I 
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 re-
ferred to the Committee on Education and Labor, and in addition to the 
Committees on Energy and Commerce and Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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 Representa-
tives 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. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 Dis-
abilities 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: 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(1) DISASTER AREA.—The term ‘‘disaster area’’ 
means the area for which the President has declared 
a major disaster, during the period of the declara-
tion. 
(2) IMPACTED SCHOOL YEAR.—The term ‘‘im-
pacted school year’’ means the school year in which 
a presidentially declared disaster occurs. 
(3) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ 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 edu-
cation, 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 oc-
curred. 
(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. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170). 
(6) SECRETARY.—The term ‘‘Secretary’’, unless 
otherwise specified, means the Secretary of Edu-
cation. 
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 Sec-
retary 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 Sec-
retary 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 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 TI-
TLES I, II, AND III. 
The Secretary may waive or modify any requirement 
of Federal law or regulation, other than a law or regula-
tion regarding civil rights or safety, that the Secretary de-
termines 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 indi-
rectly by a presidentially declared disaster. 
TITLE 
I—KINDERGARTEN 
THROUGH 
GRADE 
STU-
DENTS AND SCHOOLS 
SEC. 101. IMMEDIATE AID TO RESTART SCHOOL OPER-
ATIONS. 
(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 non-
public schools, who are working to restart operations 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
in schools that provide elementary or secondary edu-
cation 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 non-
public 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 sub-
grants 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; EQ-
UITY.— 
(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: 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(A) The number of school-aged children 
served by the local educational agency or non-
public school in the academic year preceding 
the academic year for which the subgrant is 
awarded. 
(B) The severity of the impact of the presi-
dentially declared disaster on the local edu-
cational agency or nonpublic school and the ex-
tent of the needs in each local educational agen-
cy or nonpublic school that serves a disaster 
area in which a presidentially declared disaster 
has been declared. 
(2) EQUITY.—Educational services and assist-
ance that are described in subsection (e) and pro-
vided for nonpublic school students under this sec-
tion shall be equitable in comparison to the edu-
cational services and assistance provided for public 
school students under this section, and shall be pro-
vided 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 agen-
cy at such time, in such manner, and accompanied by such 
information as the State educational agency may reason-
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
ably 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 informa-
tion 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 ma-
terials and equipment, including textbooks; 
(G) redeveloping instructional plans, in-
cluding curriculum development; 
(H) initiating and maintaining education 
and support services; and 
(I) such other activities related to the pur-
pose of this section that are approved by the 
Secretary. 
(2) USE WITH OTHER AVAILABLE FUNDS.—A 
local educational agency or nonpublic school receiv-
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
ing a subgrant under this section may use the 
subgrant funds in coordination with other Federal, 
State, or local funds available for the activities de-
scribed 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 re-
starting or reopening schools. 
(4) SPECIAL RULE.—Educational services or as-
sistance provided under this section, including equip-
ment and materials, shall be secular, neutral, and 
nonideological. 
(f) SUPPLEMENT NOT SUPPLANT.— 
(1) IN GENERAL.—Except as provided in para-
graph (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 Agen-
cy or through a State. 
(2) EXCEPTION.—Paragraph (1) shall not pro-
hibit the provision of Federal assistance under this 
VerDate Mar 15 2010 
05:30 May 07, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
section to a State educational agency, local edu-
cational 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 ap-
plication for Federal assistance under this sec-
tion; and 
(B) such State educational agency, local 
educational agency, or nonpublic school agrees 
to repay all duplicative Federal assistance re-
ceived 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 sec-
ondary education in the State bears to the total 
number of nonpublic schools and public elementary 
schools and secondary schools in the State. The 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 oc-
curred. 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 as-
sistance 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 pur-
chased 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). 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 presi-
dentially declared disaster exists, the Secretary shall en-
sure that the amount made available for such local edu-
cational agency under each of sections 1124, 1124A, 
1125, and 1125A of the Elementary and Secondary Edu-
cation 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 
RECI-
PROCITY. 
(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 de-
clared disaster and relocates to a State that is dif-
ferent from the State in which such teacher resided 
or worked on the date of the occurrence of the presi-
dentially declared disaster. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(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 Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 6319) and section 612(a)(14) of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1412(a)(14)), respectively, for the school year in 
which the presidentially declared disaster has oc-
curred and through the succeeding school year, if 
such affected teacher was highly qualified, consistent 
with section 9101(23) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801(23)) 
and section 602(10) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401(10)), respec-
tively, on the date of the occurrence of a presi-
dentially 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
PARAPROFES-
SIONAL.—In this subsection, the term ‘‘affected 
paraprofessional’’ means a paraprofessional who is 
displaced due to a presidentially declared disaster 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 presi-
dentially 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 Elemen-
tary 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, di-
rectly or indirectly, to an entity in a State affected by a 
presidentially declared disaster, the Secretary may, as ap-
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
plicable, 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 contribu-
tion 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 sec-
tion shall be construed to waive or modify any provi-
sion of the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.). 
(2) MAINTENANCE
OF
EFFORT.—If the Sec-
retary 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 fol-
lowing the impacted school year shall not be reduced 
because of the waiver or modification. 
SEC. 105. TEMPORARY EMERGENCY IMPACT AID FOR DIS-
PLACED STUDENTS. 
(a) DEFINITIONS.—In this section: 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(1) DISPLACED
STUDENT.—The term ‘‘dis-
placed 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 dis-
aster; and 
(B) who enrolled in another school as a re-
sult of a presidentially declared disaster. 
(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—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 AUTHOR-
IZED.— 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(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 edu-
cational agencies to make emergency impact aid pay-
ments to eligible local educational agencies and eligi-
ble 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 eli-
gible BIE-funded schools; and 
(B) such eligible local educational agencies 
to make immediate impact aid payments to ac-
counts established on behalf of displaced stu-
dents (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). 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(3) STATE
EDUCATIONAL
AGENCIES
IN
CER-
TAIN STATES.—The State educational agency shall 
carry out the activities of eligible local educational 
agencies that are unable to carry out this section, in-
cluding eligible local educational agencies in a State 
for which the State exercises the authorities nor-
mally exercised by such local educational agencies. 
(4) NOTICE
OF
FUNDS
AVAILABILITY.—Not 
later than 14 calendar days after the date of enact-
ment 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 appli-
cation to the Secretary at such time, in such man-
ner, and accompanied by such information as the 
Secretary may reasonably require, including— 
(A) information on the total displaced stu-
dent count of the State provided by eligible 
local educational agencies in the State and eligi-
ble BIE-funded schools in the State under 
paragraph (2); 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(B) a description of the process for the 
parent or guardian of a displaced student en-
rolled 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 dis-
placed 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 pro-
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
vided 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 accom-
panied by such information as the State educational 
agency may reasonably require, including docu-
mentation submitted quarterly for the impacted 
school year that indicates the following: 
(A) ELIGIBLE LOCAL EDUCATIONAL AGEN-
CIES.—In the case of an eligible local edu-
cational agency— 
(i) the number of displaced students 
enrolled in the elementary schools and sec-
ondary schools (including public charter 
schools and including the number of dis-
placed students who are identified as eligi-
ble for and receive services under part B of 
the Individuals with Disabilities Education 
Act (20 U.S.C. 1411 et seq.)) served by 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 ac-
counts under subsection (e)(2) (including 
the number of displaced students who are 
identified as eligible for and receive serv-
ices under part B of the Individuals with 
Disabilities Education Act) for such quar-
ter who meet the following criteria: 
(I) The displaced student en-
rolled in a nonpublic school prior to 
the occurrence of a presidentially de-
clared 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 pay-
ment to an account on behalf of the 
student. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(IV) The displaced student’s tui-
tion and fees (and transportation ex-
penses, 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 emer-
gency impact aid payment provided on 
behalf of such student under this sec-
tion; and 
(iii) an assurance that the eligible 
local educational agency will make pay-
ments 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
DIS-
PLACED STUDENTS.—In determining the number of 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 IM-
PACT 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 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 sub-
section (c)(2), multiplied by the average 
per-pupil expenditure in the State for the 
most recent fiscal year for which such in-
formation is available; and 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(ii) the number of displaced students 
who are identified as eligible for and re-
ceive services under part B of the Individ-
uals with Disabilities Education Act, as de-
termined by the eligible local educational 
agencies and eligible BIE-funded schools in 
the State under subsection (c)(2), multi-
plied by 140 percent of the average per- 
pupil expenditure in the State for the most 
recent fiscal year for which such informa-
tion is available. 
(B) INSUFFICIENT FUNDS.—If the amount 
available under this section to provide emer-
gency impact aid under this subsection is insuf-
ficient to pay the full amount that a State edu-
cational 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 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 quar-
terly installment payment under clause (i) 
shall equal 25 percent of the sum of— 
(I) the number of displaced stu-
dents (who are not identified as eligi-
ble for and do not receive services 
under part B of the Individuals with 
Disabilities Education Act) reported 
by the eligible local educational agen-
cy 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 avail-
able; and 
(II) the number of displaced stu-
dents who are identified as eligible for 
and receive services under part B of 
the Individuals with Disabilities Edu-
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
cation 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 disburse-
ments 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 eli-
gible to receive under this section, then the 
State educational agency shall ratably re-
duce the amount of such payments. 
(B) MAXIMUM PAYMENT TO ACCOUNT.—In 
providing quarterly payments to an account for 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
the impacted school year on behalf of a dis-
placed student for each quarter that such stu-
dent 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 stu-
dent who is not identified as eligible for 
and does not receive services under part B 
of the Individuals with Disabilities Edu-
cation Act, the average per-pupil expendi-
ture in the State for the most recent fiscal 
year for which such information is avail-
able; 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 per-
cent of the average per-pupil expenditure 
in the State for the most recent fiscal year 
for which such information is available; 
and 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(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 sec-
tion, in whole or in part, for 1 school year subse-
quent to the impacted school year if the President 
determines such provision of assistance is appro-
priate, 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 im-
pact 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 agen-
cy or enroll in the eligible BIE-funded school, re-
spectively, and for other expenses incurred as a re-
sult of the eligible local educational agency or eligi-
ble BIE-funded school serving displaced students, 
which uses may include the activities and services 
described in paragraph (3). 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(2) DISPLACED
STUDENTS
IN
NONPUBLIC 
SCHOOLS.— 
(A) IN GENERAL.—An eligible local edu-
cational 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 pay-
ment 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 de-
scribed 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. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(C) SECULAR, NEUTRAL, AND
NONIDEO-
LOGICAL ACTIVITIES AND SERVICES.—The ac-
tivities and services provided under this para-
graph and described in paragraph (3) shall be 
secular, neutral, and nonideological. 
(D) VERIFICATION OF ENROLLMENT.—Be-
fore providing a quarterly payment to an ac-
count 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 dis-
placed students. 
(B) Identifying and acquiring curricular 
material, including the costs of providing— 
(i) additional classroom supplies; and 
(ii) mobile educational units and leas-
ing sites or spaces. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(C) Basic instructional services for such 
students, including tutoring, mentoring, or aca-
demic 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 dis-
placed student who is eligible for and receives 
under part B of the Individuals with Disabil-
ities Education Act, any payment made on be-
half of such student to an eligible local edu-
cational 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 el-
igible local educational agency provides 
services to a displaced student attending a 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
nonpublic school under section 612(a)(10) 
of the Individuals with Disabilities Edu-
cation Act, then the eligible local edu-
cational 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 eligi-
ble local educational agency in the 
State may retain under this subpara-
graph. Each State shall apply such 
guidelines in a consistent manner 
throughout the State. 
(II) DETERMINATION
OF
POR-
TION.—The portion specified in the 
guidelines shall be based on cus-
tomary 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 edu-
cation’’ and ‘‘related services’’ have the mean-
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
ings given the terms in section 602 of the Indi-
viduals 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 edu-
cational agency any payment or portion of a pay-
ment provided to the eligible local educational agen-
cy 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 Sec-
retary— 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(A) any aid provided to the State edu-
cational agency under this section that the 
State educational agency has not obligated by 
the end of the impacted school year in accord-
ance 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 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 BIE-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. 
(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 im-
pact aid payment under this section, the Secretary shall 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 stu-
dents 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 NON-
PUBLIC 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 non-
public 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 pro-
hibits the State from using Federal funds to directly pro-
vide services on behalf of students attending nonpublic 
schools and provides that another entity shall provide such 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
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 agen-
cy or eligible local educational agency is unable to 
carry out this section, the Secretary shall make such 
arrangements with the State as the Secretary deter-
mines 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 edu-
cational agency fails to make a payment to an ac-
count 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 en-
sure that the proper payment to such account 
for such quarter is made not later than 14 cal-
endar days after the date of the receipt of funds 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
under subparagraph (A), before any further 
funds for such account are distributed to the el-
igible local educational agency. 
(m) NONDISCRIMINATION.— 
(1) IN GENERAL.—A school that enrolls a dis-
placed student under this section shall not discrimi-
nate against students on the basis of race, color, na-
tional origin, religion, disability, or sex. 
(2) APPLICABILITY AND SINGLE SEX SCHOOLS, 
CLASSES, OR ACTIVITIES.— 
(A) IN
GENERAL.—To the extent con-
sistent with title IX of the Education Amend-
ments 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 con-
sistent with the religious tenets of such organi-
zation. 
(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. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
(C) ENROLLMENT.—The prohibition of re-
ligious discrimination in paragraph (1) shall not 
apply with regard to enrollment for a nonpublic 
school that is controlled by a religious organiza-
tion 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 sec-
tion shall be construed to alter or modify the provi-
sions 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 par-
ticipate 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 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
as income of a parent or guardian of the student for pur-
poses 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 Man-
agement Agency to help ensure that States and local edu-
cational 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 stu-
dents 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. 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
TITLE II—HIGHER EDUCATION 
STUDENTS AND INSTITUTIONS 
SEC. 201. GENERAL WAIVERS AND MODIFICATIONS. 
(a) AUTHORITY.—Notwithstanding any other provi-
sion 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 af-
fected students, affected individuals, affected institu-
tions, 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 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS
a disaster area in which a presidentially declared 
disaster has been declared may be granted tem-
porary relief from requirements that are rendered 
infeasible or unreasonable due to the effects of a 
presidentially declared disaster, including due dili-
gence 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 re-
porting requirements under section 131(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1015(a)) for an af-
fected 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 repay-
ment of a loan. 
SEC. 202. TEACHER RECRUITMENT AND RETENTION. 
The Secretary is authorized to approve modifications 
to the requirements for Teacher Quality Partnership 
VerDate Mar 15 2010 
02:36 May 07, 2010
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5240.IH
H5240
pwalker on DSK8KYBLC1PROD with BILLS