Topic: Education — Elementary & Secondary
Subject: Education
Date: 2009-04-30 00:00:00

21st Century Green High-Performing Public School Facilities Act - Title I: Grants for Modernization, Renovation, or Repair of Public School Facilities - (Sec. 102) Requires the Secretary of Education to make grants to states for the modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date. Allocates grant funds among states on the basis of the relative portion of school improvement funds provided to local educational agencies (LEAs) in each state under the Elementary and Secondary Education Act of 1965. Reserves 2% of the grant funds for assistance to outlying areas and Indian schools. Reserves 5% of the grant funds for LEAs serving geographic areas with significant economic distress and those serving geographic areas recovering from a natural disaster. Requires states to reallocate such grant funds to LEAs on the basis of each LEA's share of school improvement funds received by LEAs in the state for the previous fiscal year. (Sec. 104) Allows LEAs to give priority to projects involving the abatement, removal, or interim control of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, or a proven carcinogen. Title II: Supplemental Grants for Louisiana, Mississippi, and Alabama - (Sec. 202) Requires the Secretary to make grants to LEAs in Louisiana, Mississippi, and Alabama for the construction, modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date. Allocates grant funds among such LEAs on the basis of each LEA's share of infrastructure damage inflicted on public school facilities in such states by Hurricane Katrina or Hurricane Rita in 2005. Title III: General Provisions - (Sec. 301) Prohibits LEAs from using this Act's grants: (1) for maintenance costs; (2) for facilities used primarily for events for which the public is charged admission or for which the purpose is not the education of children; (3) to supplant funds otherwise available for school modernization, renovation, repair, and construction efforts; or (4) to purchase carbon offsets. (Sec. 303) Prohibits States from considering LEAs' receipt of this Act's grants in determining their eligibility for state aid or the amount of state aid they receive. (Sec. 304) Conditions LEA grant eligibility on LEA and state spending for free public education remaining above specified levels. Requires states to reduce the amount of grant funds available to an LEA by the proportion by which the LEA's spending falls below such levels. Directs the Secretary to waive such maintenance of effort requirements if such waiver is justified by exceptional or uncontrollable circumstances, or the precipitous decline in an LEA's financial resources. (Sec. 305) Requires grantees' contracting procedures for school modernization, renovation, repair, and construction to ensure the maximum number of qualified bidders through full and open competition. (Sec. 306) Requires the iron and steel used in projects funded under this Act to have been produced in this country, subject to specified exceptions. (Sec. 307) Requires all laborers and mechanics employed by contractors or subcontractors in the performance of work assisted under this Act to be paid wages at rates not less than those prevailing on similar work in the locality. (Sec. 309) Directs LEA grantees to use a percentage of their grant, rising in 10% increments from 50% in FY2010 to 100% in FY2015, for public school modernization, renovation, repairs, or construction that meet Leadership in Energy and Environmental Design (LEED) green building rating standards, Energy Star standards, Collaborative for High Performance Schools (CHPS) criteria, Green Building Initiative environmental design and rating standards (Green Globes), or equivalent standards adopted by the entities that have jurisdiction over such LEAs. Requires the Secretary to provide outreach and technical assistance to states and LEAs concerning the best practices in school modernization, renovation, repair, and construction. (Sec. 310) Directs: (1) LEAs to report annually to their states, and the public, on their use of such grant funds; (2) states to submit annually to the Secretary a compilation of the information received from their LEAs; and (3) the Secretary to report to Congress annually on grants made under this Act. (Sec. 311) Authorizes appropriations for this Act's grant programs for FY2010-FY2015. Prohibits the use of such funds for Congressional earmarks. (Sec. 312) Prohibits the use of this Act's grants: (1) to employ workers who are illegal aliens or whose status has not been ascertained using the employment verification system; or (2) by LEAs that do not require a criminal background check on all their employees. (Sec. 313) Requires the Secretary to work with grant recipients to promote appropriate opportunities for participants in a YouthBuild program to gain employment experience on projects funded under this Act. (YouthBuild programs provide education and employment skills to disadvantaged youth.) (Sec. 314) Requires the Department of Education to evaluate the effect this Act's projects have on student academic achievement and to report its findings to Congress. (Sec. 315) Directs the Secretary to establish an Advisory Council on Green, High-Performing Schools to provide the Secretary with advice on the academic, health, energy, and environmental impact of such schools and assistance in facilitating their creation. (Sec. 316) Requires the Secretary to work with grant recipients to promote appropriate opportunities for individuals enrolled in the Job Corps program or a community or junior college to gain employment experience on projects funded under this Act. (Sec. 318) Directs the Comptroller General to study and report to Congress on the extent and type of green, high-performing school projects being undertaken at schools around the country, the geographic distribution of green, high-performing schools, and their availability to disadvantaged, disabled, or limited English proficient students and students from major racial and ethnic groups. (Sec. 319) Allows LEAs to encourage schools at which this Act's projects are being implemented to educate students about the project and its benefits.