I 
109TH CONGRESS 
1ST SESSION H. R. 4048 
To authorize the Secretary of Education to make grants to local educational 
agencies to restart school operations interrupted by Hurricane Katrina 
or Hurricane Rita, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2005 
Mr. GEORGE MILLER of California (for himself, Ms. WOOLSEY, Mr. KILDEE, 
Mr. PAYNE, Mr. SCOTT of Virginia, Mr. HINOJOSA, Mrs. MCCARTHY, 
Mr. HOLT, Mr. DAVIS of Illinois, Ms. MCCOLLUM of Minnesota, Mr. 
GRIJALVA, Mr. VAN HOLLEN, Mr. JEFFERSON, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. OWENS, and Mrs. DAVIS of California) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To authorize the Secretary of Education to make grants 
to local educational agencies to restart school operations 
interrupted by Hurricane Katrina or Hurricane Rita, 
and for other purposes. 
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 ‘‘Gulf Coast Hurricanes 
Student and School Relief Act’’.
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. Supplement, not supplant. 
Sec. 5. Reporting. 
TITLE I—IMMEDIATE AID TO RESTART PUBLIC SCHOOL 
OPERATIONS 
Sec. 101. Immediate Aid to Restart Public School Operations. 
TITLE II—EDUCATION AND PUPIL SERVICES FOR RELOCATED 
STUDENTS 
Sec. 201. Education and pupil services for elementary and secondary relocated 
students. 
TITLE III—RELOCATED CHILDREN WITH DISABILITIES 
Sec. 301. Grants for LEA’s serving relocated children with disabilities. 
TITLE IV—COMMUNITY LEARNING CENTERS 
Sec. 401. Grants for activities at community learning centers. 
TITLE V—IMPROVING EDUCATIONAL INFRASTRUCTURE 
Sec. 501. Grants for construction, modernization, or repair of school facilities. 
Sec. 502. Allowable uses of funds. 
Sec. 503. Application for grant. 
Sec. 504. Special rule. 
Sec. 505. Fair wages. 
Sec. 506. Authorization of appropriations. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘child’’ means any person within 
the age limits for which the State in which the per-
son is located provides free public education. 
(2) The term ‘‘relocated student’’ means a child 
who—
(A) is a homeless child or youth as those 
terms are used in the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11421 et seq.); 
(B) but for Hurricane Katrina or Hurri-
cane Rita, would be enrolled in an elementary 
or secondary school in an area for which, due 
to the hurricane, a major disaster has been de-
clared under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.); and 
(C) because of Hurricane Katrina or Hur-
ricane Rita— 
(i) is unable to access the education 
and related services that the child other-
wise would be receiving at such school; and 
(ii) is enrolled at a public elementary 
school or secondary school in a different 
geographical location in a State. 
(3) The term ‘‘elementary school’’ has the 
meaning given to that term in section 9101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801) and includes a public elementary 
charter school. 
(4) The term ‘‘impacted local educational agen-
cy’’ means a local educational agency serving an
area for which, due to Hurricane Katrina or Hurri-
cane Rita, a major disaster has been declared under 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.). 
(5) The term ‘‘local educational agency’’ has 
the meaning given to that term in section 9101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(6) The terms ‘‘pupil services’’ and ‘‘pupil serv-
ices personnel’’ have the meanings given to those 
terms in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (8 U.S.C. 7801). 
(7) The term ‘‘receiving local educational agen-
cy’’ means a local educational agency enrolling relo-
cated students. 
(8) The term ‘‘secondary school’’ has the mean-
ing given to that term in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801) and includes a public secondary char-
ter school. 
(9) The term ‘‘Secretary’’ means the Secretary 
of Education. 
(10) The term ‘‘State’’ has the meaning given 
to that term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (8 U.S.C. 7801).
SEC. 4. SUPPLEMENT, NOT SUPPLANT. 
Funds made available pursuant to this Act shall be 
used to supplement, not supplant, any funds made avail-
able through the Federal Emergency Management Agen-
cy. 
SEC. 5. REPORTING. 
Not later than December 31, 2005, and each 6 
months thereafter through December 31, 2007, the Sec-
retary shall submit to the Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of 
the Senate a report on grants made under this Act, includ-
ing the uses to which such grants were put, the effective-
ness of such grants in accomplishing the purposes for 
which they were made, and the number of students im-
pacted, including the number of students counted under 
section 1124(c) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6333(c)). 
TITLE I—IMMEDIATE AID TO RE-
START PUBLIC SCHOOL OP-
ERATIONS 
SEC. 101. IMMEDIATE AID TO RESTART PUBLIC SCHOOL OP-
ERATIONS. 
(a) GRANTS.—The Secretary of Education shall 
award grants to impacted local educational agencies for 
the purposes of—
(1) providing immediate and direct assistance 
to impacted local educational agencies; 
(2) assisting administrators and other personnel 
in such agencies who are working to restart public 
elementary school and secondary school operations; 
and 
(3) facilitating the reopening of public elemen-
tary schools and secondary schools served by such 
agencies and the reenrollment of students in such 
schools as soon as possible. 
(b) AMOUNT.—The Secretary shall determine the 
amount of a local educational agency’s grant under this 
section based upon the agency’s need for funds to fulfill 
the purposes described in subsection (a). 
(c) USE OF FUNDS.—Each local educational agency 
that receives a grant under this section shall use the grant 
to restart public elementary school and secondary school 
operations and resume the instruction that was halted as 
a result of Hurricane Katrina or Hurricane Rita, which 
uses may include— 
(1) recovery of student and personnel data and 
other information; 
(2) replacement of school district information 
systems, including longitudinal data systems, includ-
ing hardware and software;
(3) financial operations; 
(4) damage assessments, decontamination, and 
refurbishment in the agency’s school and administra-
tion buildings; 
(5) rental of portable classroom units and facili-
ties; 
(6) replacement of instructional materials and 
equipment; 
(7) redeveloping instructional plans; 
(8) student transportation services; 
(9) continued payment of salaries and benefits 
to teachers and other staff; and 
(10) such other activities as may be necessary 
to fulfill the purposes described in subsection (a), in-
cluding activities authorized by title I of the Elemen-
tary and Secondary Education Act of 1965 and 
parts B and C of the Individuals with Disabilities 
Act. 
(d) APPLICATION.—To seek a grant under this sec-
tion, a local educational agency shall submit an application 
to the Secretary at such time, in such manner, and con-
taining or accompanied by such information as the Sec-
retary may reasonably require. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated
$4,000,000,000 for fiscal year 2006 and such sums as are 
necessary for fiscal year 2007. 
TITLE 
II—EDUCATION 
AND 
PUPIL SERVICES FOR RELO-
CATED STUDENTS 
SEC. 201. EDUCATION AND PUPIL SERVICES FOR ELEMEN-
TARY AND SECONDARY RELOCATED STU-
DENTS. 
(a) IN GENERAL.—The Secretary shall award grants 
to receiving local educational agencies for the purpose of 
facilitating the enrollment, attendance, and success in 
public elementary schools and secondary schools of relo-
cated students. 
(b) MAXIMUM
GRANT
AMOUNT.—The maximum 
amount of a grant to a local educational agency under this 
section for any fiscal year shall be— 
(1) $8,314; multiplied by 
(2) the number of students who have relocated 
to the area served by the local educational agency as 
a result of Hurricane Katrina or Hurricane Rita. 
(c) USE OF FUNDS.—A local educational agency re-
ceiving funds under this section shall use such funds for 
education and pupil services. Such services may include 
the following:
(1) Outreach to families affected by a specified 
hurricane disaster in order to facilitate such families 
in enrolling relocated students in school. 
(2) Hiring and training additional teachers, 
paraprofessionals, pupil services personnel, and 
school health personnel required due to the enroll-
ment of such students. 
(3) Procurement of additional equipment and 
classroom supplies required due to the enrollment of 
such students. 
(4) Procurement of additional classroom space 
required due to the enrollment of such students. 
(5) Transportation services provided to such 
students. 
(6) Counseling and other mental health services 
for such students. 
(7) Activities authorized by title I of the Ele-
mentary and Secondary Education Act of 1965. 
(d) APPLICATION.—To seek a grant under this sec-
tion, a local educational agency shall submit an application 
to the Secretary at such time, in such manner, and con-
taining or accompanied by such information as the Sec-
retary may reasonably require. 
(e) SCHOOL LUNCHES.—Notwithstanding any other 
provision of law, a student who has relocated as a result
of Hurricane Katrina or Hurricane Rita is deemed eligible 
for free lunches under section 9 of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758). 
(f) REPORTS.—Not later than 6 months after the 
date of the enactment of this Act, and every 6 months 
thereafter, the Secretary shall submit reports to the ap-
propriate committees of the Congress concerning the im-
plementation of this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$3,500,000,000 for fiscal year 2006 and such sums as 
may be necessary for fiscal year 2007. 
TITLE III—RELOCATED 
CHILDREN WITH DISABILITIES 
SEC. 301. GRANTS FOR LEA’S SERVING RELOCATED CHIL-
DREN WITH DISABILITIES. 
(a) GRANTS.—The Secretary shall make grants to re-
ceiving local educational agencies for the purpose of assist-
ing public elementary schools and secondary schools in 
such agencies to provide special education and related 
services to students with disabilities who have relocated 
to the area served by the local educational agency as a 
result of Hurricane Katrina or Hurricane Rita in accord-
ance with parts B and C of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.).
(b) MAXIMUM AMOUNT.—The maximum amount of 
a grant to a local educational agency under this section 
for any fiscal year shall be— 
(1) the amount that is 40 percent of the aver-
age per-pupil expenditure in public elementary 
schools and secondary schools in the United States; 
multiplied by 
(2) the number of students with disabilities de-
scribed in subsection (a) who— 
(A) are receiving special education and re-
lated services from the agency; and 
(B) are— 
(i) 3 through 5 years of age if the 
State in which the agency is located is eli-
gible for a grant under section 619 of the 
Individuals with Disabilities Education Act 
(20 U.S.C. 1419); or 
(ii) 6 through 21 years of age. 
(c) USE OF FUNDS.—A local educational agency re-
ceiving funds under this section may use such funds for 
any purpose authorized under part B or C of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.). 
(d) APPLICATION.—To seek a grant under this sec-
tion, a local educational agency shall submit an application
to the Secretary at such time, in such manner, and con-
taining or accompanied by such information as the Sec-
retary may reasonably require. 
(e) RELATION TO IDEA.—Subject to any waivers 
granted by the Secretary, local educational agency receiv-
ing funds under this section shall be subject to the same 
provisions that would apply to the receipt of such funds 
under part B or C of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.), except that this sec-
tion shall not be interpreted to grant the Secretary any 
new waiver authority. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$250,000,000 for fiscal year 2006 and such sums as may 
be necessary for fiscal year 2007. 
TITLE IV—COMMUNITY 
LEARNING CENTERS 
SEC. 401. GRANTS FOR ACTIVITIES AT COMMUNITY LEARN-
ING CENTERS. 
(a) GRANTS.—The Secretary shall make grants to eli-
gible entities for the purpose of assisting such agencies 
to carry out activities authorized by part B of title IV of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7171 et seq.).
(b) ELIGIBLE ENTITY.—In this section, the term ‘‘el-
igible entity’’ means an eligible entity (as that term is de-
fined in section 4201 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7171)) in a geo-
graphical area served by an impacted or receiving local 
educational agency. 
(c) MAXIMUM AMOUNT.—The maximum amount of 
a grant to an eligible entity under this section for any fis-
cal year shall be— 
(1) $1000; multiplied by 
(2) the number of additional students expected 
to be served by the entity as a result of Hurricane 
Katrina or Hurricane Rita. 
(d) USE
OF FUNDS.—An eligible entity receiving 
funds under this section may use such funds for any pur-
pose authorized under part B of title IV of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7171 
et seq.). 
(e) APPLICATION.—To seek a grant under this sec-
tion, an eligible entity shall submit an application at such 
time, in such manner, and containing such information as 
the Secretary may require. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated
$400,000,000 for fiscal year 2006 and such sums as may 
be necessary for fiscal year 2007. 
TITLE 
V—IMPROVING 
EDU-
CATIONAL INFRASTRUCTURE 
SEC. 501. GRANTS FOR CONSTRUCTION, MODERNIZATION, 
OR REPAIR OF SCHOOL FACILITIES. 
The Secretary of Education shall make grants to im-
pacted local educational agencies and receiving local edu-
cational agencies for the purpose of constructing, modern-
izing, or repairing public kindergarten, elementary, and 
secondary educational facilities, including the appropriate 
portion of shared-use facilities, that are safe, healthy, and 
technology-ready. 
SEC. 502. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title may use the grant for the following: 
(1) Construction of new public school facilities 
that ensure the health and safety of students and 
staff, are energy-efficient, and include up-to-date 
educational 
technology 
infrastructure, 
including 
where such construction is economically or otherwise 
more feasible than large scale modernization or re-
pair of existing facilities.
(2) Repair or modernization of public school fa-
cilities to ensure the health and safety of students 
and staff, including— 
(A) repairing, replacing, or installing roofs, 
electrical wiring, plumbing systems, sewage sys-
tems, windows, or doors; 
(B) repairing, replacing, or installing heat-
ing, ventilation, or air conditioning systems (in-
cluding insulation); and 
(C) bringing public schools into compliance 
with fire and safety codes. 
(3) Upgrading or installation of educational 
technology infrastructure to ensure that students 
have access to up-to-date educational technology. 
(4) Upgrading school facilities to make them 
energy-efficient. 
(5) Modifications necessary to make public 
school facilities accessible to comply with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), except that such modifica-
tions shall not be the primary use of the grant. 
(6) Asbestos abatement or removal from public 
school facilities.
(7) Implementation of measures designed to re-
duce or eliminate human exposure to lead-based 
paint hazards though methods including interim con-
trols, abatement, or a combination of each. 
SEC. 503. APPLICATION FOR GRANT. 
(a) APPLICATIONS REQUIRED.—A local educational 
agency desiring to receive a grant under this title shall 
submit an application to the Secretary as such time, in 
such manner, and containing such information as the Sec-
retary may reasonably require. 
(b) APPLICATION CONTENTS.—Each application de-
scribed in subsection (a) shall contain— 
(1) an assurance that the application was devel-
oped in consultation with parents and classroom 
teachers, to the extent practicable; 
(2) a description of the overall condition of the 
local educational agency’s school facilities, including 
health and safety problems; 
(3) a description of the capacity of the local 
educational agency’s schools to house current and 
projected enrollments; 
(4) a description of the improvements to be 
supported with funds provided under this title; 
(5) a cost estimate of the proposed improve-
ments;
(6) an identification of other resources that are 
available to carry out the activities for which funds 
are requested under this title; 
(7) in the case of a local educational agency 
that proposes to fund a construction, renovation, or 
repair project for one or more public charter schools, 
the extent to which the schools have access to fund-
ing for the project through the financing methods 
available to other public schools or local educational 
agencies in the State; and 
(8) such other information and assurances as 
the Secretary may reasonably require. 
SEC. 504. SPECIAL RULE. 
Each local educational agency receiving a grant under 
this title shall ensure that, if the agency carries out con-
struction, modernization, or repair through a contract, the 
process for any such contract ensures the maximum num-
ber of qualified bidders, including small, minority, and 
women-owned businesses, through full and open competi-
tion. 
SEC. 505. FAIR WAGES. 
All laborers and mechanics employed by contractors 
or subcontractors in the performance of any contract or 
subcontract for the repair, modernization, alteration, or 
construction, including painting and decorating, of any
building or work that is financed in whole or in part by 
a grant under this title shall be paid wages not less than 
those determined by the Secretary of Labor in accordance 
with sections 3141 through 3144 and 3146 of title 40, 
United States Code (commonly known as the Davis-Bacon 
Act). The Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan No. 14 of 1950 
(15 FR 3176; 64 Stat. 1267) and section 3145 of title 
40, United States Code (commonly known as the Copeland 
Anti-Kickback Act). Notwithstanding any other provision 
of law, this section may not be waived or suspended. 
SEC. 506. AUTHORIZATION OF APPROPRIATIONS. 
To carry out this title, there are authorized to be ap-
propriated such sums as may be necessary for each of fis-
cal years 2006 and 2007. 
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