Impact Aid Coronavirus Relief Act

Impact Aid Coronavirus Relief Act

This bill revises the Impact Aid Program application process for FY2022. It also revises FY2021 allocations under the Migrant Education Program.

First, the bill requires local educational agencies (LEAs) participating in the Impact Aid Program to use the student count or federal property valuation data from their FY2021 program applications, as applicable, for their FY2022 program applications. The program provides funding to LEAs that have lost property tax revenue due to the presence of tax-exempt federal property or to those that have experienced increased expenditures due to enrollment of federally connected children (e.g., children living on Indian lands or military bases).

In addition, the bill directs the Department of Education to use school year 2018-2019 data or school year 2019-2020 data, whichever is greater, for making FY2021 allocations to states under the Migrant Education Program. States use these program funds to identify eligible migratory children and provide them with education and support services.

[116th Congress Public Law 211]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 1017]]

Public Law 116-211
116th Congress

                                 An Act


 
To provide that, due to the disruptions caused by COVID-19, applications 
    for impact aid funding for fiscal year 2022 may use certain data 
     submitted in the fiscal year 2021 application. <<NOTE: Dec. 4, 
                         2020 -  [H.R. 8472]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Impact Aid 
Coronavirus Relief Act. 20 USC 6301 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Impact Aid Coronavirus Relief Act''.
SEC. 2. <<NOTE: 20 USC 7705 note.>>  IMPACT AID PROGRAM.

     Due to the public health emergency relating to COVID-19 and 
notwithstanding sections 7002(j) and 7003(c) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local 
educational agency desiring to receive a payment under section 7002 or 
7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2022 that also 
submitted an application for such payment for fiscal year 2021 shall, in 
the application submitted under section 7005 of such Act (20 U.S.C. 
7705) for fiscal year 2022--
            (1) with respect to a requested payment under section 7002 
        of such Act--
                    (A) use the data described in section 7002(j) of 
                such Act relating to calculating such payment that was 
                submitted by the local educational agency in the 
                application for fiscal year 2021; or
                    (B) use the data relating to calculating such 
                payment for the fiscal year required under section 
                7002(j) of such Act; and
            (2) with respect to a requested payment under section 7003 
        of such Act--
                    (A) use the student count data relating to 
                calculating such payment that was submitted by the local 
                educational agency in the application for fiscal year 
                2021, provided that payments for fiscal year 2022 shall 
                be calculated by the Secretary using the expenditures 
                and rates described in clauses (i), (ii), (iii), and 
                (iv) of section 7003(b)(1)(C) of such Act that would 
                otherwise apply for fiscal year 2022; or
                    (B) use the student count data relating to 
                calculating such payment for the fiscal year required 
                under section 7003(c) of such Act.

[[Page 134 STAT. 1018]]

SEC. 3. <<NOTE: 20 USC 6393 note.>>  MIGRANT EDUCATION PROGRAM.

     Due to the public health emergency relating to COVID-19 and 
notwithstanding subsections (a)(1) and (f)(1) of section 1303 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6393), for the 
purposes of making determinations under subsections (a)(1) and (f) of 
such section 1303 for fiscal year 2021 and all subsequent fiscal years 
for which school year 2019-2020 data would be used in the calculations 
under section 1303(a)(1) of such Act, the Secretary of Education shall 
use school year 2018-2019 data or school year 2019-2020 data, whichever 
data are greater, wherever school year 2019-2020 data would otherwise be 
required.

    Approved December 4, 2020.

LEGISLATIVE HISTORY--H.R. 8472:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Oct. 2, considered and passed House.
            Nov. 12, considered and passed Senate.

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