amount of State aid, with respect to free public education 
of children. 
SEC. 304. MAINTENANCE OF EFFORT. 
(a) IN GENERAL.—A local educational agency may 
receive a grant under this Act for any fiscal year only if 
either the combined fiscal effort per student or the aggre-
gate expenditures of the agency and the State involved 
with respect to the provision of free public education by 
the agency for the preceding fiscal year was not less than 
90 percent of the combined fiscal effort or aggregate ex-
penditures for the second preceding fiscal year. 
(b) REDUCTION IN CASE OF FAILURE TO MEET 
MAINTENANCE OF EFFORT REQUIREMENT.— 
(1) IN GENERAL.—The State educational agen-
cy shall reduce the amount of a local educational 
agency’s grant in any fiscal year in the exact propor-
tion by which a local educational agency fails to 
meet the requirement of subsection (a) of this sec-
tion by falling below 90 percent of both the com-
bined fiscal effort per student and aggregate expend-
itures (using the measure most favorable to the local 
agency). 
(2) SPECIAL
RULE.—No such lesser amount 
shall be used for computing the effort required 
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under subsection (a) of this section for subsequent 
years. 
(c) WAIVER.—The Secretary shall waive the require-
ments of this section if the Secretary determines that a 
waiver would be equitable due to— 
(1) exceptional or uncontrollable circumstances, 
such as a natural disaster; or 
(2) a precipitous decline in the financial re-
sources of the local educational agency. 
SEC. 305. SPECIAL RULE ON CONTRACTING. 
Each local educational agency receiving a grant under 
this Act shall ensure that, if the agency carries out mod-
ernization, renovation, repair, or construction through a 
contract, the process for any such contract ensures the 
maximum number of qualified bidders, including local, 
small, minority, and women- and veteran-owned busi-
nesses, through full and open competition. 
SEC. 306. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS. 
(a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this Act may be used for 
a project for the modernization, renovation, repair or con-
struction of a public school facility unless all of the iron, 
steel, and manufactured goods used in the project are pro-
duced in the United States. 
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(b) EXCEPTIONS.—Subsection (a) shall not apply in 
any case or category of cases in which the Secretary finds 
that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron, steel, and the relevant manufactured 
goods are not produced in the United States in suffi-
cient and reasonably available quantities and of a 
satisfactory quality; or 
(3) inclusion of iron, steel, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent. 
(c) PUBLICATION OF JUSTIFICATION.—If the Sec-
retary determines that it is necessary to waive the applica-
tion of subsection (a) based on a finding under subsection 
(b), the Secretary shall publish in the Federal Register 
a detailed written justification of the determination. 
(d) CONSTRUCTION.—This section shall be applied in 
a manner consistent with United States obligations under 
international agreements. 
SEC. 307. LABOR STANDARDS. 
The grant programs under this Act are applicable 
programs (as that term is defined in section 400 of the 
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General Education Provisions Act (20 U.S.C. 1221)) sub-
ject to section 439 of such Act (20 U.S.C. 1232b). 
SEC. 308. CHARTER SCHOOLS. 
A local educational agency receiving an allocation 
under this section shall use an equitable portion of that 
allocation for allowable activities benefitting charter 
schools within its jurisdiction, as determined based on the 
percentage of students from low-income families in the 
schools of the agency who are enrolled in charter schools 
and on the needs of those schools as determined by the 
agency. 
SEC. 309. GREEN SCHOOLS. 
(a) IN GENERAL.—In a given fiscal year, a local edu-
cational agency shall use not less than the applicable per-
centage (described in subsection (b)) of funds received 
under this Act for public school modernization, renovation, 
repairs, or construction that are certified, verified, or con-
sistent with any applicable provisions of— 
(1) the LEED Green Building Rating System; 
(2) Energy Star; 
(3) the CHPS Criteria; 
(4) Green Globes; or 
(5) an equivalent program adopted by the State 
or another jurisdiction with authority over the local 
educational agency. 
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(b) APPLICABLE
PERCENTAGES.—The applicable 
percentage described in subsection (a) is— 
(1) in fiscal year 2010, 50 percent; 
(2) in fiscal year 2011, 60 percent; 
(3) in fiscal year 2012, 70 percent; 
(4) in fiscal year 2013, 80 percent; 
(5) in fiscal year 2014, 90 percent; and 
(6) in fiscal year 2015, 100 percent. 
(c) TECHNICAL ASSISTANCE.—The Secretary, in con-
sultation with the Secretary of Energy and the Adminis-
trator of the Environmental Protection Agency, shall pro-
vide outreach and technical assistance to States and local 
educational agencies concerning the best practices in 
school modernization, renovation, repair, and construc-
tion, including those related to student academic achieve-
ment, student and staff health, energy efficiency, and envi-
ronmental protection. 
(d) YOUTHBUILD PROGRAMS.—The Secretary of 
Education, in consultation with the Secretary of Labor, 
shall work with recipients of funds under this section to 
promote appropriate opportunities for participants in a 
YouthBuild program (as defined in section 173A of the 
Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to 
gain employment experience on modernization, renovation, 
and repair projects funded under this section. 
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SEC. 310. REPORTING. 
(a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 
Local educational agencies receiving a grant under this 
Act shall annually compile a report describing the projects 
for which such funds were used, including— 
(1) the number of public schools in the agency, 
including the number of charter schools; 
(2) the total amount of funds received by the 
local educational agency under this Act and the 
amount of such funds expended, including the 
amount expended for modernization, renovation, re-
pair, or construction of charter schools; 
(3) the number of public schools in the agency 
with a metro-centric locale code of 41, 42, or 43 as 
determined by the National Center for Education 
Statistics and the percentage of funds received by 
the agency under title I or title II of this Act that 
were used for projects at such schools; 
(4) the number of public schools in the agency 
that are eligible for schoolwide programs under sec-
tion 1114 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6314) and the per-
centage of funds received by the agency under title 
I or title II of this Act that were used for projects 
at such schools; 
(5) for each project— 
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(A) the cost; 
(B) the standard described in section 
309(a) with which the use of the funds com-
plied or, if the use of funds did not comply with 
a standard described in section 309(a), the rea-
son such funds were not able to be used in com-
pliance with such standards and the agency’s 
efforts to use such funds in an environmentally 
sound manner; 
(C) if flooring was installed, whether— 
(i) it was low- or no-VOC (Volatile 
Organic Compounds) flooring; 
(ii) it was made from sustainable ma-
terials; and 
(iii) use of flooring described in clause 
(i) or (ii) was cost-effective; and 
(D) any demonstrable or expected benefits 
as a result of the project (such as energy sav-
ings, improved indoor environmental quality, 
improved climate for teaching and learning, 
etc.); and 
(6) the total number and amount of contracts 
awarded, and the number and amount of contracts 
awarded to local, small, minority, women, and vet-
eran-owned businesses. 
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(b) AVAILABILITY OF REPORTS.—A local educational 
agency shall— 
(1) submit the report described in subsection 
(a) to the State educational agency, which shall com-
pile such information and report it annually to the 
Secretary; and 
(2) make the report described in subsection (a) 
publicly available, including on the agency’s website. 
(c) REPORTS BY SECRETARY.—Not later than De-
cember 31 of each fiscal year, the Secretary shall submit 
to the Committee on Education and Labor of the House 
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, and make 
available on the Department of Education’s website, a re-
port on grants made under this Act, including the infor-
mation described in subsection (b)(1), the types of mod-
ernization, renovation, repair, and construction funded, 
and the number of students impacted, including the num-
ber of students counted under section 1113(a)(5) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6313(a)(5)). 
SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 
(a) TITLE I.—To carry out title I, there are author-
ized to be appropriated $6,400,000,000 for fiscal year 
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2010 and such sums as may be necessary for each of fiscal 
years 2011 through 2015. 
(b) TITLE II.—To carry out title II, there are author-
ized to be appropriated $100,000,000 for each of fiscal 
years 2010 through 2015. 
SEC. 312. SPECIAL RULES. 
Notwithstanding any other provision of this Act, none 
of the funds authorized by this Act may be— 
(1) used to employ workers in violation of sec-
tion 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a); or 
(2) distributed to a local educational agency 
that does not have a policy that requires a criminal 
background check on all employees of the agency. 
Æ 
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