H.Amdt. 122House111th Congress (2009-2011)

An amendment numbered 1 printed in House Report 111-106 to replace the bill's provision regarding charter schools (section 308) with a new provision that makes technical corrections and clarifies the disposition of excess funds. Expands the allowable uses of funds to include repairing, replacing, and installing water supply and building envelopes. Adds a new section to Title I of the bill giving priority consideration to schools that would use funding to remove asbestos, polychrolinated biphenyls, mold, mildew, lead-based hazards, or a proven carcinogen. Increases the set-aside for tribal and outlying schools from 1% to 2%.

What it does: 6 changes: replaces text in 2 places, inserts text in 2 places, adds a section, rewrites a provision
Submitted May 13, 2009

Description

Amendment replaces the bill's provision regarding charter schools (section 308) with a new provision that makes technical corrections and clarifies the disposition of excess funds; expands the allowable uses of funds to include repairing, replacing, and installing water supply and building envelopes; adds a new section to Title I of the bill giving priority consideration to schools that would use funding to remove asbestos, polychrolinated biphenyls, mold, mildew, lead-based hazards, or a proven carcinogen; and increases the set-aside for tribal and outlying schools from 1% to 2%.

What it changes

6 changes to H.R. 2187 · 3 shown in the bill's text

Replaces text in 2 placesInserts text in 2 placesAdds a sectionRewrites a provision

We couldn't read part of this amendment. That part is shown as written below.

  1. Change 1: Replaces “1 percent” at the section 102(a)(1) with “2 percent”

    Replaces

    In H.R. 2187 · Reported in House

    (1) In general.--From the amount appropriated to carry out this title for each fiscal year pursuant to section 311(a), the Secretary shall reserve [struck: 1][inserted: 2] percent of such amount, consistent with the purpose described in section 101--

    (A) to provide assistance to the outlying areas; and

    Original wording

    In section 102(a)(1), strike “1 percent” and insert “2 percent”.

  2. Change 2: Replaces “facilities--” before section 103(1) with “facilities, including--”

    Replaces

    [struck: facilities--][inserted: facilities, including--]

    Original wording

    In section 103, in the matter preceding paragraph (1), strike “facilities--” and insert “facilities, including--”.

  3. Change 3: Inserts “water supply and” after “wiring,”

    InsertsSection 103(1)

    …wiring,[inserted: water supply and]…

    Original wording

    In section 103(1), insert “water supply and” after “wiring,”.

  4. Change 4: Inserts “building envelope,” after “such systems,”

    InsertsSection 103(1)

    …such systems,[inserted: building envelope,]…

    Original wording

    In section 103(1), insert “building envelope,” after “such systems,”.

  5. Change 5: Adds SEC. 104. PRIORITY PROJECTS after section 103

    Adds a section

    In H.R. 2187 · Reported in House

    (12) required environmental remediation related to public school modernization, renovation, or repair described in paragraphs (1) through (11).

    Inserted: SEC. 104. PRIORITY PROJECTS.

    Inserted: In selecting a project under section 103, a local educational agency may give priority to projects involving the abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen.

    Original wording

    After section 103, insert the following:

  6. Change 6: Rewrites section 308

    Replaces

    In H.R. 2187 · Reported in House

    SEC. 308. CHARTER SCHOOLS.

    Inserted: (a) In General.--A local educational agency receiving an allocation under this Act shall reserve an amount of that allocation for charter schools within its jurisdiction for modernization, renovation, repair, and construction of charter school facilities.

    [struck: A local educational agency receiving an allocation under this Act shall distribute an ][inserted: (b) Determination of Reserved Amount.--The ]amount [struck: of that allocation ]to [struck: charter schools within its jurisdiction. The total amount to be distributed ][inserted: be reserved by a local educational agency ]under [struck: the preceding sentence ][inserted: subsection (a) ]shall be determined based on the [inserted: combined ]percentage of students eligible under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in the schools of the agency who[struck: are enrolled in charter schools. Of such total, individual charter schools shall receive a share based on the needs of the schools, as determined by the agency in consultation with the charter school community. Funds shall be used only for allowable activities in accordance with this Act.][inserted: --]

    Inserted: (1) are enrolled in charter schools; and

    Inserted: (2) the local educational agency, in consultation with the authorized public chartering agency, expects to be enrolled, during the year with respect to which the reservation is made, in charter schools that are scheduled to commence operation during such year.

    Inserted: (c) School Share.--Individual charter schools shall receive a share of the amount reserved under subsection (a) based on the need of each school for modernization, renovation, repair, or construction, as determined by the local educational agency in consultation with charter school administrators.

    Inserted: (d) Excess Funds.--After the consultation described in subsection (c), if the local educational agency determines that the amount of funds reserved under subsection (a) exceeds the modernization, renovation, repair, and construction needs of charter schools within the local educational agency's jurisdiction, the agency may use the excess funds for other public school facility modernization, renovation, repair, or construction consistent with this Act and is not required to carry over such funds to the following fiscal year for use for charter schools.

    Original wording

    Strike section 308 and insert the following:

Shown as written

In the table of contents in section 1(b) of the bill, after the item relating to section 103, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

In the table of contents in section 1(b) of the bill, after the item relating to section 103, insert the following:

Sec. 104. Priority projects.

In section 102(a)(1), strike “1 percent” and insert “2 percent”.

In section 103, in the matter preceding paragraph (1), strike “facilities--” and insert “facilities, including--”.

In section 103(1), insert “water supply and” after “wiring,”.

In section 103(1), insert “building envelope,” after “such systems,”.

After section 103, insert the following:

SEC. 104. PRIORITY PROJECTS.

In selecting a project under section 103, a local educational agency may give priority to projects involving the abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen.

Strike section 308 and insert the following:

SEC. 308. CHARTER SCHOOLS.

(a) In General.--A local educational agency receiving an allocation under this Act shall reserve an amount of that allocation for charter schools within its jurisdiction for modernization, renovation, repair, and construction of charter school facilities.

(b) Determination of Reserved Amount.--The amount to be reserved by a local educational agency under subsection (a) shall be determined based on the combined percentage of students eligible under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in the schools of the agency who--

(1) are enrolled in charter schools; and

(2) the local educational agency, in consultation with the authorized public chartering agency, expects to be enrolled, during the year with respect to which the reservation is made, in charter schools that are scheduled to commence operation during such year.

(c) School Share.--Individual charter schools shall receive a share of the amount reserved under subsection (a) based on the need of each school for modernization, renovation, repair, or construction, as determined by the local educational agency in consultation with charter school administrators.

(d) Excess Funds.--After the consultation described in subsection (c), if the local educational agency determines that the amount of funds reserved under subsection (a) exceeds the modernization, renovation, repair, and construction needs of charter schools within the local educational agency's jurisdiction, the agency may use the excess funds for other public school facility modernization, renovation, repair, or construction consistent with this Act and is not required to carry over such funds to the following fiscal year for use for charter schools.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

May 13, 2009

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Floor

House amendment offered

May 13, 2009

Floor

House amendment agreed to: On agreeing to the Miller, George amendment (A001) Agreed to by voice vote.

May 13, 2009 • 1:08 PM

Not Used

Amendment agreed to Committee of the Whole

May 13, 2009 • 1:08 PM

Not Used

House amendment offered/reported by : Amendment (A001) offered by Mr. Miller, George.(consideration: CR H5509-5510; text: CR H5509)

May 13, 2009 • 1:02 PM

Floor

Amendment (A001) offered by Mr. Miller, George. (consideration: CR H5509-5510; text: CR H5509)

May 13, 2009 • 1:02 PM

Floor

On agreeing to the Miller, George amendment (A001) Agreed to by voice vote.

May 13, 2009 • 1:08 PM