(2) In fiscal year 2014, the Department of 
Health and Human Services Office of Refugee Re-
settlement released 53,518 unaccompanied alien chil-
dren to sponsors nationwide. An additional 10,228 
unaccompanied alien children were released to spon-
sors from the beginning of fiscal year 2015 to March 
31 of that fiscal year. 
(3) Federal law, as upheld by the Supreme 
Court decision in Plyer v. Doe, 457 U.S. 202 
(1982), permits all children residing in the United 
States access to a public elementary 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 2015–2016 
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.— 
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(1) AID TO STATE EDUCATIONAL AGENCIES.— 
From amounts appropriated to carry out this Act, 
the Secretary of Education shall provide emergency 
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 funds are made 
available to carry out this Act, the Secretary of Edu-
cation shall publish in the Federal Register a notice 
of the availability of funds under this section. 
(b) APPLICATION.— 
(1) STATE EDUCATIONAL AGENCY.—Not later 
than 7 calendar days after the date by which appli-
cations under paragraph (2) shall be submitted, a 
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State educational agency that desires to receive 
emergency impact aid under this section shall sub-
mit an application to the Secretary of Education, in 
such manner and accompanied by such information 
as the Secretary of Education may require, including 
information on the total immigrant student child 
count of the State provided in applications sub-
mitted under paragraph (2) by eligible local edu-
cational agencies and eligible BIA-funded schools in 
the State. 
(2) LOCAL EDUCATIONAL AGENCIES AND BIA- 
FUNDED SCHOOLS.—Not later than 14 days after 
the date of the publication of the notice described in 
subsection (a)(3), an eligible local educational agen-
cy or eligible BIA-funded school that desires an 
emergency impact aid payment under this section 
shall submit an application to the State educational 
agency, in such manner, and accompanied by such 
information as the State educational agency may re-
quire, including documentation submitted for the 
most recent quarter completed that indicates the fol-
lowing: 
(A) In the case of an eligible local edu-
cational agency, the number of immigrant stu-
dents enrolled in the elementary schools and 
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secondary schools (including charter schools) 
served by such agency for such quarter. 
(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 most re-
cent quarter completed before the date of enact-
ment 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 2015–2016 school year 
shall equal the product of— 
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(i) the increase (if any) in the total 
number of immigrant students— 
(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 in such State during the cor-
responding quarter of the 2013–2014 
school year; and 
(ii) $12,000. 
(B) INSUFFICIENT FUNDS.—If the amount 
available to provide emergency impact aid under 
this section is insufficient to pay the full 
amount that each State educational agency is 
eligible to receive under this section, the Sec-
retary of Education shall ratably reduce the 
amount of such emergency impact aid to each 
such State educational agency. 
(C) RETENTION OF STATE SHARE.—In the 
case of a State educational agency that has 
made a payment to a local educational agency 
prior to the date of enactment of this Act for 
the purpose of covering additional costs in-
curred as a result of enrolling an immigrant 
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student in a school served by the local edu-
cational agency for the 2014–2015 and 2015– 
2016 school years, the State educational agency 
may retain a portion of the payment described 
in paragraph (2)(A)(ii) that bears the same re-
lation to the total amount of the payment under 
such paragraph as the sum of such prior pay-
ments bears to the total cost of attendance for 
all students in that local educational agency for 
whom the State educational agency made such 
prior payments. 
(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 to eligible 
local educational agencies and eligible BIA- 
funded schools on a quarterly basis for the 
2015–2016 school year by such dates as 
determined by the Secretary of Education. 
Such quarterly installment payments shall 
be based on the number of immigrant stu-
dents reported under subsection (b)(2). 
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