SEC. 2. DEFINITIONS. 
Unless otherwise specified in this Act, 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). 
SEC. 3. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS. 
(a) PURPOSE.—It is the purpose of this section— 
(1) to provide immediate services or assistance 
to local educational agencies in Illinois, Indiana, 
Iowa, Michigan, Minnesota, Missouri, and Wisconsin 
that serve an area in which a major disaster has 
been declared in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170), related to storms 
and severe flooding in the Midwest during the 
months of May and June, 2008; 
(2) to assist school administrators and per-
sonnel of such agencies with expenses related to the 
restart of operations in, the re-opening of, and the 
re-enrollment of students in, public elementary 
schools and secondary schools in such areas; and 
(3) to assist education service agencies with ex-
penses related to the continuation of services pro-
vided to public elementary and secondary schools in 
such areas. 
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(b) PAYMENTS AUTHORIZED.—From amounts appro-
priated to carry out this Act, the Secretary of Education 
is authorized to make payments, on such basis as the Sec-
retary determines appropriate, taking into consideration 
the number of students who were enrolled, during the 
2007–2008 school year, in elementary schools and sec-
ondary schools that were adversely impacted by the Mid-
west floods of May and June 2008 to State educational 
agencies in Illinois, Indiana, Iowa, Michigan, Minnesota, 
Missouri, and Wisconsin to enable such agencies to pro-
vide services or assistance to local educational agencies 
serving an area in which a major disaster has been de-
clared in accordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170), related to severe storms and flooding 
in the Midwest during the months of May and June. 
(c) ELIGIBILITY, CONSIDERATION, AND EQUITY.— 
From the payment provided by the Secretary of Education 
under subsection (b), the State educational agency shall 
provide services and assistance to local educational agen-
cies consistent with the provisions of this section. In deter-
mining the amount to be provided for services or assist-
ance under this section, the State educational agency shall 
consider the following: 
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(1) The number of school-aged children served 
by the local educational agency in the academic year 
preceding the academic year for which the services 
or assistance are provided, or in the case of an edu-
cation service agency, the number of school-aged 
children served by public elementary and secondary 
schools within the education service agency area. 
(2) The severity of the impact of the Midwest 
floods of May and June 2008 on the local edu-
cational agency and the extent of the needs in each 
local educational agency in Illinois, Indiana, Iowa, 
Michigan, Minnesota, Missouri, and Wisconsin that 
is in an area in which a major disaster has been de-
clared in accordance with section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170), related to severe storms 
and flooding in the Midwest during the months of 
May and June. 
(3) The cost of operating schools in geographi-
cally isolated and rural areas to ensure propor-
tionate distribution of funds. 
(4) After making allocations to eligible local 
education agencies, any remaining funds shall be 
distributed to education service agencies serving an 
area in Illinois, Indiana, Iowa, Michigan, Minnesota, 
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Missouri, and Wisconsin that serve an area in which 
a major disaster has been declared in accordance 
with section 401 of the Stafford Act, related to 
storms and severe flooding in the Midwest during 
the months of May and June 2008. 
(d) APPLICATIONS.—Each local educational agency 
desiring services or assistance under this section shall sub-
mit an application to the State educational agency at such 
time, in such manner, and accompanied by such informa-
tion as the State educational agency may reasonably re-
quire to ensure expedited and timely provision of services 
or assistance to the local educational agency. 
(e) USES OF FUNDS.— 
(1) IN GENERAL.—A local educational agency 
or education service agency receiving services or as-
sistance from the State educational agency under 
this section shall use such services or assistance 
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; 
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(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, including specialized in-
structional 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 receiving services or assist-
ance under this section may use such services or as-
sistance in coordination with other Federal, State, or 
local funds available for the activities described in 
paragraph (1). 
(3) SPECIAL
RULES.—Services or assistance 
provided under this section shall not be used for 
construction or major renovation of schools or edu-
cation service agencies. 
(f) SUPPLEMENT NOT SUPPLANT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), services or assistance made available 
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under this section shall be used to supplement, not 
supplant, any funds made available through the Fed-
eral Emergency Management Agency or through a 
State. 
(2) EXCEPTION.—Paragraph (1) shall not pro-
hibit the provision of Federal assistance under this 
section to an eligible State educational agency or 
local educational agency 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 or local 
educational agency has not received such other 
benefits by the time of application for Federal 
assistance under this section; and 
(B) such State educational agency or local 
educational agency, agrees to repay all duplica-
tive Federal assistance received to carry out the 
purposes of this section. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 4. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGEN-
CIES SERVING MAJOR DISASTER AREAS. 
In the case of a local educational agency that serves 
an area in which the President has declared that a major 
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disaster exists in accordance with section 401 of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170), related to severe storms and flood-
ing in the Midwest during the months of May and June, 
the amount made available for such local educational 
agency under each of sections 1124, 1124A, 1125, and 
1125A of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for fiscal 
year 2009 shall be not less than the amount made avail-
able for such local educational agency under each of such 
sections for fiscal year 2008. 
SEC. 5. 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 an affected State in 
which a major disaster has been declared in accordance 
with section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170), related 
to storms and severe flooding in the Midwest during the 
months of May and June 2008, the Secretary of Edu-
cation may, as applicable, waive or modify, in order to ease 
fiscal burdens, any requirement relating to the following: 
(1) Maintenance of effort. 
(2) The use of Federal funds to supplement, 
not supplant, non-Federal funds. 
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(3) Any non-Federal share or capital contribu-
tion required to match Federal funds provided under 
programs administered by the Secretary of Edu-
cation. 
(b) DURATION.—A waiver under this section shall be 
for the fiscal year 2009 and each subsequent fiscal year, 
if necessary. 
(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 fiscal year 2009, the 
level of effort required for fiscal year 2010 shall not 
be reduced because of the waiver or modification. 
SEC. 6. TEMPORARY EMERGENCY IMPACT AID FOR DIS-
PLACED 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 
(d). 
(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) DEFINITIONS.—In this section: 
(1) DISPLACED
STUDENT.—The term ‘‘dis-
placed student’’ means a student who enrolled in an 
elementary school or secondary school (other than 
the school that the student was enrolled in, or was 
eligible to be enrolled in, the 2007–2008 school year) 
because such student resides or resided on May 1, 
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2008, in an area for which a major disaster has 
been declared in accordance with section 401 of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170), related to severe 
storms and flooding in the Midwest during the 
months of May and June. 
(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—The term ‘‘eligible local educational agency’’ 
means a local educational agency that serves an ele-
mentary school or secondary school which there is 
enrolled a displaced student. 
(3) ELIGIBLE
BIA-FUNDED
SCHOOL.—In this 
section, the term ‘‘eligible BIA-funded school’’ 
means a school funded by the Bureau of Indian Af-
fairs in which there is enrolled a displaced student. 
(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 of Education, not later than 
14 calendar days after the date by which an applica-
tion under paragraph (2) must be submitted, in such 
manner, and accompanied by such information as 
the Secretary of Education may reasonably require, 
including information on the total displaced student 
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child count of the State provided by eligible local 
educational agencies in the State and eligible BIA- 
funded schools in the State under paragraph (2). 
(2) LOCAL EDUCATIONAL AGENCIES AND BIA- 
FUNDED
SCHOOLS.—An eligible local educational 
agency or eligible BIA-funded school that desires an 
emergency impact aid payment under this section 
shall submit an application to the State educational 
agency, not later than 14 calendar days after the 
date of the publication of the notice described in 
subsection (a)(4), in such manner, and accompanied 
by such information as the State educational agency 
may reasonably require, including documentation 
submitted quarterly for the 2007–2008 school year 
that indicates the following: 
(A) In the case of an eligible local edu-
cational agency, the number of displaced stu-
dents enrolled in the elementary schools and 
secondary schools (and including the number of 
displaced students who are children with dis-
abilities) served by such agency for such quar-
ter. 
(B) In the case of an eligible BIA-funded 
school, the number of displaced students, in-
cluding the number of displaced students who 
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(B) PAYMENT
AMOUNT.—Each quarterly 
installment payment under subparagraph (A) 
shall equal 25 percent of the sum of— 
(i) the number of displaced students 
(who are not children with disabilities) re-
ported by the eligible local educational 
agency or eligible BIA-funded school for 
such quarter (as determined under sub-
section (c)(2)) times $7,000; and 
(ii) the number of displaced students 
who are children with disabilities reported 
by the eligible local educational agency or 
eligible BIA-funded school for such quarter 
(as determined under subsection (c)(2)) 
times $8,500. 
(C) TIMELINE.—The Secretary of Edu-
cation shall establish a timeline for quarterly 
reporting on the number of displaced students 
in order to make the appropriate disbursements 
in a timely manner. 
(D) INSUFFICIENT
FUNDS.—If, for any 
quarter, the amount available under this section 
to make payments under this subsection is in-
sufficient to pay the full amount that an eligible 
local educational agency or eligible BIA-funded 
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school is eligible to receive under this section, 
the State educational agency shall ratably re-
duce the amount of such payments. 
(3) DISPLACED
STUDENTS.—Subject to the 
succeeding sentence, an eligible local educational 
agency or eligible BIA-funded school receiving emer-
gency impact aid payments under this section shall 
use the payments to provide services and assistance 
to elementary schools and secondary schools (includ-
ing charter schools) served by such agency, or to 
such BIA-funded school, that enrolled a displaced 
student. 
(e) 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 dis-
placed 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. 
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(D) Reasonable transportation costs. 
(E) Health and counseling services. 
(F) Education and support services. 
(2) PROHIBITION.—Funds received under this 
section shall not be used for construction or major 
renovation of schools. 
(3) PROVISION
OF
SPECIAL
EDUCATION
AND 
RELATED SERVICES.— 
(A) IN GENERAL.—In the case of a dis-
placed 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 this paragraph: 
(i) SPECIAL
EDUCATION; RELATED 
SERVICES.—The terms ‘‘special education’’ 
and ‘‘related services’’ have the meaning 
given such terms in section 602 of the In-
dividuals with Disabilities Education Act 
(20 U.S.C. 1401). 
(ii) INDIVIDUALIZED EDUCATION PRO-
GRAM.—The term ‘‘individualized edu-
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cation program’’ has the meaning given 
the term in section 614(d)(2) of the Indi-
viduals with Disabilities Education Act (20 
U.S.C. 1414(d)(2)). 
(f) 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 under this section that the 
eligible local educational agency has not obligated by 
the end of the 2008–2009 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 2008–2009 school year in ac-
cordance with this section; and 
(B) any payment funds returned to the 
State educational agency under paragraph (1). 
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(g) LIMITATION ON USE OF AID AND PAYMENTS.— 
Aid and payments provided under this section shall only 
be used for expenses incurred during the 2008–2009 
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 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. 
(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 of Edu-
cation shall not count displaced 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)). 
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(j) GENERAL PROVISION.—Nothing in this Act may 
be construed to alter or modify the provisions of the Indi-
viduals 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 Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), and the Rehabilitation Act 
of 1973 (29 U.S.C. 701 et seq.). 
(k) 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. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 7. ASSISTANCE FOR HOMELESS YOUTH. 
(a) IN GENERAL.—The Secretary of Education shall 
provide assistance to local educational agencies serving 
children and youth who are homeless as a result of storms 
and severe flooding in the Midwest during the months of 
May and June, 2008, consistent with section 723 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11433), including identification, enrollment assistance, as-
sessment and school placement assistance, transportation, 
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coordination of school services, supplies, referrals for 
health, mental health, and other needs. 
(b) EXCEPTION AND DISTRIBUTION OF FUNDS.— 
(1) EXCEPTION.—For the purposes of providing 
assistance under subsection (a), subsections (c) and 
(e)(1) of section 722 and subsections (b) and (c) of 
section 723 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b) 
and (c)) shall not apply. 
(2) DISBURSEMENT.—The Secretary of Edu-
cation shall disburse funding provided under sub-
section (a) to State educational agencies based on 
need, as determined by the Secretary, and such 
State educational agencies shall distribute funds, 
that are appropriated under this Act and available 
to carry out this section, to local educational agen-
cies based on demonstrated need, for the purposes of 
carrying out section 723 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11433). 
(c) COORDINATION.—Services provided under this 
section shall be provided in coordination and collaboration 
with the local educational agency liaison designated under 
section 722(g)(1)(J)(ii)) of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)). 
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(d) ENSURING BENEFITS.—Children and youth who 
are homeless, as such term is defined in section 725(2)of 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11434a(2)), as a result of storms and severe flooding in 
the Midwest during the months of May and June, 2008, 
shall be eligible for all the rights and services provided 
to homeless children and youth under subtitle B of title 
VIII of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11431 et seq.), the Head Start Act (42 U.S.C. 
9801 et seq.), the Individuals with Disabilities Education 
Act (20 U.S.C. 1400), and the Child Nutrition Act (42 
U.S.C. 1751). 
(e) CLARIFICATION.—Children and youth who have 
obtained a permanent residence are no longer eligible for 
services under this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 8. SUNSET PROVISION. 
This Act shall be effective for the period beginning 
on the date of enactment of this Act and ending on August 
1, 2009. 
Æ 
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