I

104TH CONGRESS

2D SESSION H. R. 4062

To authorize appropriations to reimburse States for costs of educating certain

illegal alien students.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 12, 1996

Mr. BILBRAY (for himself, Mr. DOOLITTLE, Mr. HERGER, Mr. MOORHEAD,

Mr. RIGGS, Mr. BONO, Mr. PACKARD, Mr. MCKEON, Mrs. SEASTRAND,

Mr. HUNTER, Mr. BAKER of California, Mr. CALVERT, and Mr. DREIER)

introduced the following bill; which was referred to the Committee on

Economic and Educational Opportunities

A BILL

To authorize appropriations to reimburse States for costs

of educating certain illegal alien students.

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 ‘‘Illegal Alien Edu5 cational Impact Aid Act of 1996’’.
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1 SEC. 2. REIMBURSEMENT OF STATES FOR CERTAIN EDU2 CATIONAL COSTS FOR ILLEGAL ALIEN STU3 DENTS.

4 (a) GRANTS TO STATES.—From the amount appro5 priated pursuant to subsection (e), subject to the succeed6 ing provisions of this section, the Secretary of Education

7 shall provide for payment to each eligible State (as defined

8 in subsection (b)) for reimbursable costs (as defined in

9 subsection (c)).

10 (b) ELIGIBLE STATES.—In order for a State to be

11 eligible for payment under this section, the State shall pro12 vide the Secretary of Education with—

13 (1) such information as the Secretary may re14 quire to compute the amount of payment to the

15 State under this section, and

16 (2) assurances that such payments shall be

17 used only for the purpose of reimbursing local edu18 cational agencies for reimbursable costs.

19 (c) REIMBURSABLE COSTS DEFINED.—For purposes

20 of this section, the term ‘‘reimbursable costs’’ means, with

21 respect to a State, costs incurred by local educational

22 agencies in the State in providing a free public education

23 (as mandated by Federal law) to eligible illegal alien stu24 dents (as defined in subsection (d)(1)) who have been

25 identified to the Secretary of Education in a form and

26 manner specified by the Secretary.
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1 (d) ELIGIBLE ILLEGAL ALIEN STUDENTS.—

2 (1) IN GENERAL.—For purposes of this section,

3 the term ‘‘eligible illegal alien student’’ means an

4 alien who is not lawfully present in the United

5 States and is enrolled in a public school of a local

6 educational agency in a State in an elementary or

7 secondary school level as of September 30, 1996, but

8 only so long as such alien remains enrolled at a pub9 lic school of such local educational agency within

10 such school level.

11 (2) SCHOOL LEVELS DEFINED.—For purposes

12 of this subsection, there shall be 2 school levels:

13 (A) The elementary school level, consisting

14 of kindergarten through the 6th grade.

15 (B) The secondary school level, consisting

16 of the 7th through 12th grades.

17 (e) AMOUNT OF PAYMENT.—

18 (1) IN GENERAL.—The amount of payment to

19 an eligible State for a fiscal year under this section

20 is the amount appropriated pursuant to subsection

21 (f) for the fiscal year multiplied by the ratio of—

22 (A) the product of—

23 (i) the average number determined

24 under paragraph (2)(A) for the State and

25 the fiscal year involved, and
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1 (ii) the average expenditures deter2 mined under paragraph (2)(B) for the

3 State and fiscal year involved; to

4 (B) the sum of the products under sub5 paragraph (A) for all eligible States for the fis6 cal year.

7 (2) DETERMINATIONS.—The Secretary of Edu8 cation shall determine for each eligible State before

9 the beginning of each fiscal year—

10 (A) the average number of eligible illegal

11 alien students in the State for any school day

12 during the school year ending during the fiscal

13 year, and

14 (B) the average per pupil expenditures for pub15 lic education benefits in the State for such school

16 year, as determined based on statistics of the Na17 tional Center for Education Statistics relating to ex18 penditure per pupil in average daily attendance in

19 public elementary and secondary schools.

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated for each fiscal year (be22 ginning with fiscal year 1998) such sums as may be re23 quired to make grants under this section.
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1 (g) STATE DEFINED.—In this section, the term

2 ‘‘State’’ has the meaning given such term in section

3 101(a)(36) of the Immigration and Nationality Act.

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