S.Amdt. 2252

1. Adds TITLE __--ASSISTANCE TO REBUILD AFFECTED COMMUNITIES wherever appropriate

   Adds a title

   Inserted: TITLE __--ASSISTANCE TO REBUILD AFFECTED COMMUNITIES

   Inserted: SEC. __. ASSISTANCE TO SCHOOLS ENROLLING EVACUATED STUDENTS.

   Inserted: (a) Purpose.--It is the purpose of this section to provide financial assistance to eligible entities that serve students who are displaced by Hurricane Katrina or Hurricane Rita and enroll in the elementary or secondary schools (including charter schools) served by the eligible entities or in the eligible entities (as the case may be).

   Inserted: (b) Program Authorized.--From amounts appropriated under subsection (k), the Secretary of Education shall award grants to eligible entities to enable the eligible entities to award subgrants under subsection (g) and to carry out the activities described in subsection (h).

   Inserted: (c) Eligible Entity.--In this section, the term "eligible entity" means--

   Inserted: (1) in Louisiana or Mississippi, a State educational agency;

   Inserted: (2) in a State other than Louisiana or Mississippi, a local educational agency that enrolls a student who is displaced by Hurricane Katrina or Hurricane Rita; or

   Inserted: (3) an elementary school or secondary school funded by the Bureau of Indian Affairs that enrolls a student who is displaced by Hurricane Katrina or Hurricane Rita.

   Inserted: (d) Conditions of Grant.--

   Inserted: (1) Duration of grant.--Each grant awarded under this section shall be for the period beginning on the date of the award and ending on the last day of the 2005-2006 school year.

   Inserted: (2) Return of non-obligated funds.--An eligible entity receiving a grant under this section shall return to the Secretary of Education any grant funds that have not been expended or obligated during the grant period.

   Inserted: (e) Student Count.--An eligible entity desiring to receive a grant under this section shall--

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   Inserted: (1) submit to the Secretary of Education a count of the number of students enrolled in the eligible entity or in the elementary and secondary schools served by the eligible entity (as the case may be) who were displaced by Hurricane Katrina or Hurricane Rita; and

   Inserted: (2) maintain the records necessary to document the student enrollment count under paragraph (1).

   Inserted: (f) Amount of Grants.--

   Inserted: (1) In general.--As soon as feasible after receiving an enrollment count described in subsection (e)(1) from an eligible entity, the Secretary of Education shall award a grant in the amount described in paragraph (2) to such eligible entity.

   Inserted: (2) Amount of grants.--The amount of a grant described in this paragraph shall be equal to the product of--

   Inserted: (A) the number of students enrolled in the eligible entity or in the elementary and secondary schools served by the eligible entity (as the case may be) who were displaced by Hurricane Katrina or Hurricane Rita; multiplied by

   Inserted: (B) 90 percent of the average per-pupil expenditure for elementary and secondary education in the State in which the eligible entity is located, as determined by the Secretary of Education using data from the most recent year for which satisfactory data are available, except that the amount described in this subparagraph shall not exceed $7,500.

   Inserted: (3) Ratable reduction.--If the amount appropriated for grants under this section is insufficient to pay the grants to all eligible entities in the amount calculated under paragraph (2), the grants to all eligible entities shall be ratably reduced.

   Inserted: (g) Use of Funds by State Educational Agencies.--

   Inserted: (1) In general.--An eligible agency described in subsection (c)(1) that receives a grant under this section shall use grant funds to--

   Inserted: (A) award subgrants, in the amount described in paragraph (2), to local educational agencies within the State that serve students who were displaced by Hurricane Katrina or Hurricane Rita, to enable the local educational agencies to carry out the activities described in subsection (h); and

   Inserted: (B) to carry out the activities described in paragraph (3).

   Inserted: (2) Amount of subgrants.--The amount of a subgrant made to a local educational agency under paragraph (1)(A) shall be equal to--

   Inserted: (A) the product of --

   Inserted: (i) the average per-pupil expenditure for elementary and secondary education in the local educational agency; multiplied by

   Inserted: (ii) the number of students enrolled in schools served by the local educational agency who were displaced by Hurricane Katrina or Hurricane Rita; or

   Inserted: (B) an amount calculated by an alternate methodology, if the use of such methodology is approved by the Secretary of Education.

   Inserted: (3) Use of remaining funds.--From any grant funds awarded to an eligible agency described in subsection (c)(1) that remain after the eligible agency has awarded subgrants in accordance with paragraph (1), the eligible agency may use such remaining funds to carry out activities that assist local educational agencies serving schools that are closed as a result of Hurricane Katrina or Hurricane Rita, in order to reopen such schools as quickly and effectively as possible. Such activities may include--

   Inserted: (A) arranging for the temporary facilities necessary to operate educational programs while permanent facilities are being rebuilt or repaired;

   Inserted: (B) purchasing equipment and materials to replace those items destroyed or damaged by Hurricane Katrina or Hurricane Rita;

   Inserted: (C) paying the cost of student transportation;

   Inserted: (D) recruiting or retraining teachers or other school personnel to serve in reopened schools; and

   Inserted: (E) providing nonfinancial assistance to students and their families when such students return to the areas affected by Hurricane Katrina or Hurricane Rita or reenroll in schools that are affected by Hurricane Katrina or Hurricane Rita.

   Inserted: (h) Uses of Funds by Bureau of Indian Affairs Schools and Local Educational Agencies.--An eligible entity described in paragraph (2) or (3) of subsection (c) that receives a grant under this section, or a local educational agency that receives a subgrant under subsection (g)(1), shall use the grant funds to pay for the costs related to educating students enrolled in the schools served by the eligible entity or in the eligible entity (as the case may be), which costs may include--

   Inserted: (1) teacher and staff salaries;

   Inserted: (2) building maintenance;

   Inserted: (3) materials and equipment;

   Inserted: (4) student transportation;

   Inserted: (5) special services and instruction, such as--

   Inserted: (A) English language acquisition services and programs for students with limited English proficiency;

   Inserted: (B) services for children with disabilities; and

   Inserted: (C) mental health counseling for children displaced by Hurricane Katrina or Hurricane Rita;

   Inserted: (6) after-school programs;

   Inserted: (7) supplemental educational services; and

   Inserted: (8) early childhood programs.

   Inserted: (i) Accountability.--An eligible entity that receives a grant under this section shall take appropriate measures to ensure the proper use of, and accounting for, all grant funds received by the eligible entity under this section.

   Inserted: (j) Expiration of Authority.--On June 30, 2006, the authority described in subsection (b) shall expire and all funds under this section that are not expended or obligated by such date shall be transferred to the general fund of the Treasury.

   Inserted: (k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,860,000,000 for fiscal year 2006.

   Inserted: SEC. __. ASSISTANCE FOR THE ENROLLMENT OF EVACUATED STUDENTS IN PRIVATE SCHOOLS.

   Inserted: (a) Authority.--From funds appropriated under subsection (j), the Secretary of Education shall make one-time, emergency grants to State educational agencies to enable the State educational agencies to reimburse the parents or guardians of students who were displaced by Hurricane Katrina or Hurricane Rita and who are attending a private school in the State that is accredited or licensed or otherwise operates in accordance with State law.

   Inserted: (b) Length of Grant.--

   Inserted: (1) Duration of grant.--Each emergency grant awarded under this section shall be for the period beginning on the date of the award and ending on the last day of the 2005-2006 school year.

   Inserted: (2) Return of non-obligated funds.--Each State educational agency that receives a grant under this section shall return to the Secretary of Education any grant funds that have not been expended or obligated during the grant period.

   Inserted: (c) Applications.--A State educational agency that desires to receive an emergency grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require, including--

   Inserted: (1) the number of students who were displaced by Hurricane Katrina or Hurricane Rita and whose parents or guardians the State educational agency expects to reimburse under this section; and

   Inserted: (2) a detailed description of the procedures the State educational agency plans to use--

   Inserted: (A) to provide reimbursements to the parents or guardians of the displaced students described in paragraph (1); and

   Inserted: (B) to ensure fiscal accountability for any funds received by the State educational agency under this section.

   Inserted: (d) Amount of Grants.--

   Inserted: (1) In general.--For each State educational agency, the amount of an emergency grant under this section shall be equal to the product of--

   Inserted: (A) the number of students who were displaced by Hurricane Katrina or Hurricane Rita and whose parents or guardians will be reimbursed by the State educational agency, as determined by the Secretary of Education; multiplied by

   Inserted: (B) 90 percent of the average per-pupil expenditure for elementary and secondary education in the State, as determined by the Secretary of Education using data from the most recent year for which satisfactory data are available, except that the amount described in this subparagraph shall not exceed $7,500.

   Inserted: (2) Ratable reduction.--If the amount appropriated for emergency grants under this section is insufficient to pay the emergency grants to all State educational agencies in accordance with paragraph (1), the emergency grants to all State educational agencies shall be ratably reduced.

   Inserted: (e) Uses of Funds.--Each State educational agency receiving an emergency grant under this section--

   Inserted: (1) shall use the grant funds to provide reimbursements, once per semester (or lesser portion of the school year, if the State so decides), directly to the parents or guardians of the displaced students, for the cost of those students' tuition, fees, and transportation expenses, if any, at any private school of the parents' or guardians' choice in the State for that semester (or lesser period), in accordance with subsection (f);

   Inserted: (2) shall ensure that a parent or guardian who receives funds under this section use those funds only for the purposes described in paragraph (1);

   Inserted: (3) may use not more than 1 percent of the grant funds for the administrative expenses of carrying out this subsection; and

   Inserted: (4) may contract with a public or private nonprofit agency or entity to administer and operate the reimbursement program under this subsection.

   Inserted: (f) Amount of Payments to Parents or Guardians.--

   Inserted: (1) In general.--The maximum reimbursement that a State educational agency may provide to an eligible parent or guardian on behalf of a student who is displaced by Hurricane Katrina or Hurricane Rita under this section shall be equal to the amount described in subsection (d)(1)(B).

   Inserted: (2) Eligibility requirements for reimbursement.--

   Inserted: (A) Criteria for enrolling schools.--A parent of a student who is displaced by Hurricane Katrina or Hurricane Rita is eligible for a reimbursement by the State educational agency under subsection (e) if the private school in which the parent enrolls the student--

   Inserted: (i) is accredited or licensed or otherwise operates in accordance with State law; and

   Inserted: (ii) has in place a refund policy for the refund of tuition and fees (and transportation expenses, if any) for displaced students that is at least as favorable as the refund policy applicable to other students at the school.

   Inserted: (B) Criteria for parents or guardians.--In addition to the requirements of subparagraph (A), the Secretary of Education shall establish criteria, which may include the use of criteria involving family income or assets, to determine the eligibility for or amount of assistance provided under this section to a parent or guardian of a student who is displaced by Hurricane Katrina or Hurricane Rita.

   Inserted: (g) By-Pass.--If a State educational agency is unable or unwilling to carry out this section, the Secretary of Education may make such arrangements as the Secretary determines appropriate to carry out this section on behalf of the students attending private schools in such State who are displaced by Hurricane Katrina or Hurricane Rita.

   Inserted: (h) Rule of Construction.--Section 308 of the DC School Choice Incentive Act of 2003 (Public Law 108-199) shall apply to the program under this section in the same manner as such section applies to the program under such Act.

   Inserted: (i) Expiration of Authority.--On June 30, 2006, the authority described in subsection (a) shall expire and all grant funds that are not expended or obligated by such date shall be transferred to the general fund of the Treasury.

   Inserted: (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $488,000,000 for fiscal year 2006.

   Inserted: SEC. __. IMMEDIATE AID TO RESTART EDUCATIONAL OPERATIONS.

   Inserted: (a) Purpose.--It is the purpose of this section--

   Inserted: (1) to provide immediate services or assistance to institutions of higher education, local educational agencies, and eligible private schools that serve 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 Hurricane Katrina or Hurricane Rita;

   Inserted: (2) to assist school district administrators and personnel of such institutions, agencies, or eligible private schools who are working to restart operations; and

   Inserted: (3) to facilitate the reopening of the institutions, elementary schools and secondary schools served by such agencies, or eligible private schools and the enrollment of students in such institutions or schools as soon as possible.

   Inserted: (b) Payments Authorized.--From amounts appropriated to carry out this section, the Secretary of Education is authorized to make payments to State educational agencies or State agencies for higher education that serve 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 Hurricane Katrina or Hurricane Rita, to enable such agencies to--

   Inserted: (1) restart schools located in 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 Hurricane Katrina or Hurricane Rita;

   Inserted: (2) provide assistance to institutions of higher education located in such an area; and

   Inserted: (3) provide assistance to eligible private schools in accordance with subsection (c).

   Inserted: (c) Assistance to Eligible Private Schools.--

   Inserted: (1) In general.--From the payments provided by the Secretary of Education under subsection (b) and after timely and meaningful consultation with appropriate private school officials, a State educational agency that serves 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 Hurricane Katrina or Hurricane Rita, shall provide to eligible private schools special educational services or benefits for the students served by such eligible private schools on the equitable basis described in paragraph (3).

   Inserted: (2) Secular, neutral, nonideological.--The educational services or other benefits provided under paragraph (1), including materials and equipment, shall be secular, neutral, and nonideological.

   Inserted: (3) Equity.--Educational services and other benefits provided for eligible private school students under paragraph (1) shall be equitable in comparison to the educational services and other benefits provided for public school students under this section.

   Inserted: (4) Public control of funds.--The control of funds provided to an eligible private school under paragraph (1), and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property.

   Inserted: (d) Supplement Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, any funds made available through the Federal Emergency Management Agency or through a State.

   Inserted: (e) Definitions.--In this section:

   Inserted: (1) Eligible private school.--The term "eligible private school" means a private elementary or secondary school that desires to participate in the program under this section and is located in 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 Hurricane Katrina or Hurricane Rita.

   Inserted: (2) Institution of higher education.--The term "institution of higher education" has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

   Inserted: (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000,000 for fiscal year 2006.

   Inserted: SEC. __. FUNDING.

   Inserted: (a) In General.--Notwithstanding any other provision of law, of the amounts made available to the Department of Homeland Security under the heading "Disaster Relief" under the heading "EMERGENCY PREPAREDNESS AND RESPONSE" of Public Law 109-62 (119 Stat. 1991), not less than $3,300,000,000 shall be available to the heads of the appropriate departments or agencies of the Federal Government to carry out the programs and activities authorized under this title.

   Inserted: (b) Available Until Expended.--The amounts appropriated under subsection (a) shall remain available until expended.

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As printed