I 
117TH CONGRESS 
1ST SESSION H. R. 4667 
To provide for temporary emergency impact aid for local educational agencies. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2021 
Miss RICE of New York (for herself and Mr. GARBARINO) introduced the 
following bill; which was referred to the Committee on Education and Labor 
A BILL 
To provide for temporary emergency impact aid for local 
educational agencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public School Emer-
gency Relief Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The United States continues to experience 
an unprecedented influx in arrivals of unaccom-
panied children. 
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(2) In fiscal year 2019, the Department of 
Health and Human Services Office of Refugee Re-
settlement released 72,837 unaccompanied alien chil-
dren to sponsors nationwide. 
(3) Federal law, as upheld by the Supreme 
Court decision in Plyer v. Doe, 457 U.S. 202 
(1982), permits all children residing in the United 
States access to a public elementary and secondary 
education regardless of their immigration status. 
(4) An unprecedented influx of unaccompanied 
alien children has resulted in a strain on the Na-
tion’s public school system. 
(5) In response to these conditions, this Act 
creates an emergency grant for the 2021–2022 
school year tailored to the needs of local educational 
agencies affected by enrollment increases attrib-
utable to unaccompanied alien children. 
SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMI-
GRANT STUDENTS. 
(a) TEMPORARY EMERGENCY IMPACT AID AUTHOR-
IZED.— 
(1) AID TO STATE EDUCATIONAL AGENCIES.— 
From amounts appropriated to carry out this Act, 
the Secretary of Education shall provide emergency 
impact aid to State educational agencies to enable 
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the State educational agencies to make emergency 
impact aid payments to eligible local educational 
agencies and eligible BIA-funded schools to enable 
such eligible local educational agencies and schools 
to provide for the instruction of students served by 
such agencies and schools. 
(2) AID
TO
LOCAL
EDUCATIONAL
AGENCIES 
AND
BIA-FUNDED
SCHOOLS.—A State educational 
agency shall make emergency impact aid payments 
to eligible local educational agencies and eligible 
BIA-funded schools in accordance with subsection 
(c). 
(3) NOTICE
OF
FUNDS
AVAILABILITY.—Not 
later than 14 calendar days after funds are made 
available to carry out this Act, the Secretary of Edu-
cation shall publish in the Federal Register a notice 
of the availability of funds under this section. 
(b) APPLICATION.— 
(1) STATE EDUCATIONAL AGENCY.—Not later 
than 7 calendar days after the date by which appli-
cations under paragraph (2) shall be submitted, a 
State educational agency that desires to receive 
emergency impact aid under this section shall sub-
mit an application to the Secretary of Education, in 
such manner and accompanied by such information 
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as the Secretary of Education may require, including 
information on the total immigrant student child 
count of the State provided in applications sub-
mitted under paragraph (2) by eligible local edu-
cational agencies and eligible BIA-funded schools in 
the State. 
(2) LOCAL EDUCATIONAL AGENCIES AND BIA- 
FUNDED SCHOOLS.—Not later than 14 days after 
the date of the publication of the notice described in 
subsection (a)(3), an eligible local educational agen-
cy or eligible BIA-funded school that desires an 
emergency impact aid payment under this section 
shall submit an application to the State educational 
agency, in such manner, and accompanied by such 
information as the State educational agency may re-
quire, including documentation submitted for the 
most recent quarter completed that indicates the fol-
lowing: 
(A) In the case of an eligible local edu-
cational agency, the number of immigrant stu-
dents enrolled in the elementary schools and 
secondary schools (including charter schools) 
served by such agency for such quarter. 
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(B) In the case of an eligible BIA-funded 
school, the number of immigrant students en-
rolled in such school for such quarter. 
(3) DETERMINATION
OF
NUMBER
OF
IMMI-
GRANT STUDENTS.—In determining the number of 
immigrant students for a quarter under paragraph 
(2), an eligible local educational agency or eligible 
BIA-funded school shall include the number of im-
migrant students served— 
(A) in the case of a determination for the 
first quarterly installment, during the most re-
cent quarter completed before the date of enact-
ment of this Act; and 
(B) in the case of a determination for each 
subsequent quarterly installment, during the 
quarter immediately preceding the quarter for 
which the installment is provided. 
(c) AMOUNT OF EMERGENCY IMPACT AID.— 
(1) AID TO STATE EDUCATIONAL AGENCIES.— 
(A) IN GENERAL.—The amount of emer-
gency impact aid received by a State edu-
cational agency for the 2021–2022 school year 
shall equal the product of— 
(i) the increase (if any) in the total 
number of immigrant students— 
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(I) as determined by the eligible 
local educational agencies and eligible 
BIA-funded schools in the State 
under subsection (b)(2); over 
(II) the number of such students 
enrolled in such State during the cor-
responding quarter of the 2019–2020 
school year; and 
(ii) $12,000. 
(B) INSUFFICIENT FUNDS.—If the amount 
available to provide emergency impact aid under 
this section is insufficient to pay the full 
amount that each State educational agency is 
eligible to receive under this section, the Sec-
retary of Education shall ratably reduce the 
amount of such emergency impact aid to each 
such State educational agency. 
(C) RETENTION OF STATE SHARE.—In the 
case of a State educational agency that has 
made a payment to a local educational agency 
prior to the date of enactment of this Act for 
the purpose of covering additional costs in-
curred as a result of enrolling an immigrant 
student in a school served by the local edu-
cational agency for the 2018–2019 and 2019– 
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2020 school years, the State educational agency 
may retain a portion of the payment described 
in paragraph (2)(A)(ii) that bears the same re-
lation to the total amount of the payment under 
such paragraph as the sum of such prior pay-
ments bears to the total cost of attendance for 
all students in that local educational agency for 
whom the State educational agency made such 
prior payments. 
(2) AID
TO
ELIGIBLE
LOCAL
EDUCATIONAL 
AGENCIES AND ELIGIBLE BIA-FUNDED SCHOOLS.— 
(A) QUARTERLY INSTALLMENTS.— 
(i) IN GENERAL.—A State educational 
agency shall provide emergency impact aid 
payments under this section to eligible 
local educational agencies and eligible BIA- 
funded schools on a quarterly basis for the 
2021–2022 school year by such dates as 
determined by the Secretary of Education. 
Such quarterly installment payments shall 
be based on the number of immigrant stu-
dents reported under subsection (b)(2). 
(ii) PAYMENT
AMOUNT.—Subject to 
paragraph (1)(B), each quarterly install-
ment payment under clause (i) shall equal 
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mentary schools and secondary schools (including 
charter schools) served by such agency, or to such 
BIA-funded school, that enrolled an immigrant stu-
dent. 
(d) USE OF FUNDS.— 
(1) AUTHORIZED USES.—The authorized uses 
of funds are the following: 
(A) Paying the compensation of personnel, 
including teacher aides, in schools enrolling im-
migrant students. 
(B) Identifying and acquiring curricular 
material, including the costs of providing addi-
tional classroom supplies, and mobile edu-
cational units and leasing sites or spaces. 
(C) Basic instructional services for such 
students, including tutoring, mentoring, or aca-
demic counseling. 
(D) Reasonable transportation costs. 
(E) Health and counseling services. 
(F) Education and support services. 
(G) Other uses as allowed under title III 
of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6801 et seq.). 
(2) PROVISION
OF
SPECIAL
EDUCATION
AND 
RELATED SERVICES.— 
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(A) IN GENERAL.—In the case of an immi-
grant student who is a child with a disability, 
any payment made on behalf of such student to 
an eligible local educational agency shall be 
used to pay for special education and related 
services consistent with the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et 
seq.). 
(B) DEFINITIONS.—In subparagraph (A), 
the terms ‘‘child with a disability’’, ‘‘special 
education’’, and ‘‘related services’’ have the 
meaning given such terms in section 602 of the 
Individuals with Disabilities Education Act (20 
U.S.C. 1401). 
(e) RETURN OF AID.— 
(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR 
ELIGIBLE
BIA-FUNDED
SCHOOL.—An eligible local 
educational agency or eligible BIA-funded school 
that receives an emergency impact aid payment 
under this section shall return to the State edu-
cational agency any payment provided to the eligible 
local educational agency or school under this section 
that the eligible local educational agency or school 
has not obligated by the end of the 2021–2022 
school year in accordance with this section. 
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(2) STATE
EDUCATIONAL
AGENCY.—A State 
educational agency that receives emergency impact 
aid under this section, shall return to the Secretary 
of Education— 
(A) any aid provided to the agency under 
this section that the agency has not obligated 
by the end of the 2019–2020 school year in ac-
cordance with this section; and 
(B) any payment funds returned to the 
State educational agency under paragraph (1). 
(f) LIMITATION ON USE OF AID AND PAYMENTS.— 
Aid and payments provided under this section shall only 
be used for expenses incurred during the 2021–2022 
school year. 
(g) ADMINISTRATIVE
EXPENSES.—A State edu-
cational 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 BIA-funded school that receives emer-
gency impact aid payments under this section may use not 
more than 2 percent of such payments for administrative 
expenses. 
(h) SPECIAL FUNDING RULE.—In calculating fund-
ing under section 8003 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703) for an eligible 
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local educational agency that receives an emergency im-
pact aid payment under this section, the Secretary of Edu-
cation shall not count immigrant students served by such 
agency for whom an emergency impact aid payment is re-
ceived under this section, nor shall such students be count-
ed for the purpose of calculating the total number of chil-
dren in average daily attendance at the schools served by 
such agency as provided in section 8003(b)(3)(B)(i) of 
such Act (20 U.S.C. 7703(b)(3)(B)(i)). 
(i) NONDISCRIMINATION.— 
(1) IN GENERAL.—Nothing in this Act may be 
construed to alter or modify the provisions of the In-
dividuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.), title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.), title IX of the Edu-
cation Amendments of 1972 (20 U.S.C. 1681 et 
seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 
701 et seq.). 
(2) PROHIBITION.—A school that enrolls an im-
migrant student under this section shall not dis-
criminate against students on the basis of race, 
color, national origin, religion, disability, or sex. 
(3) RULE OF CONSTRUCTION.—The amount of 
any payment (or other form of support provided on 
behalf of an immigrant student) under this section 
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shall not be treated as income of a parent or guard-
ian of the student for purposes of Federal tax laws 
or for determining eligibility for any other Federal 
program. 
(j) TREATMENT OF STATE AID.—A State shall not 
take into consideration emergency impact aid payments 
received under this section by a local educational agency 
in the State in determining the eligibility of such local edu-
cational agency for State aid, or the amount of State aid, 
with respect to free public education of children. 
SEC. 4. DEFINITIONS. 
(a) IN GENERAL.—Unless otherwise specified, the 
terms used in this Act have the meanings given the terms 
in section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(b) SPECIFIC DEFINITIONS.—In this Act: 
(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 
The term ‘‘eligible local educational agency’’ means 
a local educational agency that serves an elementary 
school or secondary school (including a charter 
school) in which there is enrolled an immigrant stu-
dent. 
(2) ELIGIBLE BIA-FUNDED SCHOOL.—The term 
‘‘eligible BIA-funded school’’ means a school funded 
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