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H.R.3021 - 21st Century High-Performing Public School Facilities Act
To direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||2,899||n/a||n/a|
|Reported in House||3,298||195||77%|
|Engrossed in House||3,419||103||47%|
|Referred in Senate||3,398||23 Show Changes Hide Changes||3%|
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June 6, 2008CommentsClose CommentsPermalink
August 1, 2008CommentsClose CommentsPermalink
To direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes.CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIES
TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA
TITLE III--GENERAL PROVISIONS
SEC. 2. DEFINITIONS.
(A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965, and shall also include the Recovery School District of Louisiana and the New Orleans Public Schools; andCommentsClose CommentsPermalink
(6) The term `‘LEED Green Building Rating System'’ means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System.CommentsClose CommentsPermalink
TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIESCommentsClose CommentsPermalink
SEC. 101. PURPOSE.
Grants under this title shall be for the purpose of modernizing, renovating, or repairing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically.CommentsClose CommentsPermalink
SEC. 102. ALLOCATION OF FUNDS.
(a) Reservation- From the amount appropriated to carry out this title for each fiscal year pursuant to section 309(a), the Secretary shall reserve 1 percent of such amount, consistent with the purpose described in section 101--CommentsClose CommentsPermalink
(1) STATE-BY-STATE ALLOCATION- Of the amount appropriated to carry out this title for each fiscal year pursuant to section 309(a), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year.CommentsClose CommentsPermalink
(B) developing within 6 months of receiving its allocation under paragraph (1) a plan to develop a database that includes an inventory of public school facilities in the State and the modernization, renovation, and repair needs of, energy use by, and the carbon footprint of such schools; andCommentsClose CommentsPermalink
(3) GRANTS TO LOCAL EDUCATIONAL AGENCIES- From the amount allocated to a State under paragraph (1), each local educational agency in the State that meets the requirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of that Act for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under part A of title I of that Act for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this title.CommentsClose CommentsPermalink
(1) DISTRIBUTIONS BY SECRETARY- The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 30 days after an appropriation of funds for this title is made.CommentsClose CommentsPermalink
(3) DISTRIBUTIONS BY LOCAL EDUCATIONAL AGENCIES- A local educational agency receiving a grant under this title may give priority, in using the grant, to projects to be carried out in a public secondary school recognized as a Science and Technology High School or as a secondary school with a science and technology program.CommentsClose CommentsPermalink
SEC. 103. ALLOWABLE USES OF FUNDS.
(1) repairing, replacing, or installing roofs, including extensive, intensive or semi-intensive green roofs, electrical wiring, plumbing systems, sewage systems, lighting systems, or components of such systems, windows, or doors, including security doors;CommentsClose CommentsPermalink
(2) repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation), including indoor air quality assessments;CommentsClose CommentsPermalink
(3) bringing public schools into compliance with fire, health, and safety codes, including professional installation of fire/life safety alarms, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures;CommentsClose CommentsPermalink
(4) modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 (
(6) implementation of measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls, abatement, or a combination of each;CommentsClose CommentsPermalink
(9) modernization, renovation, or repair of science and engineering laboratory facilities, libraries, and career and technical education facilities, including those related to energy efficiency and renewable energy, and improvements to building infrastructure to accommodate bicycle and pedestrian access;CommentsClose CommentsPermalink
(10) renewable energy generation and heating systems, including solar, photovoltaic, wind, geothermal, or biomass, including wood pellet, systems or components of such systems;CommentsClose CommentsPermalink
TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMACommentsClose CommentsPermalink
SEC. 201. PURPOSE.
Grants under this title shall be for the purpose of modernizing, renovating, repairing or constructing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically.CommentsClose CommentsPermalink
SEC. 202. ALLOCATION TO STATES.
(a) State-by-State Allocation- Of the amount appropriated to carry out this title for each fiscal year pursuant to section 309(b), the Secretary shall allocate to Louisiana, Mississippi, and Alabama an amount equal to the number of schools in each of those States that were closed for 60 days or more during the period beginning on August 29, 2005, and ending on December 31, 2005, due to Hurricane Katrina or Hurricane Rita, relative to the number of schools in all of those States combined that were so closed.CommentsClose CommentsPermalink
(b) State Administration- A State that receives funds under this title may reserve one-half of one percent of such funds for administrative purposes related to this title.CommentsClose CommentsPermalink
(c) Grants to Local Educational Agencies- States receiving funds under subsection (a) shall allocate such funds to local educational agencies within the State according to the criteria described in subsection (a).CommentsClose CommentsPermalink
(1) DISTRIBUTIONS BY SECRETARY- The Secretary shall make and distribute the allocations described in subsection (a) not later than 30 days after an appropriation of funds for this title is made.CommentsClose CommentsPermalink
SEC. 203. ALLOWABLE USES OF FUNDS.
A local educational agency receiving a grant under this title shall use the grant for one or more of the activities described in section 103, except that an agency receiving a grant under this title also may use such grant for such activities for the construction of new public school facilities.CommentsClose CommentsPermalink
TITLE III--GENERAL PROVISIONSCommentsClose CommentsPermalink
SEC. 301. IMPERMISSIBLE USES OF FUNDS.
SEC. 302. SUPPLEMENT, NOT SUPPLANT.
A local educational agency receiving a grant under this Act shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, repair, and construction of public school facilities.CommentsClose CommentsPermalink
SEC. 302A. PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this Act in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children.CommentsClose CommentsPermalink
SEC. 303. 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 aggregate 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 expenditures for the second preceding fiscal year.CommentsClose CommentsPermalink
(1) IN GENERAL- The State educational agency shall reduce the amount of a local educational agency'’s grant in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency).CommentsClose CommentsPermalink
SEC. 304. SPECIAL RULE ON CONTRACTING.
Each local educational agency receiving a grant under this Act shall ensure that, if the agency carries out modernization, 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 businesses, through full and open competition.CommentsClose CommentsPermalink
SEC. 305. SPECIAL RULE ON USE OF IRON AND STEEL PRODUCED IN THE UNITED STATES.
(a) In General- A local educational agency shall not obligate or expend funds received under this Act for a project for the modernization, renovation, or repair of public school facility unless all of the iron and steel used in such project is produced in the United States.CommentsClose CommentsPermalink
SEC. 306. APPLICATION OF GEPA.
The grant programs under this Act are applicable programs (as that term is defined in section 400 of the General Education Provisions Act (
SEC. 307. GREEN SCHOOLS.
(a) In General- In a given fiscal year, a local educational agency shall use not less than the applicable percentage of funds received under this Act described in subsection (b) for public school modernization, renovation, repairs, or construction that are certified, verified, or consistent with any applicable provisions of--CommentsClose CommentsPermalink
(c) Technical Assistance- The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and school districts concerning the best practices in school modernization, renovation, repair, and construction, including those related to student academic achievement and student and staff health, energy efficiency, and environmental protection.CommentsClose CommentsPermalink
SEC. 308. 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--CommentsClose CommentsPermalink
(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, repair, or construction of charter schools;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) the number of public schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 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;CommentsClose CommentsPermalink
(B) the standard described in section 307(a) with which the use of the funds complied or if the use of funds did not comply with a standard described in section 307(a), the reason such funds were not able to be used in compliance with such standards and the agency'’s efforts to use such funds in an environmentally sound manner;CommentsClose CommentsPermalink
(D) any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, improved climate for teaching and learning, etc.); andCommentsClose CommentsPermalink
(c) Reports by Secretary- Not later than December 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, Education, Labor, and Pensions of the Senate a report on grants made under this Act, including the information described in subsection (b)(1), the types of modernization, renovation, repair, and construction funded, and the number of students impacted, including the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a) Title I- To carry out title I, there are authorized to be appropriated $6,400,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2013.CommentsClose CommentsPermalink
SEC. 310. SPECIAL RULES.
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