attendance for all students 

6 in that local educational agency for whom the 

7 State educational agency made such prior pay8 ments. 

9 (2) AID TO ELIGIBLE LOCAL EDUCATIONAL

10 AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.— 

11 (A) QUARTERLY INSTALLMENTS.— 

12 (i) IN GENERAL.—A State educational 

13 agency shall provide emergency impact aid 

14 payments under this section on a quarterly 

15 basis for the 2014–2015 school year by 

16 such dates as determined by the Secretary 

17 of Education. Such quarterly installment 

18 payments shall be based on the number of 

19 immigrant students reported under sub20 section (b)(2). 

21 (ii) PAYMENT AMOUNT.—Subject to 

22 paragraph (1)(B), each quarterly install23 ment payment under clause (i) shall equal 

24 25 percent of the amount determined 

25 under paragraph (1)(A). 


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1 (iii) TIMELINE.—The Secretary of 

2 Education shall establish a timeline for 

3 quarterly reporting on the number of im4 migrant students in order to make the ap5 propriate disbursements in a timely man6 ner. 

7 (iv) INSUFFICIENT FUNDS.—If, for 

8 any quarter, the amount available under 

9 this section to make payments under this 

10 subsection is insufficient to pay the full 

11 amount that an eligible local educational 

12 agency or eligible BIA-funded school is eli13 gible to receive under this section, the 

14 State educational agency shall ratably re15 duce the amount of such payments. 

16 (3) IMMIGRANT STUDENTS.—Subject to the 

17 subsection (d), an eligible local educational agency 

18 or eligible BIA-funded school receiving emergency 

19 impact aid payments under this section shall use the 

20 payments to provide services and assistance to ele21 mentary schools and secondary schools (including 

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

23 BIA-funded school, that enrolled an immigrant stu24 dent. 

25 (d) USE OF FUNDS.— 


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1 (1) AUTHORIZED USES.—The authorized uses 

2 of funds are the following: 

3 (A) Paying the compensation of personnel, 

4 including teacher aides, in schools enrolling im5 migrant students. 

6 (B) Identifying and acquiring curricular 

7 material, including the costs of providing addi8 tional classroom supplies, and mobile edu9 cational units and leasing sites or spaces. 

10 (C) Basic instructional services for such 

11 students, including tutoring, mentoring, or aca12 demic counseling. 

13 (D) Reasonable transportation costs. 

14 (E) Health and counseling services. 

15 (F) Education and support services. 

16 (G) Other uses as allowed under title III 

17 of the Elementary and Secondary Education 

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

19 (2) PROVISION OF SPECIAL EDUCATION AND

20 RELATED SERVICES.— 

21 (A) IN GENERAL.—In the case of an immi22 grant student who is a child with a disability, 

23 any payment made on behalf of such student to 

24 an eligible local educational agency shall be 

25 used to pay for special education and related 


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1 services consistent with the Individuals with 

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

3 seq.). 

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

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

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

7 meaning given such terms in section 602 of the 

8 Individuals with Disabilities Education Act (20 

9 U.S.C. 1401). 

10 (e) RETURN OF AID.— 

11 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR

12 ELIGIBLE BIA-FUNDED SCHOOL.—An eligible local 

13 educational agency or eligible BIA-funded school 

14 that receives an emergency impact aid payment 

15 under this section shall return to the State edu16 cational agency any payment provided to the eligible 

17 local educational agency or school under this section 

18 that the eligible local educational agency or school 

19 has not obligated by the end of the 2014–2015 

20 school year in accordance with this section. 

21 (2) STATE EDUCATIONAL AGENCY.—A State 

22 educational agency that receives emergency impact 

23 aid under this section, shall return to the Secretary 

24 of Education— 


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1 (A) any aid provided to the agency under 

2 this section that the agency has not obligated 

3 by the end of the 2014–2015 school year in ac4 cordance with this section; and 

5 (B) any payment funds returned to the 

6 State educational agency under paragraph (1). 

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

8 Aid and payments provided under this section shall only 

9 be used for expenses incurred during the 2014–2015 

10 school year. 

11 (g) ADMINISTRATIVE EXPENSES.—A State edu12 cational agency that receives emergency impact aid under 

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

14 for administrative expenses. An eligible local educational 

15 agency or eligible BIA-funded school that receives emer16 gency impact aid payments under this section may use not 

17 more than 2 percent of such payments for administrative 

18 expenses. 

19 (h) SPECIAL FUNDING RULE.—In calculating fund20 ing under section 8003 of the Elementary and Secondary 

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

22 local educational agency that receives an emergency im23 pact aid payment under this section, the Secretary of Edu24 cation shall not count immigrant students served by such 

25 agency for whom an emergency impact aid payment is reVerDate Sep 11 2014 03:46 Sep 24, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611

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1 ceived under this section, nor shall such students be count2 ed for the purpose of calculating the total number of chil3 dren in average daily attendance at the schools served by 

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

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

6 (i) NONDISCRIMINATION.— 

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

8 construed to alter or modify the provisions of the In9 dividuals with Disabilities Education Act (20 U.S.C. 

10 1400 et seq.), title VI of the Civil Rights Act of 

11 1964 (42 U.S.C. 2000d et seq.), title IX of the Edu12 cation Amendments of 1972 (20 U.S.C. 1681 et 

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

14 701 et seq.). 

15 (2) PROHIBITION.—A school that enrolls an im16 migrant student under this section shall not dis17 criminate against students on the basis of race, 

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

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

20 any payment (or other form of support provided on 

21 behalf of an immigrant student) under this section 

22 shall not be treated as income of a parent or guard23 ian of the student for purposes of Federal tax laws 

24 or for determining eligibility for any other Federal 

25 program. 


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

2 take into consideration emergency impact aid payments 

3 received under this section by a local educational agency 

4 in the State in determining the eligibility of such local edu5 cational agency for State aid, or the amount of State aid, 

6 with respect to free public education of children. 

7 SEC. 4. DEFINITIONS. 

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

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

10 in section 9101 of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 7801). 

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

13 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

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

15 a local educational agency that serves an elementary 

16 school or secondary school (including a charter 

17 school) in which there is enrolled an immigrant stu18 dent. 

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

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

21 by the Bureau of Indian Affairs in which there is 

22 enrolled an immigrant student. 

23 (3) IMMIGRANT STUDENT.—The term ‘‘immi24 grant student’’ has the meaning given the term ‘‘im25 migrant children and youth’’ in section 3301 of the 


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1 Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 7011). 

Æ 


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