S 263 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 263CommentsClose CommentsPermalink

To provide for child safety, care, and education continuity in the event of a presidentially declared disaster.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 3, 2011CommentsClose CommentsPermalink

Ms. LANDRIEU (for herself, Mr. ALEXANDER, and Mr. COCHRAN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for child safety, care, and education continuity in the event of a presidentially declared disaster.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Child Safety, Care, and Education Continuity Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Trigger.CommentsClose CommentsPermalink





Sec. 5. Waivers or modifications applicable to titles I, II, and III.CommentsClose CommentsPermalink

TITLE I--KINDERGARTEN THROUGH GRADE 12 STUDENTS AND SCHOOLS

Sec. 101. Immediate aid to restart school operations.CommentsClose CommentsPermalink





Sec. 102. Hold harmless for local educational agencies serving disaster areas.CommentsClose CommentsPermalink





Sec. 103. Teacher and paraprofessional reciprocity.CommentsClose CommentsPermalink





Sec. 104. Regulatory and financial relief.CommentsClose CommentsPermalink





Sec. 105. Temporary emergency impact aid for displaced students.CommentsClose CommentsPermalink





Sec. 106. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--HIGHER EDUCATION STUDENTS AND INSTITUTIONS

Sec. 201. General waivers and modifications.CommentsClose CommentsPermalink





Sec. 202. Teacher recruitment and retention.CommentsClose CommentsPermalink





Sec. 203. Authorized uses of TRIO, GEAR-UP, part A or B of title III, and other grants.CommentsClose CommentsPermalink





Sec. 204. Financial aid.CommentsClose CommentsPermalink





Sec. 205. Expanding information dissemination regarding eligibility for Federal Pell Grants.CommentsClose CommentsPermalink





Sec. 206. Procedures.CommentsClose CommentsPermalink





Sec. 207. Definitions.CommentsClose CommentsPermalink

TITLE III--PREKINDERGARTEN STUDENTS, SCHOOLS, AND CHILD CARE CENTERS

Sec. 301. Agreements to extend certain deadlines of the Individuals with Disabilities Education Act to facilitate the provision of educational services to children with disabilities.CommentsClose CommentsPermalink





Sec. 302. Head Start and Child Care and Development Block Grant.CommentsClose CommentsPermalink





Sec. 303. Definitions.CommentsClose CommentsPermalink

TITLE IV--EMERGENCY PLANNING FOR CHILD CARE CENTERS

Sec. 401. Disaster plans.CommentsClose CommentsPermalink





Sec. 402. Addressing child care services and facilities.CommentsClose CommentsPermalink

TITLE V--HEALTH CARE SERVICES FOR CHILDREN

Sec. 501. Medicaid and CHIP disaster guidance.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

(a) ESEA Definitions- The terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(b) Additional Definitions- In this Act:CommentsClose CommentsPermalink





(1) DISASTER AREA- The term ‘disaster area’ means the area for which the President has declared a major disaster, during the period of the declaration.CommentsClose CommentsPermalink





(2) CATASTROPHIC INCIDENT- The term ‘catastrophic incident’ has the meaning given the term under section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).CommentsClose CommentsPermalink





(3) IMPACTED SCHOOL YEAR- The term ‘impacted school year’ means the school year in which a presidentially declared disaster occurs.CommentsClose CommentsPermalink





(4) MAJOR DISASTER- The term ‘major disaster’ has the meaning given the term under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).CommentsClose CommentsPermalink





(5) NONPUBLIC SCHOOL- The term ‘nonpublic school’ means a nonpublic school that--CommentsClose CommentsPermalink





(A) provides elementary or secondary education, as determined under State law;CommentsClose CommentsPermalink





(B) is accredited, is licensed, or otherwise operates in accordance with State law; andCommentsClose CommentsPermalink





(C) was in existence prior to the date upon which a presidentially declared disaster has occurred.CommentsClose CommentsPermalink





(6) PRESIDENTIALLY DECLARED DISASTER- The term ‘presidentially declared disaster’ means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).CommentsClose CommentsPermalink





(7) SECRETARY- The term ‘Secretary’, unless otherwise specified, means the Secretary of Education.CommentsClose CommentsPermalink

SEC. 4. TRIGGER.

(a) Mandatory Activation- Notwithstanding any other provision of this Act, the Secretary shall carry out a program or activity under title I, II, or III, and the Secretary of Health and Human Services shall carry out a program or activity under title III, in a State if--CommentsClose CommentsPermalink





(1) 10 percent of the students enrolled in public or private elementary schools or secondary schools in the State are displaced from their schools for more than 60 days by a presidentially declared disaster;CommentsClose CommentsPermalink





(2) the Secretary or the Secretary of Health and Human Services, respectively, elects to carry out the program or activity; andCommentsClose CommentsPermalink





(3) the Governor or chief executive officer of the State requests that the Secretary or the Secretary of Health and Human Services, respectively, carry out the program or activity.CommentsClose CommentsPermalink





(b) Discretionary Activation- The Secretary may carry out a program or activity under title I, II, or III, and the Secretary of Health and Human Services may carry out a program or activity under title III, in a State experiencing a catastrophic incident affecting students enrolled in a public or private elementary school or secondary school in the State if--CommentsClose CommentsPermalink





(1) the Secretary or the Secretary of Health and Human Services, respectively, determines that such program or activity is necessary; andCommentsClose CommentsPermalink





(2) the Governor or chief executive officer of the State requests that the Secretary or the Secretary of Health and Human Services, respectively, carry out the program or activity.CommentsClose CommentsPermalink

SEC. 5. WAIVERS OR MODIFICATIONS APPLICABLE TO TITLES I, II, AND III.

Notwithstanding any other provision of law, the Secretary may waive or modify any requirement of Federal law or regulation administered by the Secretary, other than a law or regulation regarding civil rights or safety, that the Secretary determines is necessary in order to provide assistance under titles I, II, and III, whether with funds appropriated under this Act or otherwise, as efficiently and expeditiously as possible, to individuals or entities affected directly or indirectly by a presidentially declared disaster.CommentsClose CommentsPermalink

TITLE I--KINDERGARTEN THROUGH GRADE 12 STUDENTS AND SCHOOLSCommentsClose CommentsPermalink

SEC. 101. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

(a) Purpose- It is the purpose of this section--CommentsClose CommentsPermalink





(1) to provide immediate and direct assistance to local educational agencies and nonpublic schools that serve a disaster area in which a presidentially declared disaster has been declared;CommentsClose CommentsPermalink





(2) to assist school district administrators, and personnel of such local educational agencies or nonpublic schools, who are working to restart operations in schools that provide elementary or secondary education and are served by such local educational agencies and in nonpublic schools, respectively; andCommentsClose CommentsPermalink





(3) to facilitate the reopening of schools that provide elementary and secondary education and are served by such local educational agencies and of nonpublic schools, and to facilitate the reenrollment of students in such schools as soon as possible.CommentsClose CommentsPermalink





(b) Grants and Subgrants Authorized- From amounts appropriated under section 106, the Secretary is authorized to award grants to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies or nonpublic schools serving disaster areas in which a presidentially declared disaster has been declared to enable such local educational agencies and nonpublic schools, respectively, to provide educational services or assistance described in subsection (e).CommentsClose CommentsPermalink





(c) Subgrant Funding Considerations; Equity-CommentsClose CommentsPermalink





(1) SUBGRANT FUNDING CONSIDERATIONS- In determining whether to award a subgrant under this section, or the amount of the subgrant, the State educational agency shall consider the following:CommentsClose CommentsPermalink





(A) The number of school-aged children served by the local educational agency or nonpublic school in the academic year preceding the academic year for which the subgrant is awarded.CommentsClose CommentsPermalink





(B) The severity of the impact of the presidentially declared disaster on the local educational agency or nonpublic school and the extent of the needs in each local educational agency or nonpublic school that serves a disaster area in which a presidentially declared disaster has been declared.CommentsClose CommentsPermalink





(2) EQUITY- Educational services and assistance that are described in subsection (e) and provided for nonpublic school students under this section shall be equitable in comparison to the educational services and assistance provided for public school students under this section, and shall be provided in a timely manner.CommentsClose CommentsPermalink





(d) Applications- Each local educational agency or nonpublic school desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require to ensure expedited and timely payment to the local educational agency or nonpublic school.CommentsClose CommentsPermalink





(e) Uses of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- A local educational agency or nonpublic school receiving a subgrant under this section shall use the subgrant funds for--CommentsClose CommentsPermalink





(A) recovery of student and personnel data, and other electronic information;CommentsClose CommentsPermalink





(B) replacement of school district information systems, including hardware and software;CommentsClose CommentsPermalink





(C) financial operations;CommentsClose CommentsPermalink





(D) reasonable transportation costs;CommentsClose CommentsPermalink





(E) rental of mobile educational units and leasing of neutral sites or spaces;CommentsClose CommentsPermalink





(F) initial replacement of instructional materials and equipment, including textbooks;CommentsClose CommentsPermalink





(G) redeveloping instructional plans, including curriculum development;CommentsClose CommentsPermalink





(H) initiating and maintaining education and support services; andCommentsClose CommentsPermalink





(I) such other activities related to the purpose of this section that are approved by the Secretary.CommentsClose CommentsPermalink





(2) USE WITH OTHER AVAILABLE FUNDS- A local educational agency or nonpublic school receiving a subgrant under this section may use the subgrant funds in coordination with other Federal, State, or local funds available for the activities described in paragraph (1).CommentsClose CommentsPermalink





(3) PROHIBITIONS- Subgrant funds received under this section shall not be used for any of the following:CommentsClose CommentsPermalink





(A) Construction or major renovation of schools.CommentsClose CommentsPermalink





(B) Payments to school administrators or teachers who are not actively engaged in restarting or re-opening schools.CommentsClose CommentsPermalink





(4) SPECIAL RULE- Educational services or assistance provided under this section, including equipment and materials, shall be secular, neutral, and nonideological.CommentsClose CommentsPermalink





(f) Supplement Not Supplant-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2) and notwithstanding section 104, funds made available under this section shall be used to supplement, not supplant, any funds made available through the Federal Emergency Management Agency or through a State.CommentsClose CommentsPermalink





(2) EXCEPTION- Paragraph (1) shall not prohibit the provision of Federal assistance under this section to a State educational agency, local educational agency, or nonpublic school that is or may be entitled to receive, from another source, benefits for the same purposes as under this section, if--CommentsClose CommentsPermalink





(A) such State educational agency, local educational agency, or nonpublic school has not received such other benefits by the time of application for Federal assistance under this section; andCommentsClose CommentsPermalink





(B) such State educational agency, local educational agency, or nonpublic school agrees to repay all duplicative Federal assistance received to carry out the purposes of this section.CommentsClose CommentsPermalink





(g) Assistance to Nonpublic Schools-CommentsClose CommentsPermalink





(1) FUNDS AVAILABILITY- From the grant funds provided by the Secretary under subsection (b) to a State educational agency, the State educational agency shall reserve an amount of the grant funds, to be made available to nonpublic schools in the State, that is not less than an amount that bears the same relation to the grant funds as the number of nonpublic schools providing elementary and secondary education in the State bears to the total number of nonpublic schools and public elementary schools and secondary schools in the State. The number of such schools shall be determined by the National Center for Education Statistics Common Core of Data for the year preceding the year for which the presidentially declared disaster has occurred. Such funds shall be used for the provision of educational services or assistance at nonpublic schools, except as provided in paragraph (2).CommentsClose CommentsPermalink





(2) SPECIAL RULE- If the reserved funds described in paragraph (1) remain unobligated 120 days after the date that grant funds under subsection (b) are made available to a State educational agency, such reserved funds may be used to provide educational services or assistance under this section to other local educational agencies or nonpublic schools serving disaster areas in which a presidentially declared disaster has been declared.CommentsClose CommentsPermalink





(3) PUBLIC CONTROL OF FUNDS- The control of funds for the educational services and assistance provided to a nonpublic 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 and shall provide such services (or may contract for the provision of such services with a public or private entity).CommentsClose CommentsPermalink

SEC. 102. HOLD HARMLESS FOR LOCAL EDUCATIONAL AGENCIES SERVING DISASTER AREAS.

Notwithstanding any other provision of law, in the case of a local educational agency that serves a disaster area in which the President has declared that a presidentially declared disaster exists, the Secretary shall ensure that the amount made available for such local educational agency under each of sections 1124, 1124A, 1125, and 1125A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for the second fiscal year following the fiscal year in which the presidentially declared disaster is declared shall be not less than the amount made available for such local educational agency under each of such sections for the fiscal year in which the presidentially declared disaster is declared.CommentsClose CommentsPermalink

SEC. 103. TEACHER AND PARAPROFESSIONAL RECIPROCITY.

(a) Affected Teacher Reciprocity-CommentsClose CommentsPermalink





(1) DEFINITION OF AFFECTED TEACHER- In this subsection, the term ‘affected teacher’ means a teacher who is displaced due to a presidentially declared disaster and relocates to a State that is different from the State in which such teacher resided or worked on the date of the occurrence of the presidentially declared disaster.CommentsClose CommentsPermalink





(2) RECIPROCITY- A local educational agency may consider an affected teacher hired by such local educational agency who is not highly qualified in the State in which such agency is located to be highly qualified, for purposes of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) and section 612(a)(14) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)), respectively, for the school year in which the presidentially declared disaster has occurred and through the succeeding school year, if such affected teacher was highly qualified, consistent with section 9101(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)) and section 602(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(10)), respectively, on the date of the occurrence of a presidentially declared disaster, in the State in which such teacher resided or worked on the date of the occurrence of a presidentially declared disaster.CommentsClose CommentsPermalink





(b) Affected Paraprofessional Reciprocity-CommentsClose CommentsPermalink





(1) DEFINITION OF AFFECTED PARAPROFESSIONAL- In this subsection, the term ‘affected paraprofessional’ means a paraprofessional who is displaced due to a presidentially declared disaster and relocates to a State that is different from the State in which such paraprofessional resided or worked on the date of the occurrence of the presidentially declared disaster.CommentsClose CommentsPermalink





(2) RECIPROCITY- A local educational agency may consider an affected paraprofessional hired by such local educational agency who does not satisfy the requirements of section 1119(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319(c)) in the State in which such agency is located to satisfy such requirements, for purposes of such section, for the school year in which the presidentially declared disaster has occurred and through the succeeding school year, if such affected paraprofessional satisfied such requirements on the date of the occurrence of a presidentially declared disaster, in the State in which such paraprofessional resided or worked on the date of the occurrence of a presidentially declared disaster.CommentsClose CommentsPermalink

SEC. 104. REGULATORY AND FINANCIAL RELIEF.

(a) Waiver Authority- Notwithstanding any other provision of law and subject to subsections (b) and (c), in providing any grant or other assistance, directly or indirectly, to an entity in a State affected by a presidentially declared disaster, the Secretary may, as applicable, waive or modify, in order to ease fiscal burdens, any requirement of Federal law relating to the following:CommentsClose CommentsPermalink





(1) Maintenance of effort.CommentsClose CommentsPermalink





(2) The use of Federal funds to supplement, not supplant, non-Federal funds.CommentsClose CommentsPermalink





(3) Any non-Federal share or capital contribution required to match Federal funds provided under programs administered by the Secretary.CommentsClose CommentsPermalink





(b) Duration- A waiver under this section shall be for the impacted school year.CommentsClose CommentsPermalink





(c) Limitations-CommentsClose CommentsPermalink





(1) RELATION TO IDEA- Nothing in this section shall be construed to waive or modify any provision of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).CommentsClose CommentsPermalink





(2) MAINTENANCE OF EFFORT- If the Secretary grants a waiver or modification under this section waiving or modifying a requirement relating to maintenance of effort for an impacted fiscal year, the level of effort required for the school year following the impacted school year shall not be reduced because of the waiver or modification.CommentsClose CommentsPermalink

SEC. 105. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) DISPLACED STUDENT- The term ‘displaced student’ means a student--CommentsClose CommentsPermalink





(A)(i) who attended a school in an area impacted by a presidentially declared disaster; orCommentsClose CommentsPermalink





(ii) whose parent resided or worked in an area impacted by a presidentially declared disaster; andCommentsClose CommentsPermalink





(B) who enrolled in another school as a result of a presidentially declared disaster.CommentsClose CommentsPermalink





(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES- The term ‘eligible local educational agency’ means a local educational agency that serves--CommentsClose CommentsPermalink





(A) an elementary school or secondary school (including a public charter school) in which there is enrolled a displaced student; orCommentsClose CommentsPermalink





(B) an area in which there is located a nonpublic school.CommentsClose CommentsPermalink





(3) ELIGIBLE BIE-FUNDED SCHOOL- The term ‘eligible BIE-funded school’ means a school funded by the Bureau of Indian Education in which there is enrolled a displaced student.CommentsClose CommentsPermalink





(b) Temporary Emergency Impact Aid Authorized-CommentsClose CommentsPermalink





(1) AID TO STATE EDUCATIONAL AGENCIES- From amounts appropriated under section 106, the Secretary shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIE-funded schools to enable--CommentsClose CommentsPermalink





(A) such eligible local educational agencies and eligible BIE-funded schools to provide for the instruction of displaced students served by such eligible local educational agencies and eligible BIE-funded schools; andCommentsClose CommentsPermalink





(B) such eligible local educational agencies to make immediate impact aid payments to accounts established on behalf of displaced students (referred to in this section as ‘accounts’) who are attending nonpublic schools located in the areas served by the eligible local educational agencies.CommentsClose CommentsPermalink





(2) AID TO LOCAL EDUCATIONAL AGENCIES AND BIE-FUNDED SCHOOLS- A State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIE-funded schools in accordance with subsection (d).CommentsClose CommentsPermalink





(3) STATE EDUCATIONAL AGENCIES IN CERTAIN STATES- The State educational agency shall carry out the activities of eligible local educational agencies that are unable to carry out this section, including eligible local educational agencies in a State for which the State exercises the authorities normally exercised by such local educational agencies.CommentsClose CommentsPermalink





(4) NOTICE OF FUNDS AVAILABILITY- Not later than 14 calendar days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice of the availability of funds under this section.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) STATE EDUCATIONAL AGENCY- A State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including--CommentsClose CommentsPermalink





(A) information on the total displaced student count of the State provided by eligible local educational agencies in the State and eligible BIE-funded schools in the State under paragraph (2);CommentsClose CommentsPermalink





(B) a description of the process for the parent or guardian of a displaced student enrolled in a nonpublic school to indicate to the eligible local educational agency serving the area in which the nonpublic school is located that the student is enrolled in the nonpublic school;CommentsClose CommentsPermalink





(C) a description of the procedure to be used by an eligible local educational agency in such State to provide payments to accounts;CommentsClose CommentsPermalink





(D) a description of the process to be used by an eligible local educational agency in such State to obtain--CommentsClose CommentsPermalink





(i) attestations of attendance of displaced students from nonpublic schools, in order for the local educational agency to provide payments to accounts on behalf of displaced students; andCommentsClose CommentsPermalink





(ii) attestations from nonpublic schools that accounts are used only for the purposes described in subsection (e)(2)(A);CommentsClose CommentsPermalink





(E) the criteria, including family income, used to determine the eligibility for and the amount of assistance under this section provided on behalf of a displaced student attending a nonpublic school; andCommentsClose CommentsPermalink





(F) the number of displaced students who attend nonpublic schools in the State.CommentsClose CommentsPermalink





(2) LOCAL EDUCATIONAL AGENCIES AND BIE-FUNDED SCHOOLS- An eligible local educational agency or eligible BIE-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the impacted school year that indicates the following:CommentsClose CommentsPermalink





(A) ELIGIBLE LOCAL EDUCATIONAL AGENCIES- In the case of an eligible local educational agency--CommentsClose CommentsPermalink





(i) the number of displaced students enrolled in the elementary schools and secondary schools (including public charter schools and including the number of displaced students who are identified as eligible for and receive services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.)) served by such eligible local educational agency for such quarter;CommentsClose CommentsPermalink





(ii) the number of displaced students for whom the eligible local educational agency expects to provide payments to accounts under subsection (e)(2) (including the number of displaced students who are identified as eligible for and receive services under part B of the Individuals with Disabilities Education Act) for such quarter who meet the following criteria:CommentsClose CommentsPermalink





(I) The displaced student enrolled in a nonpublic school prior to the occurrence of a presidentially declared disaster.CommentsClose CommentsPermalink





(II) The parent or guardian of the displaced student chose to enroll the student in the nonpublic school in which the student is enrolled.CommentsClose CommentsPermalink





(III) The parent or guardian of the displaced student submitted an application requesting that the eligible local educational agency make a payment to an account on behalf of the student.CommentsClose CommentsPermalink





(IV) The displaced student’s tuition and fees (and transportation expenses, if any) for the impacted school year is waived or reimbursed (by the nonpublic school) in an amount that is not less than the amount of emergency impact aid payment provided on behalf of such student under this section; andCommentsClose CommentsPermalink





(iii) an assurance that the eligible local educational agency will make payments to accounts described in subsection (e)(2) not later than 14 calendar days after receipt of an emergency impact aid payment provided under this section.CommentsClose CommentsPermalink





(B) ELIGIBLE BIE-FUNDED SCHOOLS- In the case of an eligible BIE-funded school, the number of displaced students, including the number of displaced students who are identified as eligible for and receive services under part B of the Individuals with Disabilities Education Act, enrolled in the eligible BIE-funded school for such quarter.CommentsClose CommentsPermalink





(3) DETERMINATION OF NUMBER OF DISPLACED STUDENTS- In determining the number of displaced students for a quarter under paragraph (2), an eligible local educational agency or eligible BIE-funded school shall include in such number the number of displaced students served during the quarter prior to the occurrence of a presidentially declared disaster.CommentsClose CommentsPermalink





(d) Amount and Duration of Emergency Impact Aid-CommentsClose CommentsPermalink





(1) AID TO STATE EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink





(A) IN GENERAL- The amount of emergency impact aid received by a State educational agency for the impacted school year shall equal the sum of--CommentsClose CommentsPermalink





(i) the number of displaced students (who are not identified as eligible for and do not receive services under part B of the Individuals with Disabilities Education Act), as determined by the eligible local educational agencies and eligible BIE-funded schools in the State under subsection (c)(2), multiplied by the average per-pupil expenditure in the State for the most recent fiscal year for which such information is available; andCommentsClose CommentsPermalink





(ii) the number of displaced students who are identified as eligible for and receive services under part B of the Individuals with Disabilities Education Act, as determined by the eligible local educational agencies and eligible BIE-funded schools in the State under subsection (c)(2), multiplied by 140 percent of the average per-pupil expenditure in the State for the most recent fiscal year for which such information is available.CommentsClose CommentsPermalink





(B) INSUFFICIENT FUNDS- If the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that a State educational agency is eligible to receive under this section, then the Secretary shall ratably reduce the amount of such emergency impact aid.CommentsClose CommentsPermalink





(2) AID TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES AND ELIGIBLE BIE-FUNDED SCHOOLS-CommentsClose CommentsPermalink





(A) QUARTERLY INSTALLMENTS-CommentsClose CommentsPermalink





(i) IN GENERAL- A State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the impacted school year by such dates as determined by the Secretary. Such quarterly installment payments shall be based on the number of displaced students reported under subsection (c)(2) and in the amount determined under clause (ii).CommentsClose CommentsPermalink





(ii) PAYMENT AMOUNT- Each quarterly installment payment under clause (i) shall equal 25 percent of the sum of--CommentsClose CommentsPermalink





(I) the number of displaced students (who are not identified as eligible for and do not receive services under part B of the Individuals with Disabilities Education Act) reported by the eligible local educational agency or eligible BIE funded school for such quarter (as determined under subsection (c)(2)), multiplied by the average per-pupil expenditure in the State for the most recent fiscal year for which such information is available; andCommentsClose CommentsPermalink





(II) the number of displaced students who are identified as eligible for and receive services under part B of the Individuals with Disabilities Education Act reported by the eligible local educational agency or eligible BIE-funded school for such quarter (as determined under subsection (c)(2)), multiplied by 140 percent of the average per-pupil expenditure in the State for the most recent fiscal year for which such information is available.CommentsClose CommentsPermalink





(iii) TIMELINE- The Secretary shall establish a timeline for quarterly reporting on the number of displaced students in order to make the appropriate disbursements in a timely manner.CommentsClose CommentsPermalink





(iv) INSUFFICIENT FUNDS- If, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIE-funded school is eligible to receive under this section, then the State educational agency shall ratably reduce the amount of such payments.CommentsClose CommentsPermalink





(B) MAXIMUM PAYMENT TO ACCOUNT- In providing quarterly payments to an account for the impacted school year on behalf of a displaced student for each quarter that such student is enrolled in a nonpublic school in the area served by an eligible local educational agency under subsection (e)(2), the eligible local educational agency may provide not more than 4 quarterly payments to such account, and the aggregate amount of such payments shall not exceed the lesser of--CommentsClose CommentsPermalink





(i)(I) in the case of a displaced student who is not identified as eligible for and does not receive services under part B of the Individuals with Disabilities Education Act, the average per-pupil expenditure in the State for the most recent fiscal year for which such information is available; orCommentsClose CommentsPermalink





(II) in the case of a displaced student who is identified as eligible for and receives services under part B of the Individuals with Disabilities Education Act, 140 percent of the average per-pupil expenditure in the State for the most recent fiscal year for which such information is available; andCommentsClose CommentsPermalink





(ii) the cost of tuition and fees (and transportation expenses, if any) at the nonpublic school for the impacted school year.CommentsClose CommentsPermalink





(3) DURATION EXTENSION- The Secretary may provide emergency impact aid under this section, in whole or in part, for 1 school year subsequent to the impacted school year if the President determines such provision of assistance is appropriate, subject to the availability of appropriations.CommentsClose CommentsPermalink





(e) Use of Funds-CommentsClose CommentsPermalink





(1) DISPLACED STUDENTS IN PUBLIC SCHOOLS- An eligible local educational agency or eligible BIE-funded school receiving emergency impact aid payments under this section shall use the payments to provide instructional opportunities for displaced students who enroll in elementary schools and secondary schools (including public charter schools) served by the eligible local educational agency or enroll in the eligible BIE-funded school, respectively, and for other expenses incurred as a result of the eligible local educational agency or eligible BIE-funded school serving displaced students, which uses may include the activities and services described in paragraph (3).CommentsClose CommentsPermalink





(2) DISPLACED STUDENTS IN NONPUBLIC SCHOOLS-CommentsClose CommentsPermalink





(A) IN GENERAL- An eligible local educational agency that receives emergency impact aid payments under this section and that serves an area in which there is located a nonpublic school shall, at the request of the parent or guardian of a displaced student who meets the criteria described in subsection (c)(2)(A)(ii) and who enrolled in a nonpublic school (including a nonpublic charter school) in an area served by the eligible local educational agency, use such emergency impact aid payment to provide payment on a quarterly basis (but not to exceed the total amount specified in subsection (d)(2)(B) for the impacted school year) to an account on behalf of such displaced student, which payment shall be used to assist in paying for 1 or more of the activities and services described in paragraph (3).CommentsClose CommentsPermalink





(B) FUNDING PROHIBITION REGARDING RELIGIOUS INSTRUCTION, PROSELYTIZATION, OR WORSHIP- Payments under subparagraph (A) shall not be used for religious instruction, proselytization, or worship.CommentsClose CommentsPermalink





(C) SECULAR, NEUTRAL, AND NONIDEOLOGICAL ACTIVITIES AND SERVICES- The activities and services provided under this paragraph and described in paragraph (3) shall be secular, neutral, and nonideological.CommentsClose CommentsPermalink





(D) VERIFICATION OF ENROLLMENT- Before providing a quarterly payment to an account under subparagraph (A), the eligible local educational agency shall verify with the parent or guardian of a displaced student that such displaced student is enrolled in the nonpublic school.CommentsClose CommentsPermalink





(3) ACTIVITIES AND SERVICES- The activities and services referred to in paragraphs (1) and (2) are as follows:CommentsClose CommentsPermalink





(A) Paying the compensation of personnel, including teacher aides, in schools enrolling displaced students.CommentsClose CommentsPermalink





(B) Identifying and acquiring curricular material, including the costs of providing--CommentsClose CommentsPermalink





(i) additional classroom supplies; andCommentsClose CommentsPermalink





(ii) mobile educational units and leasing sites or spaces.CommentsClose CommentsPermalink





(C) Basic instructional services for such students, including tutoring, mentoring, or academic counseling.CommentsClose CommentsPermalink





(D) Reasonable transportation costs.CommentsClose CommentsPermalink





(E) Health services (including counseling and mental health services).CommentsClose CommentsPermalink





(F) Education and support services.CommentsClose CommentsPermalink





(4) PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES-CommentsClose CommentsPermalink





(A) IN GENERAL- In the case of a displaced student who is eligible for and receives services under part B of the Individuals with Disabilities Education Act, any payment made on behalf of such student to an eligible local educational agency or any payment available in an account for such student, shall be used to pay the cost of providing the student with special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).CommentsClose CommentsPermalink





(B) SPECIAL RULE-CommentsClose CommentsPermalink





(i) RETENTION- Notwithstanding any other provision of this section, if an eligible local educational agency provides services to a displaced student attending a nonpublic school under section 612(a)(10) of the Individuals with Disabilities Education Act, then the eligible local educational agency may retain a portion of the assistance received under this section for such student to pay the cost of providing such services.CommentsClose CommentsPermalink





(ii) DETERMINATION OF PORTION-CommentsClose CommentsPermalink





(I) GUIDELINES- Each State shall issue guidelines that specify the portion of the assistance that an eligible local educational agency in the State may retain under this subparagraph. Each State shall apply such guidelines in a consistent manner throughout the State.CommentsClose CommentsPermalink





(II) DETERMINATION OF PORTION- The portion specified in the guidelines shall be based on customary costs of providing services under such section 612(a)(10) for the eligible local educational agency.CommentsClose CommentsPermalink





(C) DEFINITION OF SPECIAL EDUCATION; RELATED SERVICES- The terms ‘special education’ and ‘related services’ have the meanings given the terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).CommentsClose CommentsPermalink





(5) CONSTRUCTION AND MAJOR RENOVATION PROHIBITION- Funds made available under this section shall neither be used for construction nor for major renovation of a school.CommentsClose CommentsPermalink





(f) Return of Aid-CommentsClose CommentsPermalink





(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR ELIGIBLE BIE-FUNDED SCHOOL- An eligible local educational agency or eligible BIE-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment or portion of a payment provided to the eligible local educational agency or eligible BIE-funded school, respectively, under this section that the eligible local educational agency or school, respectively, has not obligated by the end of the impacted school year in accordance with this section.CommentsClose CommentsPermalink





(2) STATE EDUCATIONAL AGENCY- A State educational agency that receives emergency impact aid under this section shall return to the Secretary--CommentsClose CommentsPermalink





(A) any aid provided to the State educational agency under this section that the State educational agency has not obligated by the end of the impacted school year in accordance with this section; andCommentsClose CommentsPermalink





(B) any payment or portion of a payment returned to the State educational agency under paragraph (1).CommentsClose CommentsPermalink





(g) Limitation on Use of Aid and Payments- Except as provided in subsection (d)(3), aid and payments provided under this section shall only be used for expenses incurred during the impacted school year.CommentsClose CommentsPermalink





(h) Administrative Expenses- A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIE-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses.CommentsClose CommentsPermalink





(i) Special Funding Rule- In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary shall not count displaced students served by such eligible local educational agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such eligible local educational agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)).CommentsClose CommentsPermalink





(j) Notice of Option of Public School or Nonpublic School Enrollment- Each State receiving emergency impact aid under this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section to an account who resides in such State, notification that--CommentsClose CommentsPermalink





(1) such parent or guardian has the option of enrolling such student in a public school or a nonpublic school; andCommentsClose CommentsPermalink





(2) the temporary emergency impact aid for displaced students provided under this section is temporary and is only available for the impacted school year, except as provided in subsection (d)(3).CommentsClose CommentsPermalink





(k) Bypass- For a State in which State law prohibits the State from using Federal funds to directly provide services on behalf of students attending nonpublic schools and provides that another entity shall provide such services, the Secretary shall make such arrangements with that entity as the Secretary determines appropriate to carry out this section on behalf of such students.CommentsClose CommentsPermalink





(l) Redirection of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- If a State educational agency or eligible local educational agency is unable to carry out this section, the Secretary shall make such arrangements with the State as the Secretary determines appropriate to carry out this section on behalf of displaced students attending a nonpublic school in the area served by such agency.CommentsClose CommentsPermalink





(2) SPECIAL RULE- If an eligible local educational agency fails to make a payment to an account described under subsection (e)(2) not later than 14 calendar days after receipt of an emergency impact aid payment provided under this section, then--CommentsClose CommentsPermalink





(A) the eligible local educational agency shall return the funds received that quarter for such account to the State educational agency; andCommentsClose CommentsPermalink





(B) the State educational agency shall ensure that the proper payment to such account for such quarter is made not later than 14 calendar days after the date of the receipt of funds under subparagraph (A), before any further funds for such account are distributed to the eligible local educational agency.CommentsClose CommentsPermalink





(m) Nondiscrimination-CommentsClose CommentsPermalink





(1) IN GENERAL- A school that enrolls a displaced student under this section shall not discriminate against students on the basis of race, color, national origin, religion, disability, or sex.CommentsClose CommentsPermalink





(2) APPLICABILITY AND SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES-CommentsClose CommentsPermalink





(A) IN GENERAL- To the extent consistent with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the prohibition of sex discrimination in paragraph (1) shall not apply to a nonpublic school that is controlled by a religious organization if the application of paragraph (1) would not be consistent with the religious tenets of such organization.CommentsClose CommentsPermalink





(B) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES- Notwithstanding paragraph (1) and to the extent consistent with title IX of the Education Amendments of 1972, a parent or guardian may choose and a nonpublic school may offer a single sex school, class, or activity.CommentsClose CommentsPermalink





(C) ENROLLMENT- The prohibition of religious discrimination in paragraph (1) shall not apply with regard to enrollment for a nonpublic school that is controlled by a religious organization or organized and operated on the basis of religious tenets, except that the prohibition of religious discrimination shall apply with respect to the enrollment of displaced students assisted under this section.CommentsClose CommentsPermalink





(3) GENERAL PROVISION- Nothing in this section shall be construed to alter or modify the provisions of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972, and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).CommentsClose CommentsPermalink





(4) ELECTION- A displaced student assisted under this section who is enrolled in a nonpublic school shall not participate in religious worship or religious classes at such school unless such student’s parent or guardian elects to have such student participate in such religious worship or religious classes.CommentsClose CommentsPermalink





(n) Treatment of Payment- The amount of any payment (or other form of support provided on behalf of a displaced student) under this section shall not be treated as income of a parent or guardian of the student for purposes of Federal tax laws or for determining eligibility for any other Federal program.CommentsClose CommentsPermalink





(o) Treatment of State Aid- A State shall not take into consideration emergency impact aid payments received under this section by an eligible local educational agency in the State in determining the eligibility of such eligible local educational agency for State aid, or the amount of State aid, with respect to free public education of children.CommentsClose CommentsPermalink





(p) Coordination- The Secretary shall coordinate with the Administrator of the Federal Emergency Management Agency to help ensure that States and local educational agencies are aware of the displaced students under their jurisdiction so that the educational needs of the displaced students are met.CommentsClose CommentsPermalink





(q) Report- The Secretary shall report to Congress on the activities carried out under this section not later than 1 year after the provision of assistance under this section, including reporting the number of displaced students who are served under this section.CommentsClose CommentsPermalink

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out sections 101 and 105.CommentsClose CommentsPermalink

TITLE II--HIGHER EDUCATION STUDENTS AND INSTITUTIONSCommentsClose CommentsPermalink

SEC. 201. GENERAL WAIVERS AND MODIFICATIONS.

(a) Authority- Notwithstanding any other provision of law, unless enacted with specific reference to this section, the Secretary is authorized to waive or modify any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), or any student or institutional eligibility provisions in the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as the Secretary determines necessary for a disaster area in which a presidentially declared disaster has been declared to ensure that--CommentsClose CommentsPermalink





(1) administrative requirements placed on affected students, affected individuals, affected institutions, lenders, guaranty agencies, and grantees are minimized to the extent possible without impairing the integrity of the higher education programs under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), to ease the burden on such participants; orCommentsClose CommentsPermalink





(2) institutions of higher education, lenders, guaranty agencies, and other entities participating in the student financial assistance programs under title IV of the Higher Education Act of 1965, that serve a disaster area in which a presidentially declared disaster has been declared may be granted temporary relief from requirements that are rendered infeasible or unreasonable due to the effects of a presidentially declared disaster, including due diligence requirements and reporting deadlines.CommentsClose CommentsPermalink





(b) Authority To Extend or Waive Reporting Requirements Under Section 131(a)- The Secretary is authorized to extend reporting deadlines or waive reporting requirements under section 131(a) of the Higher Education Act of 1965 (20 U.S.C. 1015(a)) for an affected institution.CommentsClose CommentsPermalink





(c) Rule of Construction- Nothing in this title shall be construed--CommentsClose CommentsPermalink





(1) to allow the Secretary to waive or modify any applicable statutory or regulatory requirements prohibiting discrimination in a program or activity, or in employment or contracting, under existing law (in existence on the date of the Secretary’s action); orCommentsClose CommentsPermalink





(2) to authorize any refunding of any repayment of a loan.CommentsClose CommentsPermalink

SEC. 202. TEACHER RECRUITMENT AND RETENTION.

The Secretary is authorized to approve modifications to the requirements for Teacher Quality Partnership Grants under part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.), at the request of the grantee--CommentsClose CommentsPermalink





(1) to assist States and local educational agencies to recruit and retain highly qualified teachers in a school district located in a disaster area in which a presidentially declared disaster has been declared; andCommentsClose CommentsPermalink





(2) to assist institutions of higher education, located in such area, to recruit and retain faculty necessary to prepare teachers and provide professional development.CommentsClose CommentsPermalink

SEC. 203. AUTHORIZED USES OF TRIO, GEAR-UP, PART A OR B OF TITLE III, AND OTHER GRANTS.

(a) Modifications of Allowable Use of Funds- The Secretary is authorized to modify the required and allowable uses of funds under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq., 1070a-21 et seq.), under part A or B of title III of such Act (20 U.S.C. 1057 et seq., 1060 et seq.), and under any other competitive grant program, at the request of an affected institution or other grantee, with respect to affected institutions and other grantees located in a disaster area in which a presidentially declared disaster has been declared.CommentsClose CommentsPermalink





(b) Prohibition Against New Authorization of Construction, Renovation, or Improvement of Facilities- The Secretary may not, under the authority of this section, authorize any new construction, renovation, or improvement of classrooms, libraries, laboratories, or other instructional facilities that is not authorized under the institution’s grant award under part A or B of title III, or under part A or B of title V, of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq., 1060 et seq., 1101 et seq., 1102 et seq.).CommentsClose CommentsPermalink

SEC. 204. FINANCIAL AID.

(a) In General- The Secretary may authorize financial aid administrators to make an adjustment, in accordance with section 479A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087tt(a)), with respect to the calculation of the expected student or parent contribution for an affected student, or for a student or a parent who--CommentsClose CommentsPermalink





(1) resides or is employed in a disaster area in which a presidentially declared disaster has been declared; orCommentsClose CommentsPermalink





(2) resided or was employed in a disaster area in which a presidentially declared disaster was declared on the date of the occurrence of the presidentially declared disaster.CommentsClose CommentsPermalink





(b) Adequate Documentation- A financial aid administrator shall adequately document the need for the adjustment.CommentsClose CommentsPermalink

SEC. 205. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR FEDERAL PELL GRANTS.

(a) In General- The Secretary shall make special efforts, in conjunction with State efforts, to notify affected students and, if applicable, their parents or guardians who qualify for means-tested Federal benefit programs, of their potential eligibility for a maximum Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), and shall disseminate such informational materials as the Secretary determines appropriate.CommentsClose CommentsPermalink





(b) Means-Tested Federal Benefit Program- For the purpose of this section, the term ‘means-tested Federal benefit program’ means a mandatory spending program of the Federal Government, other than a program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), and other programs identified by the Secretary.CommentsClose CommentsPermalink

SEC. 206. PROCEDURES.

(a) Regulatory Requirements Inapplicable- Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a), section 437 of the General Education Provisions Act (20 U.S.C. 1232), and section 553 of title 5, United States Code, shall not apply to this title.CommentsClose CommentsPermalink





(b) Notice of Waivers, Modifications, or Extensions- Notwithstanding section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, the Secretary shall make publicly available the waivers, modifications, or extensions granted under this title.CommentsClose CommentsPermalink





(c) Case-by-Case Basis- The Secretary is not required to exercise any waiver or modification authority under this title on a case-by-case basis.CommentsClose CommentsPermalink





(d) Report- The Secretary shall, not later than 1 year after granting any waiver or modification authorized under this section, submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives describing the waivers or modifications granted.CommentsClose CommentsPermalink

SEC. 207. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) AFFECTED INDIVIDUAL- The term ‘affected individual’ means an individual who has applied for or received student financial assistance under title IV of the Higher Education Act of 1965, and--CommentsClose CommentsPermalink





(A) who is an affected student; orCommentsClose CommentsPermalink





(B) whose primary place of employment or residency is in a disaster area in which a presidentially declared disaster has been declared.CommentsClose CommentsPermalink





(2) AFFECTED INSTITUTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘affected institution’ means an institution of higher education that--CommentsClose CommentsPermalink





(i) is located in a disaster area in which a presidentially declared disaster has been declared; andCommentsClose CommentsPermalink





(ii) has temporarily ceased operations as a consequence of a presidentially declared disaster, as determined by the Secretary.CommentsClose CommentsPermalink





(B) LENGTH OF TIME- In determining eligibility for assistance under this title, the Secretary, using consistent, objective criteria, shall determine the time period for which an institution of higher education is an affected institution.CommentsClose CommentsPermalink





(C) SPECIAL RULE- An organizational unit of an affected institution that is not impacted by the disaster that is the subject of a presidentially declared disaster may not be considered as part of such affected institution for purposes of receiving assistance under this title.CommentsClose CommentsPermalink





(3) AFFECTED STUDENT- The term ‘affected student’ means an individual who was enrolled or accepted for enrollment at an affected institution on the date of the occurrence of the presidentially declared disaster affecting such institution.CommentsClose CommentsPermalink





(4) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’--CommentsClose CommentsPermalink





(A) has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); andCommentsClose CommentsPermalink





(B) means an institution described in subparagraph (A) or (B) of section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)(A), (B)).CommentsClose CommentsPermalink

TITLE III--PREKINDERGARTEN STUDENTS, SCHOOLS, AND CHILD CARE CENTERSCommentsClose CommentsPermalink

SEC. 301. AGREEMENTS TO EXTEND CERTAIN DEADLINES OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO FACILITATE THE PROVISION OF EDUCATIONAL SERVICES TO CHILDREN WITH DISABILITIES.

(a) Authority- The Secretary may enter into an agreement described in subsection (b) with an eligible entity to extend certain deadlines under the Individuals with Disabilities Education Act related to providing special education and related services, including early intervention services, to individuals adversely affected by a presidentially declared disaster.CommentsClose CommentsPermalink





(b) Terms of Agreements- An agreement referred to in subsection (a) is an agreement with an eligible entity made in accordance with subsection (e) that may extend the applicable deadlines under 1 or more of the following sections:CommentsClose CommentsPermalink





(1) Section 611(e)(3)(C)(ii) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(e)(3)(C)(ii)), by extending for not more than an additional 60 days, the 90 day deadline for developing a State plan for the high cost fund.CommentsClose CommentsPermalink





(2) Section 611(e)(3)(C)(iii) of such Act (20 U.S.C. 1411(e)(3)(C)(iii)), by extending for not more than an additional 60 days, the 30 day deadline for public availability of the final State plan.CommentsClose CommentsPermalink





(3) Section 612(a)(15)(C) of such Act (20 U.S.C. 1412(a)(15)(C)), by extending for not more than an additional 60 days, the deadline for submission of the annual report to the Secretary and the public regarding the progress of the State and of children with disabilities in the State toward meeting the performance goals established under section 612(a)(15)(A) of such Act (20 U.S.C. 1412(a)(15)(A)).CommentsClose CommentsPermalink





(4) Section 612(a)(16)(D) of such Act (20 U.S.C. 1412(a)(16)(D)), by extending for not more than an additional 60 days, the deadline for making available reports regarding the participation in assessments and the performance on such assessments of children with disabilities, but only if the eligible entity provides a justification for similarly extending the deadline for such reports concerning children without disabilities.CommentsClose CommentsPermalink





(5) Section 614(a)(1)(C)(i)(I) of such Act (20 U.S.C. 1414(a)(1)(C)(i)(I)), by extending for not more than an additional 30 days--CommentsClose CommentsPermalink





(A) the 60 day deadline for the initial evaluation to determine whether a child is a child with a disability for purposes of the provision of special education and related services to such child; orCommentsClose CommentsPermalink





(B) the State timeframe described in such section for such evaluation.CommentsClose CommentsPermalink





(6) Section 616(b)(2)(C)(ii)(II) of such Act (20 U.S.C. 1416(b)(2)(C)(ii)(II)), by extending for not more than an additional 60 days, the deadline for reporting to the Secretary on the performance of the State under the State’s performance plan.CommentsClose CommentsPermalink





(7) Section 641(e)(1)(D) of such Act (20 U.S.C. 1441(e)(1)(D)), by extending for not more than an additional 60 days, the deadline for submission to the Governor of a State and the Secretary of the report on the status of early intervention programs for infants and toddlers with disabilities and their families operated within the State.CommentsClose CommentsPermalink





(c) Rule of Construction- Nothing in this section shall be construed--CommentsClose CommentsPermalink





(1) as permitting the waiver of--CommentsClose CommentsPermalink





(A) any applicable Federal civil rights law;CommentsClose CommentsPermalink





(B) any student or family privacy protections, including provisions requiring parental consent for evaluations and services;CommentsClose CommentsPermalink





(C) any procedural safeguards required under section 615 or 639 of the Individuals with Disabilities Education Act (20 U.S.C. 1415, 1439); orCommentsClose CommentsPermalink





(D) any requirements not specified in subsection (b); orCommentsClose CommentsPermalink





(2) as removing the obligation of the eligible entity to provide a child with a disability or an infant or toddler with a disability and their families--CommentsClose CommentsPermalink





(A) a free appropriate public education under part B of the Individuals with Disabilities Education Act; orCommentsClose CommentsPermalink





(B) early intervention services under part C of such Act (20 U.S.C. 1431 et seq.).CommentsClose CommentsPermalink





(d) Duration of Agreement- An agreement under this section shall terminate at the conclusion of the impacted school year.CommentsClose CommentsPermalink





(e) Request To Enter Into Agreement- To enter into an agreement under this section, an eligible entity shall submit a request to the Secretary at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink

SEC. 302. HEAD START AND CHILD CARE AND DEVELOPMENT BLOCK GRANT.

(a) Head Start-CommentsClose CommentsPermalink





(1) TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES- From the amount made available for Head Start in this Act, the Secretary of Health and Human Services shall provide training and technical assistance, guidance, and resources through the appropriate regional offices of the Administration for Children and Families (and may provide training and technical assistance, guidance, and resources through other regional offices of the Administration, at the request of such offices that administer affected Head Start agencies and Early Head Start entities) to Head Start agencies and Early Head Start entities in disaster areas in which a presidentially declared disaster has been declared, and to affected Head Start agencies and Early Head Start entities, to assist the agencies and entities involved to address the mental and physical health needs of infants, toddlers, and young children affected by a presidentially declared disaster. Such training and technical assistance may be provided by contract or cooperative agreement with qualified national, regional, or local providers.CommentsClose CommentsPermalink





(2) WAIVER- For such period of not longer than 1 year after the date of the occurrence of a presidentially declared disaster, and to such extent as the Secretary considers appropriate, the Secretary of Health and Human Services--CommentsClose CommentsPermalink





(A) may waive section 640(b) of the Head Start Act (42 U.S.C. 9835(b)) for Head Start agencies located in a disaster area in which a presidentially declared disaster has been declared, and other affected Head Start agencies and Early Head Start entities; andCommentsClose CommentsPermalink





(B) shall waive requirements of documentation for individuals adversely affected by a presidentially declared disaster who participate in a Head Start program or an Early Head Start program funded under the Head Start Act (42 U.S.C. 9831 et seq.).CommentsClose CommentsPermalink





(b) Child Care and Development Block Grant-CommentsClose CommentsPermalink





(1) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990- For such period of not longer than 1 year after the date of the occurrence of a presidentially declared disaster, and to such extent as the Secretary considers to be appropriate, the Secretary of Health and Human Services may waive, for any affected State, and any State serving significant numbers of individuals adversely affected by a presidentially declared disaster, provisions of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)--CommentsClose CommentsPermalink





(A) relating to Federal income limitations on eligibility to receive child care services for which assistance is provided under such Act;CommentsClose CommentsPermalink





(B) relating to work requirements applicable to eligibility to receive child care services for which assistance is provided under such Act;CommentsClose CommentsPermalink





(C) relating to limitations on the use of funds under section 658G of such Act (42 U.S.C. 9858e);CommentsClose CommentsPermalink





(D) preventing children designated as evacuees from receiving priority for child care services provided under such Act, except that children residing in a State and currently receiving services shall not lose such services to accommodate evacuee children; andCommentsClose CommentsPermalink





(E) relating to any non-Federal or capital contribution required (including copayment or other cost sharing by parents receiving child care assistance) to match Federal funds provided under programs administered by the Secretary of Health and Human Services.CommentsClose CommentsPermalink





(2) TECHNICAL ASSISTANCE AND GUIDANCE- The Secretary of Health and Human Services may provide assistance to States for the purpose of providing training, technical assistance, and guidance to eligible child care providers (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)) who are licensed and regulated, as applicable, by the States, to enable such providers to provide child care services for children and families described in paragraph (1). Such training and technical assistance may be provided through intermediary organizations, including those with demonstrated experience in providing training and technical assistance to programs serving school-age children up to age 13, involved in reinstituting child care services on a broad scale in disaster areas in which a presidentially declared disaster has been declared.CommentsClose CommentsPermalink

SEC. 303. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) AFFECTED HEAD START AGENCIES AND EARLY HEAD START ENTITIES- The term ‘affected Head Start agencies and Early Head Start entities’ means a Head Start agency receiving a significant number of children from a disaster area in which a presidentially declared disaster has been declared.CommentsClose CommentsPermalink





(2) AFFECTED STATE- The term ‘affected State’ means a State affected by a presidentially declared disaster.CommentsClose CommentsPermalink





(3) CHILD WITH A DISABILITY- The term ‘child with a disability’ has the meaning given such term in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)).CommentsClose CommentsPermalink





(4) ELIGIBLE ENTITY- The term ‘eligible entity’ means--CommentsClose CommentsPermalink





(A) a local educational agency (as defined in section 602(19) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(19)) if such agency serves a disaster area in which a presidentially declared disaster has been declared;CommentsClose CommentsPermalink





(B) a State educational agency (as defined in section 602(32) of such Act (20 U.S.C. 1401(32)) if such agency serves a disaster area in which a presidentially declared disaster has been declared; orCommentsClose CommentsPermalink





(C) a State interagency coordinating council established under section 641 of such Act (20 U.S.C. 1441) if such council serves a disaster area in which a presidentially declared disaster has been declared.CommentsClose CommentsPermalink





(5) INDIVIDUAL ADVERSELY AFFECTED BY A PRESIDENTIALLY DECLARED DISASTER- The term ‘individual adversely affected by a presidentially declared disaster’ means an individual who, on the date of the occurrence of a presidentially declared disaster, was living, working, or attending school in such disaster area.CommentsClose CommentsPermalink





(6) INFANT OR TODDLER WITH A DISABILITY- The term ‘infant or toddler with a disability’ has the meaning given such term in section 632(5) of the Individuals with Disabilities Education Act (20 U.S.C. 1432(5)).CommentsClose CommentsPermalink

TITLE IV--EMERGENCY PLANNING FOR CHILD CARE CENTERSCommentsClose CommentsPermalink

SEC. 401. DISASTER PLANS.

Each State that receives funds under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) shall develop a disaster plan, as recommended by the National Commission on Children and Disasters, that includes guidelines for evacuation, reunification, temporary operating standards, and special needs populations.CommentsClose CommentsPermalink

SEC. 402. ADDRESSING CHILD CARE SERVICES AND FACILITIES.

The Administrator of the Federal Emergency Management Agency shall encourage States and local governments to address child care services and facilities in the State and local governments’ response and recovery plans, exercises, and training, as recommended by the National Commission on Children and Disasters.CommentsClose CommentsPermalink

TITLE V--HEALTH CARE SERVICES FOR CHILDRENCommentsClose CommentsPermalink

SEC. 501. MEDICAID AND CHIP DISASTER GUIDANCE.

(a) Guidance to States- Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall provide guidance to Directors of State Medicaid programs established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and to Directors of State Children’s Health Insurance Programs (commonly referred to as ‘CHIP’) established under title XXI of that Act (42 U.S.C. 1397aa et seq.) regarding the requirements under section 1902(a)(16) of the Social Security Act (42 U.S.C. 1396a(a)(16)), relating to the furnishing of medical assistance to individuals who are residents of the State but are absent therefrom, and the application of such requirements to CHIP programs under subparagraph (B) of section 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1) (as added by subsection (d))).CommentsClose CommentsPermalink





(b) State Guidance to Providers- Based on the guidance provided pursuant to subsection (a), each State, as a condition of receipt of Federal payments under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)), shall develop and disseminate to providers of items and services for which payment is available under the State’s Medicaid or CHIP program, disaster guidance for such providers to ensure continued access to health care items and services under the Medicaid and CHIP programs for low-income children affected by a major disaster and displaced from their home State. Such guidance shall be entitled ‘Disaster Guidance for Medicaid and CHIP Providers’ and shall include a description of the procedures established by the State to facilitate the furnishing of health care services to children (as defined for purposes of the State Medicaid and CHIP programs, respectively) who are present in the State and are eligible for medical assistance under the Medicaid program of another State or child health assistance under the CHIP program of another State. To the extent practicable, the guidance developed and disseminated pursuant to this subsection shall include the model process for the coordination of the enrollment, retention, and coverage under such programs of children who, because of migration of families, emergency evacuations, natural or other disasters, public health emergencies, educational needs, or otherwise, frequently change their State of residency or otherwise are temporarily located outside of the State of their residency required by section 213 of the Children’s Health Insurance Program Reauthorization Act of 2009 (42 U.S.C. 1396 note).CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 6 months after the date on which every State with a Medicaid or CHIP program has developed the Disaster Guidance for Medicaid and CHIP Providers required under subsection (b), the Secretary of Health and Human Services shall submit to Congress a report on the guidance developed by States for providers under such programs, including information regarding the State procedures in effect to facilitate the furnishing of health care services to children who are present in the State and are eligible for medical assistance under the Medicaid program of another State or child health assistance under the CHIP program of another State.CommentsClose CommentsPermalink





(d) Conforming Amendments- Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (B) through (O) as subparagraphs (C) through (P), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (A), the following:CommentsClose CommentsPermalink





‘(B) Section 1902(a)(16) (relating to the furnishing of medical assistance to individuals who are residents of the State but are absent therefrom).’.CommentsClose CommentsPermalink