Local Taxpayer Relief Act - Amends the Impact Aid Improvement Act of 2012 to make permanent amendments that Act made to the Impact Aid program (which compensates local educational agencies [LEAs] for the financial burden of federal activities affecting their school districts) that:
Amends the Impact Aid program of the Elementary and Secondary Education Act of 1965 to alter the formula for determining the payments due LEAs for eligible federally-connected children. Includes not only children in average daily attendance but also those enrolled pursuant to a state open enrollment policy.
Continues an LEA's eligibility for such payments while activities associated with military base closures and realignments or force structure changes or relocations are ongoing.
Allows the calculation of such payments using current student counts instead of prior fiscal year data when LEAs experience a specified influx of new federally-connected students due to federal activities or the closure of an LEA that was receiving Impact Aid due to federally-connected children.
Requires the Secretary to allow LEAs to count their federally-connected children using the date they register their students for the fiscal year for which their application is filed.
Alters the formula for determining the construction payments due LEAs that are eligible for other Impact Aid payments. Divides 80% of the construction funds evenly between LEAs impacted by military dependent children and LEAs impacted by children residing on Indian lands, with the remainder reserved for emergency repair and modernization grants to LEAs serving Indian lands or experiencing a specified influx of new students due to federal activities.
Alters the formula for determining whether a state's plan for equalizing assistance to its LEAs will except it from the prohibition on state aid to LEAs being affected by Impact Aid payments.
Requires new LEAs applying for Impact Aid to have boundaries established by state law and the authority to tax or receive an imputed local tax.
Reauthorizes appropriations for the Impact Aid program.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2296 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2296
To reauthorize the impact aid program under the Elementary and
Secondary Education Act of 1965.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2013
Mrs. Noem (for herself and Mr. Larsen of Washington) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To reauthorize the impact aid program under the Elementary and
Secondary Education Act of 1965.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Taxpayer Relief Act''.
SEC. 2. MAKING PERMANENT THE AMENDMENTS MADE BY THE IMPACT AID
IMPROVEMENT ACT OF 2012.
Subsection (c) of the Impact Aid Improvement Act of 2012 (20 U.S.C.
6301 note) is amended--
(1) by striking paragraphs (1) and (4); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
SEC. 3. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended, in the matter preceding
paragraph (1), by striking ``challenging State standards'' and
inserting ``college and career ready State academic content and student
academic achievement standards under section 1111(a)(1)''.
SEC. 4. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
(a) Amendments.--Section 8002 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702) is amended--
(1) in subsection (f), by striking paragraphs (4) and (5);
(2) by striking subsection (g) and inserting the following:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and all
succeeding fiscal years, if a local educational agency
described in paragraph (2) is formed at any time after 1938 by
the consolidation of 2 or more former school districts, the
local educational agency may elect to have the Secretary
determine its eligibility and any amount for which the local
educational agency is eligible under this section for any
fiscal year on the basis of one or more of those former
districts, as designated by the local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is--
``(A) any local educational agency that, for fiscal
year 1994 or any preceding fiscal year, applied, and
was determined to be eligible under, section 2(c) of
the Act of September 20, 1950 (Public Law 874, 81st
Congress), as that section was in effect for that
fiscal year; or
``(B) a local educational agency formed by the
consolidation of 2 or more districts, at least 1 of
which was eligible for assistance under this section
for the fiscal year preceding the year of the
consolidation, if--
``(i) for fiscal years 2006 through 2013,
the local educational had notified the
Secretary of the designation not later than 30
days after the date of enactment of the Local
Taxpayer Relief Act; and
``(ii) for fiscal year 2014 and any
subsequent fiscal year, the local educational
agency includes the designation in its
application under section 8005 or any timely
amendment to such application.
``(3) Availability of funds.--Notwithstanding any other
provision of law limiting the period during which the Secretary
may obligate funds appropriated for any fiscal year after 2005,
the Secretary may obligate funds remaining after final payments
have been made from any of such fiscal years to carry out this
subsection.'';
(3) by striking subsections (k) and (m); and
(4) by redesignating subsections (l) and (n) as subsections
(j) and (k), respectively.
(b) Effective Date.--Notwithstanding the date of enactment of this
Act, the amendments made by this section shall apply to applications
submitted for fiscal year 2010 and all succeeding fiscal years.
SEC. 5. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
Section 8003 of that Act (20 U.S.C. 7703) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting after ``such agency,''
the following: ``including those children enrolled in a
State that has a State open enrollment policy (but not
including those children enrolled in a distance
learning program not residing within the defined
boundaries of the agency),''; and
(B) in paragraph (5)(A), by striking ``to be'' and
all the follows through ``situated'' and inserting the
following: ``or under lease of off-base property under
subchapter IV of chapter 169 of title 10, United States
Code, to be children described under paragraph (1)(B)
if the property described is within the fenced security
perimeter of the military facility or attached to and
under any type of force protection agreement with the
military installation upon which such housing is
situated.'';
(2) in subsection (b)(2)--
(A) in subparagraph (B)--
(i) in the subparagraph heading by striking
``continuing'';
(ii) by amending clause (i) to read as
follows:
``(i) In general.--A heavily impacted local
educational agency is eligible to receive a
basic support payment under subparagraph (A)
with respect to a number of children determined
under subsection (a)(1) if the agency--
``(I) is a local educational agency
whose boundaries are the same as a
Federal military installation or the
boundaries are the same as island
property designated by the Secretary of
the Interior to be property that is
held in trust by the Federal Government
and the agency has no taxing authority;
``(II) is a local educational
agency--
``(aa) that has an
enrollment of children
described in subsection (a)(1)
that constitutes a percentage
of the total student enrollment
of the agency that is not less
than 45 percent;
``(bb) that has a per-pupil
expenditure that is less than--
``(AA) for an
agency that has a total
student enrollment of
500 or more students,
125 percent of the
average per-pupil
expenditure of the
State in which the
agency is located; or
``(BB) for an
agency that has a total
student enrollment of
less than 500, 150
percent of the average
per-pupil expenditure
of the State in which
the agency is located,
or the average per
pupil expenditure of 3
or more comparable
local educational
agencies in the State
in which the agency is
located; and
``(cc) that is an agency
that--
``(AA) has a tax
rate for general fund
purposes that is at
least 95 percent of the
average tax rate for
general fund purposes
of comparable local
educational agencies in
the State; or
``(BB) was eligible
to receive a payment
under this subsection
for fiscal year 2013
and is located in a
State that by State law
has eliminated ad
valorem tax as a
revenue source for
local educational
agencies;
``(III) is a local educational
agency that has a total student
enrollment of not less than 25,000
students, of which not less than 50
percent are children described in
subsection (a)(1) and not less than
5,500 of such children are children
described in subparagraphs (A) and (B)
of subsection (a)(1); or
``(IV) is a local educational
agency that was eligible for and
received a payment under this paragraph
in fiscal year 2012 and--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 20
percent;
``(bb) for the 3 fiscal
years preceding the fiscal year
for which the determination is
made, the average enrollment of
children who are not described
in subsection (a)(1) and who
are eligible for a free or
reduced price lunch under the
Richard B. Russell National
School Lunch Act constitutes a
percentage of the total student
enrollment of the agency that
is not less than 65 percent;
and
``(cc) has a tax rate for
general fund purposes which is
not less than 1.25 percent of
the average tax rate for
general fund purposes for
comparable local educational
agencies in the State.'';
(iii) by amending clause (ii) to read as
follows:
``(ii) Loss of eligibility.--
``(I) In general.--Subject to
subclause (II), a heavily impacted
local educational agency that met the
requirements of clause (i) for a fiscal
year shall be ineligible to receive a
basic support payment under
subparagraph (A) if the agency fails to
meet the requirements of clause (i) for
a subsequent fiscal year, except that
such agency shall continue to receive a
basic support payment under this
paragraph for the fiscal year for which
the ineligibility determination is
made.
``(II) Exception.--For a local
educational agency that is eligible
under subparagraph (A) but whose tax
rate for general fund purposes falls
below 95 percent of the average tax
rate for general fund purposes of local
educational agencies in the State for
two consecutive years shall lose its
eligibility and be subject to subclause
(I).'';
(iv) by amending clause (iii) to read as
follows:
``(iii) Application.--With respect to the
first year for which a heavily impacted local
educational agency described in clause (i)
applies for a basic support payment under
subparagraph (A), or with respect to the first
fiscal year for which a heavily impacted local
educational agency applies for a basic support
payment under subparagraph (A) after becoming
ineligible under clause (i) for 1 or more
preceding fiscal years, the agency shall apply
for such payment at least 1 year prior to the
start of that fiscal year.''; and
(v) by adding at the end the following new
clause:
``(iv) Special rule.--Notwithstanding
clause (i)(II), a local educational agency
shall be considered eligible to receive a basic
support payment under subparagraph (A) with
respect to the number of children determined
under subsection (a)(1) if the agency--
``(I) has an enrollment of children
described in subsection (a)(1),
including, for purposes of determining
eligibility, those children described
in subparagraphs (F) and (G) of such
subsection, that constitutes a
percentage of the total student
enrollment of the agency that is not
less than 35 percent; and
``(II) was eligible to receive
assistance under subsection (b)(2) for
fiscal year 2001.'';
(B) by amending subparagraph (C) to read as
follows:
``(C) Maximum amount for heavily impacted local
educational agencies.--
``(i) In general.--The maximum amount that
a heavily impacted local educational agency is
eligible to receive under this paragraph for
any fiscal year is the sum of the total
weighted student units, as computed under
subsection (a)(2) and subject to clause (ii),
multiplied by the greater of--
``(I) four-fifths of the average
per-pupil expenditure of the State in
which the local educational agency is
located for the third fiscal year
preceding the fiscal year for which the
determination is made; or
``(II) four-fifths of the average
per-pupil expenditure of all of the
States for the third fiscal year
preceding the fiscal year for which the
determination is made.
``(ii) Special rule.--(I)(aa) For a local
educational agency with respect to which 35
percent or more of the total student enrollment
of the schools of the agency are children
described in subparagraph (D) or (E) (or a
combination thereof) of subsection (a)(1), and
has an enrollment of children described in
subparagraph (A), (B), or (C) of such
subsection equal to at least 10 percent of the
agency's total enrollment, the Secretary shall
calculate the weighted student units of those
children described in subparagraph (D) or (E)
of such subsection by multiplying the number of
such children by a factor of 0.55.
``(bb) For any local educational agency
that received a payment under this clause in
fiscal year 2012, the local educational agency
shall not be required to have an enrollment of
children described in subparagraph (A), (B), or
(C) of such subsection equal to at least 10
percent of the agency's total enrollment.
``(II) For a local educational agency that
has an enrollment of 100 or fewer children
described in subsection (a)(1), the Secretary
shall calculate the total number of weighted
student units for purposes of subsection (a)(2)
by multiplying the number of such children by a
factor of 1.75.
``(III) For a local educational agency that
does not qualify under subparagraph (B)(i)(I)
of this subsection and has an enrollment of
more than 100 but not more than 1,000 children
described in subsection (a)(1), the Secretary
shall calculate the total number of weighted
student units for purposes of subsection (a)(2)
by multiplying the number of such children by a
factor of 1.25.'';
(C) by amending subparagraph (D) to read as
follows:
``(D) Maximum amount for large heavily impacted
local educational agencies.--(i)(I) Subject to clause
(ii), the maximum amount that a heavily impacted local
educational agency described in subclause (II) is
eligible to receive under this paragraph for any fiscal
year shall be determined in accordance with the formula
described in paragraph (1)(C).
``(II) A heavily impacted local educational agency
described in this subclause is a local educational
agency that has a total student enrollment of not less
than 25,000 students, of which not less than 50 percent
are children described in subsection (a)(1) and not
less than 5,500 of such children are children described
in subparagraphs (A) and (B) of subsection (a)(1).
``(ii) For purposes of calculating the maximum
amount described in clause (i), the factor used in
determining the weighted student units under subsection
(a)(2) with respect to children described in
subparagraphs (A) and (B) of subsection (a)(1) shall be
1.35.'';
(D) by striking subparagraph (E);
(E) by redesignating subparagraph (F) as
subparagraph (E);
(F) in subparagraph (E) (as so redesignated by
subparagraph (G))--
(i) by striking clause (ii);
(ii) by striking ``; and'' at the end of
clause (i) and inserting a period; and
(iii) by striking ``the Secretary'' and all
that follows through ``shall use'' and
inserting ``the Secretary shall use'';
(G) by redesignating subparagraph (G) as
subparagraph (F);
(H) in subparagraph (F) (as so redesignated by
subparagraph (I), in the matter preceding clause (i),
by striking ``(C)(i)(II)(bb)'' and inserting
``(B)(i)(II)(bb)(BB)'';
(I) by redesignating subparagraph (H) as
subparagraph (G); and
(J) in subparagraph (G) (as so redesignated by
subparagraph (K)--
(i) in clause (i)--
(I) by striking ``(B), (C), (D). or
(E),'' and inserting ``(B), (C), or
(D),'';
(II) by striking ``by reason of''
and inserting ``due to'';
(III) by inserting after ``clause
(iii),'' the following: ``or as the
direct result of base realignment and
closure or modularization as determined
by the Secretary of Defense and force
structure change or force
relocation,''; and
(IV) by inserting before the period
at the end the following: ``or during
such time as activities associated with
base closure and realignment,
modularization, force structure change,
or force relocation is ongoing''; and
(ii) in clause (ii), by striking ``(D) or
(E)'' in both places such term appears and
inserting ``(C) or (D)'';
(3) in subsection (b)(3)(B)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following:
``(iv) For any local educational agency
that is providing a program of distant learning
to children not residing within the legally
defined boundaries of the agency, the Secretary
shall disregard such children from such
agency's total enrollment when calculating the
percentage under subclause (I) of clause (i)
and shall disregard any funds received for such
children when calculating the total current
expenditures attributed to the operation of
such agency when calculating the percentage
under subclause (II) of clause (i).'';
(4) in subsection (b)(3)(C), by striking ``or (E) of
paragraph (2), as the case may be'' and inserting ``of
paragraph (2)'';
(5) by amending subsection (b)(3)(D) to read as follows:
``(D) Ratable distribution.--For any fiscal year
described in subparagraph (A) for which the sums
available exceed the amount required to pay each local
educational agency 100 percent of its threshold payment
the Secretary shall distribute the excess sums to each
eligible local educational agency that has not received
its full amount computed under paragraph (1) or (2) (as
the case may be) by multiplying--
``(i) a percentage, the denominator of
which is the difference between the full amount
computed under paragraph (1) or (2) (as the
case may be) for all local educational agencies
and the amount of the threshold payment as
calculated under subparagraphs (B) and (C) of
all local educational agencies, and the
numerator of which is the aggregate amount of
the excess sums by--
``(ii) the difference between the full
amount computed under paragraph (1) or (2) (as
the case may be) for the agency and the amount
of the threshold payment as calculated under
subparagraphs (B) and (C) of the agency.'';
(6) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal year
for which the agency is making an application for payment if
such agency--
``(A) is newly established by a State, for the
first year of operation of such agency only;
``(B) was eligible to receive a payment under this
section for the previous fiscal year and has had an
overall increase in enrollment (as determined by the
Secretary in consultation with the Secretary of
Defense, the Secretary of Interior or other Federal
agencies)--
``(i) of not less than 10 percent, or 100
students, of children described in--
``(I) subparagraph (A), (B), (C),
or (D) of subsection (a)(1); or
``(II) subparagraph (F) or (G) of
subsection (a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense or the Department
of Interior; and
``(ii) that is the direct result of closure
or realignment of military installations under
the base closure process or the relocation of
members of the Armed Forces and civilian
employees of the Department of Defense as part
of force structure changes or movements of
units or personnel between military
installations or because of actions initiated
by the Secretary of Interior or head of another
Federal agency; and
``(C) was eligible to receive a payment under this
section for the previous fiscal year and has had an
overall increase in enrollment (as determined by the
Secretary)--
``(i) of not less than 10 percent, or 100
students, of children described in subsection
(a)(1); and
``(ii) that is the direct result of the
closure of a local educational agency that
received a payment under subsection (b)(1) or
(b)(2) in the previous fiscal year.'';
(7) by amending subsection (e) to read as follows:
``(e) Hold Harmless.--
``(1) In general.--Subject to paragraph (2) the total
amount the Secretary shall pay a local education agency under
subsection (b)--
``(A) for fiscal year 2014 shall not be less than
95percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2) or (b)(2)(B)(ii) for fiscal year 2013;
``(B) for fiscal year 2015 shall not be less than
90 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2) or (b)(2)(B)(ii) for fiscal year 2013; and
``(C) for fiscal year 2016 shall not be less than
85 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2) or (b)(2)(B)(ii) for fiscal year 2013.
``(2) Maximum payment.--The total amount provided to a
local educational agency under subparagraph (A), (B), or (C) of
paragraph (1) for a fiscal year shall not exceed the maximum
basic support amount for such agency determined under paragraph
(1) or (2) of subsection (b), as the case may be.
``(3) Ratable reduction.--
``(A) In general.--If the sums made available under
this title for any fiscal year are insufficient to pay
the full amounts that all local educational agencies in
all States are eligible to receive under paragraph (1)
for such year, then the Secretary shall ratably reduce
the payments to all such agencies for such year.
``(B) Additional funds.--If additional funds become
available for making payments under paragraph (1) for
such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis
as such payments were reduced.''; and
(8) by striking subsection (g).
SEC. 6. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005 of that Act (20 U.S.C. 7705) is amended by adding at
the end the following:
``(e) Student Count.--For the purpose of meeting the requirements
of section 222.35 of the Code of the Federal Regulations, the Secretary
shall establish a third option for an applicant when counting its
federally connected children by using the date established by the
applicant to register the students of such applicant for the fiscal
year for which the application is filed.''.
SEC. 7. CONSTRUCTION.
Section 8007 of that Act (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``40 percent''
and inserting ``80 percent'';
(B) in paragraph (2) by adding at the end the
following:
``(C) The agency is eligible under section
8003(b)(2) or is receiving a basic support payment
under circumstances described in section
8003(b)(2)(B)(ii).''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Amount of payments.--
``(A) Local education agencies impacted by military
dependent children.--The amount of a payment to each
local educational agency described in this subsection
that is impacted by military dependent children for a
fiscal year shall be equal to--
``(i)(I) 40 percent of the amount
appropriated under section 8014(e) for such
fiscal year; divided by
``(II) the number of children described in
subparagraphs (B) and (D)(i) of section
(8003)(a)(1) who were in average daily
attendance for all local educational agencies
described in paragraph (2), including the
number of children attending a school facility
described in section 8008(a) if the Secretary
does not provide assistance for the school
facility under that section for the fiscal
year; multiplied by
``(ii) the number of children determined
for such agency;
``(I) but not less than $25,000,
except that this subparagraph shall not
apply if the amount available to carry
out paragraph (1) for such fiscal year
is less than $32,000,000; and
``(II) not more than $4,000,000.
``(B) Local educational agencies impacted by
children who reside on indian lands.--The amount of a
payment to each local educational agency described in
the subsection that is impacted by children who reside
on Indian lands for a fiscal year shall be equal to--
``(i)(I) 40 percent of the amount
appropriated under section 8014(e) for such
fiscal year; divided by
``(II) the number of children described in
section 8003(a)(1)(C) who were in average daily
attendance for all local educational agencies
described in paragraph (2); multiplied by
``(ii) the number of children determined
for such agency;
``(I) but not less than $25,000,
except that this subparagraph shall not
apply if the amount available to carry
out paragraph (1) for such fiscal year
is less than $32,000,000; and
``(II) not more than $4,000,
000.''; and
(2) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``60 percent'' and
inserting ``20 percent'';
(B) in paragraph (3)(A), in the matter preceding
clause (i), by inserting after ``an emergency grant
under paragraph (2)(A)'' the following: ``if the agency
is covered by paragraph (7), or'';
(C) in paragraph (3)(C)(i)(I), by striking ``the
agency meets at least one'' and all that follows
through the period at the end and inserting ``the
number of children determined under section
8003(a)(1)(C) for the agency for the preceding school
year constituted at least 40 percent of the total
student enrollment in the schools of the agency during
the preceding school year.'';
(D) by striking paragraph (3)(D)(ii)(II) and
inserting the following:
``(II) The number of children
determined under section 8003(a)(1)(C)
for the school for the preceding school
year constituted at least 40 percent of
the total student enrollment in the
school during the preceding school
year.'';
(E) in paragraph (4)(C), by striking ``(A), (B),
(C), and (D)'' and inserting ``(A) and (C)'';
(F) by redesignating paragraph (7) as paragraph
(8); and
(G) by inserting after paragraph (6) the following:
``(7) Special rule.--Notwithstanding paragraphs
(3)(C)(i)(I) and (3)(D)(ii)(II), a local educational agency is
eligible to receive a grant under this subsection not to exceed
$4,000,000 in any one fiscal year if such agency--
``(A) was eligible to receive a payment under
section 8003 for the fiscal year prior to the year for
which the application is made; and
``(B) has had an overall increase in enrollment--
``(i) during the period between the end of
the school year preceding the fiscal year for
which the application is made and the beginning
of the school year immediately preceding that
school year;
``(ii) of not less than 250 students or 10
percent (whichever is lower), are children
described in--
``(I) subparagraph (A), (B), (C),
or (D) of section 8003(a)(1); or
``(II) subparagraph (F) or (G) of
section 8003(a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense; and
``(iii) that is the direct result of one or
more of the following:
``(I) Base realignment and closure
or global rebasing, as determined by
the Secretary of Defense.
``(II) Force structure changes or
force reductions.
``(III) An action initiated by the
Secretary of Interior or head of
another Federal agency.''.
SEC. 8. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
Section 8009 of that Act (20 U.S.C. 7709) is amended--
(1) in subsection (b)(1), by inserting before the period at
the end the following: ``and for which the average per pupil
expenditure is equal to or greater than the average per pupil
expenditure of all the States in the third fiscal year
preceding the fiscal year for which the State is applying for
equalization under the section'';
(2) by amending subsection (b)(2) to read as follows:
``(2) Computation.--
``(A) State currently qualifying.--
``(i) In general.--For purposes of
paragraph (1), a program of State aid for any
State qualifying under this section for fiscal
year 2006 equalizes expenditures among local
educational agencies if, in the second fiscal
year preceding the fiscal year for which the
determination is made the amount of per-pupil
expenditures made by, or per-pupil revenues
available to, the local educational agency in
the State with the highest such per-pupil
expenditures or revenues did not exceed the
amount of such per-pupil expenditures made by,
or per-pupil revenues available to, the local
educational agency in the State with the lowest
such expenditures or revenues by more than 25
percent as calculated under clause (ii).
``(B) Other factors.--Notwithstanding regulations
in effect prior to the enactment of this subparagraph,
in making a determination under this subparagraph, the
Secretary shall--
``(i) arrange all local educational
agencies in the State by per-pupil expenditures
or revenues in descending order from the
highest to the lowest;
``(ii) using per-pupil expenditures or
revenues as the only criteria disregard those
local educational agencies that are spending
above the 95th percentile and those spending
below the 5th percentile;
``(iii) identify the local educational
agency at the 95th percentile and the local
educational agency at the 5th percentile;
``(iv) subtract the amount of per-pupil
expenditures or revenues of the local
educational agency at the 5th percentile from
the amount of per-pupil expenditures or
revenues of the local educational agency at the
95th percentile and divide the difference by
the per-pupil expenditures or revenues of the
local educational agency at the 5th percentile;
and
``(v) take into account the extent to which
a program of State aid reflects the additional
cost of providing free public education in
particular types of local educational agencies
such as those that are geographically isolated,
or to particular types of students, such as
children with disabilities.
``(C) New states applicants.--
``(i) In general.--For purposes of
paragraph (1), a program of State aid for any
State equalizing under this section after
fiscal year 2006 equalizes expenditures among
local educational agencies if, in the second
fiscal year preceding the fiscal year for which
the determination is made, the amount of per-
pupil expenditures made by, or per pupil
revenues available to, the local educational
agency in the State with the highest such per-
pupil expenditures or revenues did not exceed
the amount of such per-pupil expenditures made
by, or per-pupil revenues available to, the
local educational agency in the State with the
lowest such expenditures or revenues by more
than 10 percent as calculated under clause
(ii).
``(ii) Other factors.--In making a
determination under this subparagraph, the
Secretary notwithstanding regulations in use
prior to the enactment of this Act shall--
``(I) arrange all local educational
agencies in the State by per pupil
expenditures or revenues in descending
order from the highest to the lowest;
``(II) using per-pupil expenditures
or revenues as the only criteria
disregard those local educational
agencies that are spending above the
95th percentile and those spending
below the 5th percentile;
``(III) identify the local
educational agency at the 95th
percentile and the local educational
agency at the 5th percentile;
``(IV) subtract the amount of per-
pupil expenditures or revenues of the
local educational agency at the 5th
percentile from the amount of per-pupil
expenditures or revenues of the local
educational agency at the 95th
percentile and divide the difference by
the per-pupil expenditures or revenues
of the local educational agency at the
5th percentile; and
``(V) take into account the extent
to which a program of State aid
reflects the additional cost of
providing free public education in
particular types of local educational
agencies, such as those that are
geographically isolated, or to
particular types of students, such as
children with disabilities.''; and
(3) in subsection (d)(2)--
(A) by striking ``A State'' and inserting the
following:
``(A) In general.--A State''; and
(B) by adding at the end of the following:
``(B) States that are not equalized states.--A
State that has not been approved as an equalized State
under subsection (b) shall not consider funds received
under section 8002 or section 8003 of this title in any
State formula or place a limit or direct the use of
such funds or consider such funds.''.
SEC. 9. DEFINITIONS.
Section 8013 of that Act (20 U.S.C. 7713) is amended--
(1) in paragraph (1) by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (4)--
(A) in the first sentence thereof, by striking
``part (A) of title I and title VI'' and inserting
``title I and part A of title V''; and
(B) in the second sentence, by striking ``be
determined'' and inserting ``be made'';
(3) in paragraph (5)(A)(iii)--
(A) by amending subsclause (II) to read as follows:
``(II) used to provide housing for
homeless children at closed military
installations pursuant to section 501
of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411);'';
and
(B) by amending subclause (III) to read as follows:
``(III) used for affordable housing
assisted under the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4101 et.seq.); or'';
(4) in paragraph (5)(A), by adding at the end the
following:
``(VI) exempt of taxation real
property and personal property
identified by a local governmental
entity, including State government, if
upon such property resides a child
whose parents or guardians are
certified to live on such property is
considered to meet the eligibility
requirements of section 151.4 of part
150 of subchapter H of title 25, Code
of Federal Regulations; or'';
(5) in paragraph (8)(A), by inserting commas before and
after ``and verified by''; and
(6) in paragraph (9)--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--Except as provided in
subparagraph (C), the term `local educational agency'--
``(i) means a board of education or other
legally constituted local school authority
having administrative control and direction of
free public education in a county, township,
independent school district, or other school
district; and
``(ii) includes any State agency that
directly operates and maintains facilities for
providing free public education; that except
for those local educational agencies determined
to be eligible to receive a payment under
section 8003 prior to the date of the enactment
of the Local Taxpayer Relief Act, when
submitting an application under this title for
the first time on or after the date of the
enactment of such Act, has the authority to tax
and has boundaries as defined by applicable
State law for the purposes of levying such
taxes, or has been granted the authority to
receive an imputed tax from a city, county,
township, or other general purpose political
subdivision of a State.''; and
(B) in subparagraph (B), by inserting a comma after
``Secretary determines''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 of that Act (20 U.S.C. 7714) is amended--
(1) in subsection (a) by striking ``$32,000,000 for fiscal
year 2000'' and inserting ``$63,445,221 fiscal year 2014'';
(2) in subsection (b) by striking ``$809,400,000 fiscal
year 2000'' and inserting ``$1,093,203,000 for fiscal year
2014'';
(3) in subsection (c) by striking ``$50,000,000 for fiscal
year 2000'' and inserting ``$45,880,825 for fiscal year 2014'';
(4) by redesignating subsection (e) as subsection (d);
(5) in subsection (d) (as so redesignated by paragraph (4),
by striking ``$10,052,000'' and all that follows through ``and
such sums'' and inserting ``$16,528,637 for fiscal year 2014'';
(6) by redesignating subsection (f) as subsection (e);
(7) in subsection (e) (as so designated by paragraph (6)),
by striking ``$5,000,000 for fiscal year 2000'' and inserting
``$4,591,393 for fiscal year 2014''; and
(8) by adding at the end of the following:
``(f) Allocation of Dollars From Previous Fiscal Years.--When final
payments are made for a fiscal year the Secretary shall add any
remaining funds to those funds appropriated for such section for the
next fiscal year for the purpose of making payments subject to the
provisions of the applicable section.''.
SEC. 11. ADDITIONAL AND CONFORMING AMENDMENTS.
(a) Subpart 20 of Part D of Title V.--Subpart 15 (20 U.S.C. 7281 et
seq.) of part D of title V of that Act (relating to additional
assistance for certain local educational agencies impacted by Federal
property acquisition) is repealed.
(b) Title VIII.--Title VIII of Elementary and Secondary Education
Act (20 U.S.C. 7701 et seq.) is further amended--
(1) in section 8004 (20 U.S.C. 7704)--
(A) in subsection (e)(1)(B)(i), by striking
``involved, or if'' and inserting ``involved or, if'';
and
(B) in subsection (f), by striking ``upon'' and
inserting ``on'';
(2) in section 8008(a) (20 U.S.C. 7708(a)), by striking
``section 8014(f)'' and inserting ``section 8014(e)'';
(3) in section 8010 (20 U.S.C. 7710)--
(A) in subsection (b), by striking out ``require''
and inserting in lieu thereof ``need''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A), by striking
``paragraph (3)'' and inserting ``paragraph
(2)''; and
(ii) in subparagraph (B), by striking
``paragraph (3)'' and inserting ``paragraph
(2)''; and
(4) in section 8011(a) (20 U.S.C. 7711 (a)), by striking
``or under'' and all that follows through ``of 1994)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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