(ii) PAYMENT
AMOUNT.—Subject to 
paragraph (1)(B), each quarterly install-
ment payment under clause (i) shall equal 
25 percent of the amount determined 
under paragraph (1)(A). 
(iii) TIMELINE.—The Secretary of 
Education shall establish a timeline for 
quarterly reporting on the number of im-
migrant students in order to make the ap-
propriate disbursements in a timely man-
ner. 
(iv) INSUFFICIENT
FUNDS.—If, for 
any quarter, the amount available to a 
State educational agency under this section 
to make payments to eligible local edu-
cational agencies and eligible BIA-funded 
schools under this subsection is insufficient 
to pay the full amount that an eligible local 
educational agency or eligible BIA-funded 
school is eligible to receive under this sec-
tion, the State educational agency shall 
ratably reduce the amount of such pay-
ments to each such agency and school. 
(3) IMMIGRANT
STUDENTS.—Subject to the 
subsection (d), an eligible local educational agency 
VerDate Sep 11 2014 
05:52 Jun 04, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2634.IH
H2634
SSpencer on DSK4SPTVN1PROD with BILLS
or eligible BIA-funded school receiving emergency 
impact aid payments under this section shall use the 
payments to provide services and assistance to ele-
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. 
VerDate Sep 11 2014 
05:52 Jun 04, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2634.IH
H2634
SSpencer on DSK4SPTVN1PROD with BILLS
(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.— 
(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-
VerDate Sep 11 2014 
05:52 Jun 04, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2634.IH
H2634
SSpencer on DSK4SPTVN1PROD with BILLS
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 2015–2016 
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 Secretary 
of Education— 
(A) any aid provided to the agency under 
this section that the agency has not obligated 
by the end of the 2015–2016 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 2015–2016 
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 
VerDate Sep 11 2014 
05:52 Jun 04, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2634.IH
H2634
SSpencer on DSK4SPTVN1PROD with BILLS
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 
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-
VerDate Sep 11 2014 
05:52 Jun 04, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2634.IH
H2634
SSpencer on DSK4SPTVN1PROD with BILLS
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 
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 9101 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 
VerDate Sep 11 2014 
05:52 Jun 04, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2634.IH
H2634
SSpencer on DSK4SPTVN1PROD with BILLS
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 
by the Bureau of Indian Affairs in which there is 
enrolled an immigrant student. 
(3) IMMIGRANT STUDENT.—The term ‘‘immi-
grant student’’ has the meaning given the term ‘‘im-
migrant children and youth’’ in section 3301 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7011). 
Æ 
VerDate Sep 11 2014 
05:52 Jun 04, 2015
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H2634.IH
H2634
SSpencer on DSK4SPTVN1PROD with BILLS