I 
113TH CONGRESS 
2D SESSION 
H. R. 5611 
To provide for temporary emergency impact aid for local educational agencies. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2014 
Mr. ISRAEL (for himself and Mr. KING of New York) introduced the following 
bill; which was referred to the Committee on Education and the Workforce 
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) In 2014, the United States experienced an 
unprecedented influx in arrivals of unaccompanied 
alien children. 
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(2) Between January 1, 2014, and July 31, 
2014, the Department of Health and Human Serv-
ices Office of Refugee Resettlement released 37,477 
unaccompanied alien children to sponsors nation-
wide. 
(3) Federal law, as upheld by the Supreme 
Court decision Plyer v. Doe, permits all children re-
siding in the United States access to a public ele-
mentary 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 2014–2015 
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 
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impact aid to State educational agencies to enable 
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 the date of enact-
ment of this Act, the Secretary of Education shall 
publish in the Federal Register a notice of the avail-
ability of funds under this section. 
(b) 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 of Education, not later than 
7 calendar days after the date by which an applica-
tion under paragraph (2) must be submitted, in such 
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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 quarter 
prior to the date of enactment 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 2014–2015 school year 
shall equal the product of— 
(i) the increase (if any) in the 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 during the corresponding 
quarter of the 2012–2013 school year; 
and 
(ii) $12,000. 
(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, the Secretary of Education shall rat-
ably reduce the amount of such emergency im-
pact aid. 
(C) RETENTION OF STATE SHARE.—In the 
case of a State educational agency that has 
made a payment prior to the date of enactment 
of this Act to a local educational agency for the 
purpose of covering additional costs incurred as 
a result of enrolling an immigrant student in a 
school served by the local educational agency, 
the State educational agency may retain a por-
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tion of the payment described in paragraph 
(2)(A)(ii) that bears the same relation to the 
total amount of the payment under such para-
graph as the sum of such prior payments bears 
to the total cost of attendance for all students 
in that local educational agency for whom the 
State educational agency made such prior pay-
ments. 
(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 on a quarterly 
basis for the 2014–2015 school year by 
such dates as determined by the Secretary 
of Education. Such quarterly installment 
payments shall be based on the number of 
immigrant students reported under sub-
section (b)(2). 
(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). 
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(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 under 
this section to make payments under this 
subsection is insufficient to pay the full 
amount that an eligible local educational 
agency or eligible BIA-funded school is eli-
gible to receive under this section, the 
State educational agency shall ratably re-
duce the amount of such payments. 
(3) IMMIGRANT
STUDENTS.—Subject to the 
subsection (d), an eligible local educational agency 
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.— 
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(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.— 
(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 
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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 2014–2015 
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— 
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(A) any aid provided to the agency under 
this section that the agency has not obligated 
by the end of the 2014–2015 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 2014–2015 
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 
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-
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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 
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. 
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(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 
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 
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Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7011). 
Æ 
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