Calendar No. 213
109th CONGRESS
1st Session
S. 1715
To provide relief for students and institutions affected by Hurricane
Katrina, and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 15, 2005
Mr. ENZI (for himself and Mr. KENNEDY) introduced the following bill; which
was read the first time
September 19, 2005
Read the second time and placed on the calendar
A BILL
To provide relief for students and institutions affected by Hurricane
Katrina, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Sunset provision.
TITLE I--ELEMENTARY AND SECONDARY EDUCATION ASSISTANCE
Sec. 101. Waivers and other actions.
Sec. 102. Providing additional support for students affected by Hurricane
Katrina.
Sec. 103. Immediate aid to restart school operations.
Sec. 104. Use of 2004-2005 child count for ESEA and IDEA funding for sending
local educational agencies.
Sec. 105. Payments for receiving local educational agencies.
Sec. 106. Teacher and paraprofessional reciprocity; delay.
Sec. 107. Assistance for homeless youth.
TITLE II--HIGHER EDUCATION
Sec. 202. Waiver authority and modifications to certain provisions of the
Higher Education Act of 1965.
Sec. 203. General waiver authority and required consultation.
Sec. 204. Notice of waivers, modifications, or extensions.
TITLE III--EMERGENCY AND DISASTER ASSISTANCE TO INDIVIDUALS WITH DISABILITIES
Subtitle A--Assistance for Children With Disabilities
Sec. 312. Use of 2004-2005 numbers of children for IDEA funding for sending
states.
Sec. 313. Support for local educational agencies receiving children affected
by Hurricane Katrina.
Subtitle B--Assistance for Individuals With Disabilities
Sec. 321. Rehabilitation Act of 1973.
Sec. 322. Assistive Technology Act of 1998.
TITLE IV--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990
Sec. 402. Waiver authority to expand the availability of services under
Child Care and Development Block Grant Act of 1990.
Sec. 403. Technical assistance and guidance.
Sec. 404. Authorization of appropriations.
TITLE V--HEAD START PROGRAMS
Sec. 502. Income eligibility and documentation waivers.
Sec. 503. Technical assistance, guidance, and resources.
Sec. 504. Authorization of appropriations.
TITLE VI--DEPARTMENT OF EDUCATION INSPECTOR GENERAL AUDIT AND REPORT
Sec. 601. Department of Education Inspector General audit and report.
SEC. 2. SUNSET PROVISION.
The provisions of this Act (other than section 202(b)) shall be effective
for the period beginning on the date of enactment of this Act and ending on
September 30, 2006.
TITLE I--ELEMENTARY AND SECONDARY EDUCATION ASSISTANCE
SEC. 101. WAIVERS AND OTHER ACTIONS.
(a) Current Waiver and Other Authority- The Secretary of Education is encouraged
to exercise the maximum waiver authority available or exercise other actions
for States, local educational agencies, and schools affected by Hurricane
Katrina with respect to the waiver authority or authorization of actions provided
under the following provisions of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.):
(1) Section 1111(b)(3)(C)(vii) of such Act (20 U.S.C. 6311(b)(3)(C)(vii)).
(2) Section 1111(b)(7) of such Act (20 U.S.C. 6311(b)(7)).
(3) Section 1111(c)(1) of such Act (20 U.S.C. 6311(c)(1)).
(4) Section 1111(h)(2)(A)(i) of such Act (20 U.S.C. 6311(h)(2)(A)(i)).
(5) Section 1116(b)(7)(D) of such Act (20 U.S.C. 6316(b)(7)(D)).
(6) Section 1116(c)(10)(F) of such Act (20 U.S.C. 6316(c)(10)(F)).
(7) Section 1125A(e)(3) of such Act (20 U.S.C. 6337(e)(3)).
(8) Section 3122(a)(3)(B) of such Act (20 U.S.C. 6842(a)(3)(B)).
(9) Section 5141(c) of such Act (20 U.S.C. 7217(c)).
(10) Section 7118(c)(3)(A) of such Act (20 U.S.C. 7428(c)(3)(A)).
(11) Section 9521(c) of such Act (20 U.S.C. 7901(c)).
(b) Report on Waivers- Not later than December 31, 2005, the Secretary of
Education shall prepare and submit a report on the States requesting a waiver
of any provision under the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) due to the impact of Hurricane Katrina to the Committee
on Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.
SEC. 102. PROVIDING ADDITIONAL SUPPORT FOR STUDENTS AFFECTED BY HURRICANE
KATRINA.
(a) Grants Authorized- From amounts appropriated under subsection (d), the
Secretary of Education is authorized to make grants to eligible local educational
agencies to enable such agencies to provide, to students displaced or affected
by Hurricane Katrina--
(1) supplemental educational services consistent with the definitions, criteria,
and amounts established under section 1116(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(e)); or
(2) additional programs and activities under part B of title IV of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.) relating to
21st century community learning centers.
(b) Definition of Eligible Local Educational Agency- In this section, the
term `eligible local educational agency' means--
(1) a local educational agency in an area in which a major disaster has
been declared in accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) related to Hurricane
Katrina; or
(2) a local educational agency that enrolls a significant number of students
displaced from an area where a major disaster has been declared in accordance
with section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) related to Hurricane Katrina, as compared
to the total student enrollment in the schools served by the agency.
(c) Interaction With the ESEA-
(1) SUPPLEMENTAL EDUCATIONAL SERVICES- An eligible local educational agency
providing services described in subsection (a)(1) may provide such services
to a student displaced by Hurricane Katrina regardless of the status of
the school such student attends under section 1116(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).
(2) SPECIAL RULE- Section 9534(a) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7914(a)) shall apply to the services, programs, and
activities funded under this section.
(d) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $100,000,000 for fiscal year 2006.
SEC. 103. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.
(a) Purpose- It is the purpose of this section--
(1) to provide immediate and direct assistance to local educational agencies
in Louisiana, Mississippi, and Alabama that serve an area in which a major
disaster has been declared in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170),
related to Hurricane Katrina;
(2) to assist school district administrators and personnel of such agencies
who are working to restart operations in elementary schools and secondary
schools served by such agencies; and
(3) to facilitate the re-opening of elementary schools and secondary schools
served by such agencies and the re-enrollment of students in such schools
as soon as possible.
(b) Payments Authorized- From amounts appropriated to carry out this section,
the Secretary of Education is authorized to make payments in accordance with
subsection (c), in November of 2005, to local educational agencies in Louisiana,
Mississippi, and Alabama that serve schools certified by the Secretary as
being located in an area in which a major disaster has been declared in accordance
with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), related to Hurricane Katrina.
(c) Eligibility and Consideration- In determining whether to award a payment
under this section, or the amount of the payment, the Secretary of Education
shall consider the following:
(1) The number of school-aged children served by the local educational agency
in the academic year preceding the academic year for which the payment is
awarded.
(2) The severity of the impact of Hurricane Katrina on the local educational
agency and the extent of the needs in each local educational agency in Louisiana,
Mississippi, and Alabama that is in an area in which a major disaster has
been declared in accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane
Katrina.
(d) Applications- Each local educational agency desiring a payment under this
section shall submit an application to the Secretary of Education at such
time, in such manner, and accompanied by such information as the Secretary
of Education may require.
(1) IN GENERAL- A local educational agency receiving a payment under this
section shall use the payment for--
(A) recovery of student and personnel data, and other electronic information;
(B) replacement of school district information systems, including hardware
and software;
(C) financial operations;
(D) rental of mobile educational units and leasing of neutral sites or
spaces;
(E) initial replacement of instructional materials and equipment, including
textbooks;
(F) redeveloping instructional plans, including curriculum development;
(G) initiating and maintaining education and support services; and
(H) such other activities related to the purpose of this section that
are approved by the Secretary.
(2) PROHIBITIONS- Payments received under this section shall not be used
for any of the following:
(A) Construction or renovation of schools.
(B) Payments to school administrators or teachers who are not actively
engaged in restarting or re-opening schools.
(f) Supplement Not Supplant- 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.
(g) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $900,000,000 for fiscal year 2006.
SEC. 104. USE OF 2004-2005 CHILD COUNT FOR ESEA AND IDEA FUNDING FOR SENDING
LOCAL EDUCATIONAL AGENCIES.
In calculating funding under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) and part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.) for the 2006-2007
school year for a local educational agency, the Secretary of Education shall
use the child count applicable for such agency that was calculated for the
2004-2005 school year if--
(1) such agency serves an area in which the President has declared that
a major disaster exists in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170),
related to Hurricane Katrina; and
(2) such agency, for the 2006-2007 school year, has a net loss of students
as compared with the 2004-2005 school year.
SEC. 105. PAYMENTS FOR RECEIVING LOCAL EDUCATIONAL AGENCIES.
(1) IN GENERAL- Not later than December of 2005 and not later than 5 months
after the date of the first payment made under this paragraph, the Secretary
of Education shall make payments to eligible local educational agencies
in accordance with subsection (d) to enable the agencies to improve the
instruction of the displaced students served by the agencies.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES- A local educational agency is eligible
to receive a payment under paragraph (1) if the agency serves an elementary
school or secondary school (including a charter school) in which there is
enrolled a displaced student who enrolled in such school.
(b) Definition of Displaced Student- In this section, the term `displaced
student' means a student who enrolled in an elementary school or secondary
school (including a charter school) served by a local educational agency because
such student resides or resided on August 22, 2005, in an area for which a
major disaster has been declared in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170),
related to Hurricane Katrina.
(c) Number of Students- Not later than December 15, 2005, and April 15, 2006,
each eligible local educational agency shall submit to the Secretary of Education
documentation that indicates the number of displaced students enrolled in
the elementary schools and secondary schools (including charter schools) served
by such agency, including the number of displaced students who are assisted
under part B of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
(d) Amount of Payments- The amount of a payment under subsection (a) for an
eligible local educational agency shall equal the sum of--
(1) 50 percent of the product of the number of displaced students (not including
displaced students who are assisted under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.)) served by such agency
as described in subsection (c) times the average per-pupil expenditure for
the most recent fiscal year for which the information is available (but
not earlier than fiscal year 2003) in the State in which such agency is
located, and
(2) 50 percent of the product of the number of displaced students served
by such agency who are assisted under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.) as described in subsection (c) times
125 percent of the average per-pupil expenditure for the most recent fiscal
year for which the information is available (but not earlier than fiscal
year 2003) in the State in which such agency is located.
(e) Displaced Students Not to Count for Esea and Idea Funding- In calculating
funding under part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) and part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.) for a local educational agency that
receives a payment under this section, the Secretary of Education shall not
count, for purposes of calculating such funding under such parts, displaced
students served by such agency for whom a payment is received under this section.
(f) Use of Funds- A local educational agency receiving a payment under this
section shall use such payment to enhance instructional opportunities for
displaced students who enroll in elementary schools and secondary schools
served by such agency, which uses may include--
(1) providing instructional services to such students;
(2) paying the compensation of personnel, including teacher aides, to provide
instructional services to such students; and
(3) identifying and acquiring curricular material, including the costs of
providing additional classroom supplies, and mobile educational units and
leasing neutral sites or spaces.
(g) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $2,500,000,000 for fiscal year 2006.
SEC. 106. TEACHER AND PARAPROFESSIONAL RECIPROCITY; DELAY.
(a) Teacher and Paraprofessional Reciprocity-
(A) AFFECTED TEACHER- In this subsection, the term `affected teacher'
means a teacher who is displaced due to Hurricane Katrina to a State that
is different from the State in which such teacher resided before Hurricane
Katrina.
(B) IN GENERAL- A local educational agency may consider an affected teacher
hired by such 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), for a period not to exceed 1 year, if such teacher was highly qualified,
consistent with section 9101(23) of the Higher Education Act of 1965 (20
U.S.C. 7801(23)), on or before August 22, 2005, in the State in which
such teacher resided before Hurricane Katrina.
(A) AFFECTED PARAPROFESSIONAL- In this subsection, the term `affected
paraprofessional' means a paraprofessional who is displaced due to Hurricane
Katrina to a State that is different from the State in which such paraprofessional
resided before Hurricane Katrina.
(B) IN GENERAL- A local educational agency may consider an affected paraprofessional
hired by such 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 a period not to exceed
1 year, if such paraprofessional satisfied such requirements on or before
August 22, 2005, in the State in which such paraprofessional resided before
Hurricane Katrina.
(b) Delay- The Secretary of Education may delay, for a period not to exceed
1 year, applicability of the requirements of paragraphs (2) and (3) of section
1119(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319(a)(2)
and (3)) with respect to the States of Alabama, Louisiana, and Mississippi
(and local educational agencies within the jurisdiction of such States), if
any such State or local educational agency demonstrates that a failure to
comply with such requirements is due to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and unforeseen decline in the
financial resources of local educational agencies within the State.
SEC. 107. ASSISTANCE FOR HOMELESS YOUTH.
(a) In General- The Secretary of Education shall provide assistance to local
educational agencies serving homeless children and youths displaced by Hurricane
Katrina, consistent with section 723 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11433), including identification, enrollment assistance, assessment
and school placement assistance, transportation, coordination of school services,
supplies, referrals for health, mental health, and other needs.
(b) Exception and Distribution of Funds-
(1) EXCEPTION- For purposes of providing assistance under subsection (a),
subsections (c) and (e)(1) of section 722 and subsections (b) and (c) of
section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(c)
and (e)(1), 11433(b) and (c)) shall not apply.
(2) DISBURSEMENT- The Secretary of Education shall disburse funding provided
under subsection (a) to State educational agencies based on need, as determined
by the Secretary, and such State educational agencies shall distribute funds
to local educational agencies based on demonstrated need, for the purposes
of carrying out section 723 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11433).
(c) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $50,000,000.
TITLE II--HIGHER EDUCATION
SEC. 201. DEFINITIONS.
(1) AFFECTED BORROWER- The term `affected borrower' means an individual
who--
(A) was in repayment on a loan made, insured, or guaranteed under part
B, D, or E of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.;
1087a et seq.; 1087aa et seq.) on August 22, 2005, or enters or entered
repayment after August 22, 2005 and before June 30, 2006; and
(B)(i) lives or lived in an area in which an emergency or major disaster
was declared under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170) due to the effects of Hurricane
Katrina; or
(ii) worked, as of August 22, 2005, in such an area.
(2) AFFECTED INSTITUTION- The term `affected institution' means an institution
of higher education, as defined in section 101 or 102 of the Higher Education
Act of 1965 (20 U.S.C. 1001, 1002) located in an area in which an emergency
or major disaster was declared under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act due to the effects of Hurricane
Katrina.
(3) AFFECTED STUDENT- The term `affected student' means a student who was
enrolled on August 29, 2005 in an affected institution.
(A) IN GENERAL- The term `distance education' means a course or program
that uses 1 or more of the technologies described in subparagraph (B)
to--
(i) deliver instruction to students who are separated from the instructor;
and
(ii) support regular and substantive interaction between the students
and the instructor, either synchronously or asynchronously.
(B) INCLUSIONS- For the purposes of subparagraph (A), the technologies
used may include--
(ii) one-way and two-way transmissions through open broadcast, closed
circuit, cable, microwave, broadband lines, fiber optics, satellite,
or wireless communications devices;
(iii) audio conferencing; or
(iv) video cassette, DVDs, and CD-ROMs, provided that they are used
in a course in conjunction with the technologies listed in clauses (i)
through (iii).
(5) SECRETARY- The term `Secretary' means the Secretary of Education.
SEC. 202. WAIVER AUTHORITY AND MODIFICATIONS TO CERTAIN PROVISIONS OF THE
HIGHER EDUCATION ACT OF 1965.
(a) Waiver of Grant Repayments by Students- Notwithstanding section 484B of
the Higher Education Act of 1965 (20 U.S.C. 1091b), the Secretary shall waive
the amounts that students would otherwise be required to return to the Department
of Education with respect to any grant assistance under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) for an affected student who
was unable to attend, or whose attendance was interrupted, because of the
impact of Hurricane Katrina on the student or an affected institution.
(b) Extension of Period for Repayment of Student Grant Assistance by Affected
Institutions- An affected institution shall calculate the amount of Federal
Pell Grant funds and Federal Supplemental Educational Opportunity Grant funds
that the affected institution is required to return in accordance with section
484B of the Higher Education Act of 1965, but the Secretary shall grant an
extension until June 30, 2010, for the return of the funds to the Department
of Education. If any affected institution does not return such grant funds
in full by the July 1, 2010, the Secretary shall work out a repayment schedule
with the affected institution that may include payment of interest. The Secretary
may assess a penalty for failure to return such grant funds in full by July
1, 2010, or for failure to make a payment in accordance with a repayment schedule.
(c) Temporary Loan Deferment for Affected Students Who Do Not Enroll in Another
Institution- With respect to a loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965, an affected student
who does not enroll in another institution of higher education at any time
during the period beginning on August 22, 2005, and ending on and June 30,
2006, and is not eligible for an in-school deferment, shall be placed in deferment
status for that period.
(d) Extension of Period for Return of Loan Proceeds to the Lender or the Perkins
Loan Fund by Affected Institutions- An affected institution shall calculate
the amount to be credited to outstanding balances on loans made, insured,
or guaranteed under part B, D, or E of title IV of the Higher Education Act
of 1965, but shall have until June 30, 2006 to remit the funds to the appropriate
account or lender. If records related to such balances or loans were destroyed
or are inaccessible as a result of Hurricane Katrina, affected institutions
are encouraged to use additional sources of information regarding such balances
or loans, such as information from lenders and guaranty agencies. In the event
an affected institution does not remit such amounts as required under the
preceding sentence, the Secretary shall hold the affected student harmless,
and shall make a payment on behalf of the affected student and take such action
as the Secretary determines necessary to recover the amounts from the affected
institution, including interest and penalties, as the Secretary determines
appropriate.
(e) Authority To Exceed Annual Loan Limits- Notwithstanding any provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary
shall permit an affected student to exceed the annual loan limits under part
B, D, or E of title IV of the Higher Education Act of 1965 by an amount not
greater than the applicable loan limit for such student under such part during
the period beginning on July 1, 2005 and ending on June 30, 2006.
(f) Waiver Authority To Facilitate Use of Federal Work-Study Funds- The Secretary
is authorized--
(1) to make whatever arrangements the Secretary determines are necessary
and feasible in order to transfer Federal work-study funds under part C
of title IV of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq.)
from an affected institution to an institution of higher education that
enrolls an affected student during the 2005-2006 award year; and
(2) with respect to the Federal work-study funds that are transferred to
an institution of higher education in accordance with paragraph (1), to
waive all of the non-Federal share requirements under such part for the
institution of higher education that enrolls the affected student during
the 2005-2006 award year.
(g) Forbearance- Notwithstanding the provisions of part B, D, or E of title
IV of the Higher Education Act of 1965, a lender, the Secretary, or an institution
of higher education is authorized to provide not more than 1 year of forbearance
to an affected borrower without documentation.
(h) Professional Judgment- A financial aid administrator shall be considered
to be making an adjustment in accordance with section 479A(a) of the Higher
Education Act of 1965 (20 U.S.C. 1087tt(a)) if the financial aid administrator
makes the adjustment with respect to the calculation of the expected student
or parent contribution (or both) for an affected student, or for a student
or a parent who resides or resided on August 22, 2005, or was employed on
August 22, 2005, in an area in which an emergency or major disaster was declared
under section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act due to the effects of Hurricane Katrina. The financial aid
administrator shall adequately document the need for the adjustment. The Secretary
is authorized to simplify such documentation for institutions of higher education
that receive a significant number of affected students as compared to the
total student enrollment at the institution.
(i) Modification of Part A of Title II Grants Authorized- The Secretary is
authorized to approve modifications to the requirements for Teacher Quality
Enhancement Grants for States and Partnerships under part A of title II of
the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.), at the request
of the grantee--
(1) to assist States and local educational agencies to recruit and retain
highly qualified teachers in a school district located in an area in which
an emergency or major disaster was declared under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act due to the effects
of Hurricane Katrina; and
(2) to assist institutions of higher education, as defined in section 101
of such Act (20 U.S.C. 1001), located in such area to recruit and retain
faculty necessary to prepare teachers and provide professional development.
(j) Waiver Authority To Modify Authorized Uses of TRIO, GEAR-UP, Part A or
B of Title III, and Other Grants- 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 et
seq., 1070a-21 et seq.), under part A or B of title III (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 an area in which an emergency or
major disaster was declared under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act due to the effects of Hurricane Katrina.
(k) 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.
(l) Distance Education Student and Program Eligibility-
(1) PROGRAM ELIGIBILITY- Notwithstanding section 102(a)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a)(3)), an institution of higher education,
other than a foreign institution, that offers education or training programs
principally through distance education shall be considered to meet the definition
of an institution of higher education under section 101 or 102 of the Higher
Education Act of 1965 (20 U.S.C. 1001, 1002) if such institution--
(A) has been evaluated and determined to have the capability to effectively
deliver distance education programs by an accrediting agency or association
that--
(i) is recognized by the Secretary under part H of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1099a et seq.); and
(ii) has evaluation of distance education programs within the scope
of its recognition, as described in section 496(n)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1099b(n)(3));
(B) is otherwise eligible to participate in programs authorized under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
(C) has not had its participation in programs under title IV of the Higher
Education Act of 1965 suspended or terminated within the previous 5 years;
and
(D) has not had, or failed to resolve, an audit finding or program review
finding under the Higher Education Act of 1965 during the 2 years preceding
the year for which the determination is made that, following any appeal
to the Secretary, resulted in the institution being required to repay
an amount that is equal to or greater than 25 percent of the total funds
the institution received under the programs authorized under title IV
of the Higher Education Act of 1965 for the most recent award year.
(2) STUDENT ELIGIBILITY- Notwithstanding any provision of the Higher Education
Act of 1965, an affected student enrolled in a course of instruction at
an institution of higher education that is offered principally through distance
education and leads to a recognized certificate, or associate, baccalaureate,
or graduate degree, conferred by such institution, shall not be considered
to be enrolled in correspondence courses.
SEC. 203. GENERAL WAIVER AUTHORITY AND REQUIRED CONSULTATION.
(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary
may waive or modify any statutory provision of the Higher Education Act
of 1965 or any regulation implementing such Act as the Secretary determines
necessary in connection with the emergency or major disaster that was declared
under section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act due to the effects of Hurricane Katrina.
(2) ACTIONS AUTHORIZED- In carrying out paragraph (1), the Secretary is
authorized to waive or modify any provision described in paragraph (1) as
the Secretary determines necessary to ensure that--
(A) administrative requirements placed on affected students, affected
borrowers, institutions of higher education, 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, to ease the burden on such participants; or
(B) 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 an area
in which an emergency or major disaster was declared under section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
due to the effects of Hurricane Katrina, may be granted temporary relief
from requirements that are rendered infeasible or unreasonable due to
the affects of Hurricane Katrina, including due diligence requirements
and reporting deadlines.
(b) Construction- Nothing in this section shall be construed 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).
(c) Consultation- Prior to granting any waiver or modification under this
section, the Secretary shall consult with the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Education and the Workforce
of the House of Representatives with respect to waivers or modifications under
this section.
SEC. 204. NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.
(a) In General- 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 publish in the Federal Register a notice of the waivers, modifications,
or extensions granted under section 202 or 203.
(b) Terms and Conditions- The notice described in paragraph (1) shall include
information on the waivers, modifications, and extensions granted under section
202 or 203, and shall include the terms and conditions to be applied in lieu
of the statutory and regulatory provisions waived, modified, or extended under
section 202 or 203, respectively.
TITLE III--EMERGENCY AND DISASTER ASSISTANCE TO INDIVIDUALS WITH DISABILITIES
Subtitle A--Assistance for Children With Disabilities
SEC. 311. DEFINITIONS.
(1) IN GENERAL- The terms `child with a disability', `local educational
agency', `related services', and `special education' have the meaning given
such terms in section 602 of the Individuals with Disabilities Education
Act (20 U.S.C. 1401).
(2) AFFECTED BY HURRICANE KATRINA- The term `affected by Hurricane Katrina',
when used with respect to an individual, means an individual who resides
or resided on August 22, 2005 in, or is or was enrolled on August 22, 2005,
in a school located in, an area in which the President has declared that
a major disaster or emergency exists in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) related to Hurricane Katrina.
(3) INFANT OR TODDLER WITH A DISABILITY- The term `infant or toddler with
a disability' has the meaning given such term in section 632 of the Individuals
with Disabilities Education Act (20 U.S.C. 1432).
SEC. 312. USE OF 2004-2005 NUMBERS OF CHILDREN FOR IDEA FUNDING FOR SENDING
STATES.
(a) In General- In calculating funding under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) for the 2005-2006 school year and the
2006-2007 school year for a State that meets the requirements of subsection
(b), the Secretary of Education shall use data from the 2004-2005 school year
to determine the number of children in such State for the purposes of--
(1) subsections (a) and (d)(3) of section 611 of the Individuals with Disabilities
Education Act (20 U.S.C. 1411(a) and (d)(3));
(2) section 619 of the Individuals with Disabilities Education Act (20 U.S.C.
1419), if such State is eligible to receive an allocation under such section;
and
(3) section 643(c) of the Individuals with Disabilities Education Act (20
U.S.C. 1443(c)).
(b) Sending States- A State qualifies under this section if such State--
(1) includes an area in which the President has declared that a major disaster
exists in accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) related to Hurricane
Katrina; and
(2) for the 2005-2006 school year or 2006-2007 school year, has a net loss
of students attending the schools located in the State, as compared with
the 2004-2005 school year.
SEC. 313. SUPPORT FOR LOCAL EDUCATIONAL AGENCIES RECEIVING CHILDREN AFFECTED
BY HURRICANE KATRINA.
(a) Flexibility for Local Educational Agencies- Notwithstanding any other
provision of the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.), for a fiscal year in which funds are appropriated under this section,
the Secretary of Education shall provide a portion (as determined by the Secretary)
of such funds to an eligible local educational agency for the purpose of providing
early intervening services, as described in section 613(f) of such Act (20
U.S.C. 1413(f)), to a student who is affected by Hurricane Katrina--
(1) if the student has not been identified by such agency as needing special
education and related services but has been identified as needing additional
academic and behavioral support; or
(2) if the student's record of receiving special education and related services
are not available but the parent or guardian of the student certifies that
the student received special education and related services at the student's
preceding school, until such time as an eligibility determination under
section 614 of such Act (20 U.S.C. 1414) can be made, except that early
intervening services under this paragraph shall not be provided for more
than 90 days unless the school and parent or guardian agree that progress
is being made toward obtaining the eligibility determination.
(b) Rule of Construction- In the case of a child with a disability who is
affected by Hurricane Katrina and whose records are available to the local
educational agency, nothing in this section shall be construed to supersede
the transfer provisions of section 614(d)(2)(C) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)(2)(C)).
(c) Limitation- An eligible local educational agency providing early intervening
services under this section shall ensure that such services do not interfere
with the special education and related services provided under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) to a child with a
disability who is not affected by Hurricane Katrina and is enrolled in a school
served by the eligible local educational agency.
(d) Definition of Eligible Local Educational Agency- The term `eligible local
educational agency' means a local educational agency that enrolls a student
who is affected by Hurricane Katrina and who relocates to a school served
by the local educational agency.
(e) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2006.
Subtitle B--Assistance for Individuals With Disabilities
SEC. 321. REHABILITATION ACT OF 1973.
(a) Definitions- In this section:
(1) AFFECTED STATE- The term `affected State' means a State that contains
an area, or that received a significant number of individuals who resided
in an area, in which the President has declared that a major disaster exists.
(2) EMERGENCY- The term `emergency' means an emergency declared by the President
in accordance with section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance
241 Act (42 U.S.C. 5170), related to Hurricane Katrina.
(3) INDIVIDUAL WITH A DISABILITY- The term `individual with a disability'
has the meaning given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) INDIVIDUAL WITH A DISABILITY AFFECTED BY HURRICANE KATRINA- The term
`individual with a disability affected by Hurricane Katrina' means an individual
with a disability who--
(A) resided on August 22, 2005 in an area in which the President has declared
that a major disaster exists; and
(B) resides in an area in which the President has declared that an emergency
or major disaster exists.
(5) MAJOR DISASTER- The term `major disaster' means a major disaster declared
by the President in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to
Hurricane Katrina.
(b) Reallotments of Funds-
(1) IN GENERAL- In realloting funds to States under section 110(e)(2) of
the Rehabilitation Act of 1973 (29 U.S.C. 730(e)(2)) for fiscal year 2005
the Secretary shall give preference to affected States.
(2) WAIVERS- If the Secretary reallots funds under section 110(e)(2) of
the Rehabilitation Act of 1973 to an affected State for a fiscal year, the
State may submit an application to the Commissioner of the Rehabilitation
Services Administration requesting a waiver of non-Federal share requirements
applicable to programs under title I of such Act (29 U.S.C. 720 et seq.)
for that fiscal year. The Commissioner shall develop criteria for granting
or denying such applications.
(c) Community Development Apprenticeships- An affected State that receives
reallotted funds as described in subsection (b) may use the funds to pay for
apprenticeship programs (which may include training, mentoring, or job shadowing
opportunities) that contribute to the economic growth and development of communities,
to enable individuals with disabilities affected by Hurricane Katrina to participate
in reconstruction or other major disaster assistance activities in the areas
in which the individuals resided on August 22, 2005.
SEC. 322. ASSISTIVE TECHNOLOGY ACT OF 1998.
(a) Definitions- In this section:
(1) IN GENERAL- The terms defined in section 321(c) have the meanings given
the terms in that section.
(2) ASSISTIVE TECHNOLOGY DEVICE- The term `assistive technology device'
has the meaning given the term in section 3 of the Assistive Technology
Act of 1998 (29 U.S.C. 3002).
(b) Programs- An affected State that receives a grant under section 4 of the
Assistive Technology Act of 1998 (29 U.S.C. 3003) may submit an application
to the Commissioner of the Rehabilitation Services Administration requesting
authority, for a 90-day period, to use the funds made available through the
grant for device reutilization programs, device loan programs, and device
demonstrations, described in that section and for programs that directly provide
assistive technology devices purchased by or donated to the State, in order
to enable individuals with disabilities affected by Hurricane Katrina to replace
assistive technology devices that were damaged or lost in the emergency or
major disaster involved. The Commissioner shall develop criteria for approving
or denying such applications.
(c) Use of Funds- An affected State that, in accordance with authority received
under subsection (b), uses funds made available through such a grant for activities
described in subsection (b) during the 90-day period described in subsection
(b) may treat such funds as having been used to carry out activities under
section 4(e)(2) of the Assistive Technology Act of 1998 (29 U.S.C. 3003(e)(2)),
for purposes of meeting the use of funds requirements of section 4(e) of such
Act (29 U.S.C. 3003(e)).
(1) IN GENERAL- The Secretary may make grants to affected States with approved
applications under subsection (b) to enable the States to carry out programs
described in subsection (b) in order to enable individuals with disabilities
affected by Hurricane Katrina to replace assistive technology devices as
described in that subsection. In the case of a State that receives a grant
under this paragraph, the State may obligate the funds made available through
the grant during the 90-day period applicable to the State under subsection
(b).
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $2,000,000 for fiscal year 2006, to remain
available as necessary to permit obligations described in paragraph (1).
TITLE IV--CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990
SEC. 401. SHORT TITLE.
This title may be cited as the `Child Care Disaster Assistance Act of 2005'.
SEC. 402. WAIVER AUTHORITY TO EXPAND THE AVAILABILITY OF SERVICES UNDER
CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990.
(a) Authority- For such period (ending not later than March 31, 2006), and
to such extent as the Secretary of Health and Human Services considers to
be appropriate, the Secretary may waive the provisions described in subsection
(b) for any area with respect to which the President has determined that an
emergency, or a major disaster, as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), exists,
related to Hurricane Katrina, for the purpose of providing child care services
to children orphaned, or of families displaced, as a result of Hurricane Katrina.
(b) Provisions- The provisions referred to in subsection (a) are provisions
of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.)--
(1) relating to income limitations on eligibility to receive child care
services for which assistance is provided under such Act;
(2) relating to work requirements applicable to eligibility to receive child
care services for which assistance is provided under such Act;
(3) requiring the application of section 658G to States in which an area
described in subsection (a) is located;
(4) requiring a copayment or other cost sharing by the families that receive
child care services for which assistance is provided under such Act; and
(5) preventing children designated as evacuees from receiving priority for
child care services for which assistance is provided under such Act, except
that children residing in an area and currently receiving services on August
22, 2005 shall not lose such services in order to accommodate evacuee children.
SEC. 403. TECHNICAL ASSISTANCE AND GUIDANCE.
The Secretary may assist States to provide technical assistance and guidance
to child care providers who are licensed and regulated, as applicable, by
the States, in order to enable the providers to provide child care services
for children and families described in section 402(a).
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to provide for child care services
for children and families described in section 402(a) as provided for in section
402, and to carry out section 403, $112,000,000 for fiscal year 2006.
TITLE V--HEAD START PROGRAMS
SEC. 501. DEFINITIONS.
(1) CHILDREN AFFECTED BY HURRICANE KATRINA- The term `children affected
by Hurricane Katrina' means a child who is not older than 5 and who resides
or resided on August 22, 2005, in an area in which the President has declared
that a major disaster exists.
(2) IMPACTED HEAD START AGENCIES- The term `impacted Head Start agency'
means a Head Start agency receiving a significant number of children from
an area in which a major disaster has been declared.
(3) MAJOR DISASTER- The term `major disaster' means a major disaster declared
by the President in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to
Hurricane Katrina.
SEC. 502. INCOME ELIGIBILITY AND DOCUMENTATION WAIVERS.
The Secretary of Health and Human Services shall waive requirements of income
eligibility and documentation for children affected by Hurricane Katrina who
participate in Head Start programs and Early Head Start programs funded under
the Head Start Act.
SEC. 503. TECHNICAL ASSISTANCE, GUIDANCE, AND RESOURCES.
The Secretary shall provide technical assistance, guidance, and resources
through the Region 4 and Region 6 offices of the Administration for Children
and Families (and may provide technical assistance, guidance, and resources
through other regional offices of the Administration, at the request of such
offices, that administer impacted Head Start agencies) to Head Start agencies
in areas in which a major disaster has been declared, and to impacted Head
Start agencies, to assist the agencies involved in providing Head Start services
to children affected by Hurricane Katrina.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to provide for Head Start services
(including Early Head Start services) to children affected by Hurricane Katrina
as provided for in section 502, and to carry out section 503, $45,000,000
for fiscal year 2006.
TITLE VI--DEPARTMENT OF EDUCATION INSPECTOR GENERAL AUDIT AND REPORT
SEC. 601. DEPARTMENT OF EDUCATION INSPECTOR GENERAL AUDIT AND REPORT.
(a) In General- The Inspector General of the Department of Education (referred
to in this section as the `Inspector General') shall conduct an audit and
investigation of each program carried out by the Department of Education that
includes response and recovery activities related to Hurricane Katrina.
(b) Weekly Report- Not less frequently than once a week, the Inspector General
shall provide 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 listing the audits and investigations initiated pursuant
to subsection (a).
(c) Status Report- Not later than 6 months after the date of enactment of
this section, and biannually thereafter until the audits and investigations
described in subsection (a) are complete, the Inspector General shall 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
on the full status of the activities of the Inspector General under this section.
(d) Cooperative Ventures- In carrying out this section, the Inspector General
is encouraged to enter into cooperative ventures with Inspectors General of
other Federal agencies.
Calendar No. 213
109th CONGRESS
1st Session
S. 1715
A BILL
To provide relief for students and institutions affected by Hurricane Katrina,
and for other purposes.
September 19, 2005
Read the second time and placed on the calendar
END
