I
104TH CONGRESS
2D SESSION
H. R. 4062
To authorize appropriations to reimburse States for costs of educating certain
illegal alien students.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 12, 1996
Mr. BILBRAY (for himself, Mr. DOOLITTLE, Mr. HERGER, Mr. MOORHEAD,
Mr. RIGGS, Mr. BONO, Mr. PACKARD, Mr. MCKEON, Mrs. SEASTRAND,
Mr. HUNTER, Mr. BAKER of California, Mr. CALVERT, and Mr. DREIER)
introduced the following bill; which was referred to the Committee on
Economic and Educational Opportunities
A BILL
To authorize appropriations to reimburse States for costs
of educating certain illegal alien students.
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 ‘‘Illegal Alien Edu-
cational Impact Aid Act of 1996’’.
SEC. 2. REIMBURSEMENT OF STATES FOR CERTAIN EDU-
CATIONAL COSTS FOR ILLEGAL ALIEN STU-
DENTS.
(a) GRANTS TO STATES.—From the amount appro-
priated pursuant to subsection (e), subject to the succeed-
ing provisions of this section, the Secretary of Education
shall provide for payment to each eligible State (as defined
in subsection (b)) for reimbursable costs (as defined in
subsection (c)).
(b) ELIGIBLE STATES.—In order for a State to be
eligible for payment under this section, the State shall pro-
vide the Secretary of Education with—
(1) such information as the Secretary may re-
quire to compute the amount of payment to the
State under this section, and
(2) assurances that such payments shall be
used only for the purpose of reimbursing local edu-
cational agencies for reimbursable costs.
(c) REIMBURSABLE COSTS DEFINED.—For purposes
of this section, the term ‘‘reimbursable costs’’ means, with
respect to a State, costs incurred by local educational
agencies in the State in providing a free public education
(as mandated by Federal law) to eligible illegal alien stu-
dents (as defined in subsection (d)(1)) who have been
identified to the Secretary of Education in a form and
manner specified by the Secretary.
(d) ELIGIBLE ILLEGAL ALIEN STUDENTS.—
(1) IN GENERAL.—For purposes of this section,
the term ‘‘eligible illegal alien student’’ means an
alien who is not lawfully present in the United
States and is enrolled in a public school of a local
educational agency in a State in an elementary or
secondary school level as of September 30, 1996, but
only so long as such alien remains enrolled at a pub-
lic school of such local educational agency within
such school level.
(2) SCHOOL LEVELS DEFINED.—For purposes
of this subsection, there shall be 2 school levels:
(A) The elementary school level, consisting
of kindergarten through the 6th grade.
(B) The secondary school level, consisting
of the 7th through 12th grades.
(e) AMOUNT OF PAYMENT.—
(1) IN GENERAL.—The amount of payment to
an eligible State for a fiscal year under this section
is the amount appropriated pursuant to subsection
(f) for the fiscal year multiplied by the ratio of—
(A) the product of—
(i) the average number determined
under paragraph (2)(A) for the State and
the fiscal year involved, and
(ii) the average expenditures deter-
mined under paragraph (2)(B) for the
State and fiscal year involved; to
(B) the sum of the products under sub-
paragraph (A) for all eligible States for the fis-
cal year.
(2) DETERMINATIONS.—The Secretary of Edu-
cation shall determine for each eligible State before
the beginning of each fiscal year—
(A) the average number of eligible illegal
alien students in the State for any school day
during the school year ending during the fiscal
year, and
(B) the average per pupil expenditures for pub-
lic education benefits in the State for such school
year, as determined based on statistics of the Na-
tional Center for Education Statistics relating to ex-
penditure per pupil in average daily attendance in
public elementary and secondary schools.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1998) such sums as may be re-
quired to make grants under this section.