text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Public School Emergency Relief 
  Act''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds the following:
              (1) In 2014, the United States experienced an unprecedented 
          influx in arrivals of unaccompanied alien children.
              (2) Between January 1, 2014, and July 31, 2014, the 
          Department of Health and Human Services Office of Refugee 
          Resettlement released 37,477 unaccompanied alien children to 
          sponsors nationwide.
              (3) Federal law, as upheld by the Supreme Court decision 
          Plyer v. Doe, permits all children residing in the United 
          States access to a public elementary and secondary education 
          regardless of their immigration status.
              (4) An unprecedented influx of unaccompanied alien children 
          has resulted in a strain on the Nation's public school system.
              (5) In response to these conditions, this Act creates an 
          emergency grant for the 2014-2015 school year tailored to the 
          needs of local educational agencies affected by enrollment 
          increases attributable to unaccompanied alien children.
  
  SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMIGRANT STUDENTS.
  
      (a) Temporary Emergency Impact Aid Authorized.--
              (1) Aid to state educational agencies.--From amounts 
          appropriated to carry out this Act, the Secretary of Education 
          shall provide emergency impact aid to State educational 
          agencies to enable the State educational agencies to make 
          emergency impact aid payments to eligible local educational 
          agencies and eligible BIA-funded schools to enable such 
          eligible local educational agencies and schools to provide for 
          the instruction of students served by such agencies and 
          schools.
              (2) Aid to local educational agencies and bia-funded 
          schools.--A State educational agency shall make emergency 
          impact aid payments to eligible local educational agencies and 
          eligible BIA-funded schools in accordance with subsection (c).
              (3) Notice of funds availability.--Not later than 14 
          calendar days after the date of enactment of this Act, the 
          Secretary of Education shall publish in the Federal Register a 
          notice of the availability of funds under this section.
      (b) Application.--
              (1) State educational agency.--A State educational agency 
          that desires to receive emergency impact aid under this section 
          shall submit an application to the Secretary of Education, not 
          later than 7 calendar days after the date by which an 
          application under paragraph (2) must be submitted, in such 
          manner, and accompanied by such information as the Secretary of 
          Education may reasonably require, including information on the 
          total immigrant student child count of the State provided by 
          eligible local educational agencies in the State and eligible 
          BIA-funded schools in the State under paragraph (2).
              (2) Local educational agencies and bia-funded schools.--An 
          eligible local educational agency or eligible BIA-funded school 
          that desires an emergency impact aid payment under this section 
          shall submit an application to the State educational agency, 
          not later than 14 calendar days after the date of the 
          publication of the notice described in subsection (a)(3), in 
          such manner, and accompanied by such information as the State 
          educational agency may reasonably require, including 
          documentation submitted quarterly for the 2014-2015 school year 
          that indicates the following:
                      (A) In the case of an eligible local educational 
                  agency, the number of immigrant students enrolled in 
                  the elementary schools and secondary schools (including 
                  charter schools) served by such agency for such 
                  quarter.
                      (B) In the case of an eligible BIA-funded school, 
                  the number of immigrant students enrolled in such 
                  school for such quarter.
              (3) Determination of number of immigrant students.--In 
          determining the number of immigrant students for a quarter 
          under paragraph (2), an eligible local educational agency or 
          eligible BIA-funded school shall include the number of 
          immigrant students served--
                      (A) in the case of a determination for the first 
                  quarterly installment, during the quarter prior to the 
                  date of enactment of this Act; and
                      (B) in the case of a determination for each 
                  subsequent quarterly installment, during the quarter 
                  immediately preceding the quarter for which the 
                  installment is provided.
      (c) Amount of Emergency Impact Aid.--
              (1) Aid to state educational agencies.--
                      (A) In general.--The amount of emergency impact aid 
                  received by a State educational agency for the 2014-
                  2015 school year shall equal the product of--
                              (i) the increase (if any) in the number of 
                          immigrant students--
                                      (I) as determined by the eligible 
                                  local educational agencies and eligible 
                                  BIA-funded schools in the State under 
                                  subsection (b)(2); over
                                      (II) the number of such students 
                                  enrolled during the corresponding 
                                  quarter of the 2012-2013 school year; 
                                  and
                              (ii) $12,000.
                      (B) Insufficient funds.--If the amount available 
                  under this section to provide emergency impact aid 
                  under this subsection is insufficient to pay the full 
                  amount that a State educational agency is eligible to 
                  receive under this section, the Secretary of Education 
                  shall ratably reduce the amount of such emergency 
                  impact aid.
                      (C) Retention of state share.--In the case of a 
                  State educational agency that has made a payment prior 
                  to the date of enactment of this Act to a local 
                  educational agency for the purpose of covering 
                  additional costs incurred as a result of enrolling an 
                  immigrant student in a school served by the local 
                  educational agency, the State educational agency may 
                  retain a portion of the payment described in paragraph 
                  (2)(A)(ii) that bears the same relation to the total 
                  amount of the payment under such paragraph as the sum 
                  of such prior payments bears to the total cost of 
                  attendance for all students in that local educational 
                  agency for whom the State educational agency made such 
                  prior payments.
              (2) Aid to eligible local educational agencies and eligible 
          bia-funded schools.--
                      (A) Quarterly installments.--
                              (i) In general.--A State educational agency 
                          shall provide emergency impact aid payments 
                          under this section on a quarterly basis for the 
                          2014-2015 school year by such dates as 
                          determined by the Secretary of Education. Such 
                          quarterly installment payments shall be based 
                          on the number of immigrant students reported 
                          under subsection (b)(2).
                              (ii) Payment amount.--Subject to paragraph 
                          (1)(B), each quarterly installment payment 
                          under clause (i) shall equal 25 percent of the 
                          amount determined under paragraph (1)(A).
                              (iii) Timeline.--The Secretary of Education 
                          shall establish a timeline for quarterly 
                          reporting on the number of immigrant students 
                          in order to make the appropriate disbursements 
                          in a timely manner.
                              (iv) Insufficient funds.--If, for any 
                          quarter, the amount available under this 
                          section to make payments under this subsection 
                          is insufficient to pay the full amount that an 
                          eligible local educational agency or eligible 
                          BIA-funded school is eligible to receive under 
                          this section, the State educational agency 
                          shall ratably reduce the amount of such 
                          payments.
              (3) Immigrant students.--Subject to the subsection (d), an 
          eligible local educational agency or eligible BIA-funded school 
          receiving emergency impact aid payments under this section 
          shall use the payments to provide services and assistance to 
          elementary schools and secondary schools (including charter 
          schools) served by such agency, or to such BIA-funded school, 
          that enrolled an immigrant student.
      (d) Use of Funds.--
              (1) Authorized uses.--The authorized uses of funds are the 
          following:
                      (A) Paying the compensation of personnel, including 
                  teacher aides, in schools enrolling immigrant students.
                      (B) Identifying and acquiring curricular material, 
                  including the costs of providing additional classroom 
                  supplies, and mobile educational units and leasing 
                  sites or spaces.
                      (C) Basic instructional services for such students, 
                  including tutoring, mentoring, or academic counseling.
                      (D) Reasonable transportation costs.
                      (E) Health and counseling services.
                      (F) Education and support services.
                      (G) Other uses as allowed under title III of the 
                  Elementary and Secondary Education Act of 1965 (20 
                  U.S.C. 6801 et seq.).
              (2) Provision of special education and related services.--
                      (A) In general.--In the case of an immigrant 
                  student who is a child with a disability, any payment 
                  made on behalf of such student to an eligible local 
                  educational agency shall be used to pay for special 
                  education and related services consistent with the 
                  Individuals with Disabilities Education Act (20 U.S.C. 
                  1400 et seq.).
                      (B) Definitions.--In subparagraph (A), the terms 
                  ``child with a disability'', ``special education'', and 
                  ``related services'' have the meaning given such terms 
                  in section 602 of the Individuals with Disabilities 
                  Education Act (20 U.S.C. 1401).
      (e) Return of Aid.--
              (1) Eligible local educational agency or eligible bia-
          funded school.--An eligible local educational agency or 
          eligible BIA-funded school that receives an emergency impact 
          aid payment under this section shall return to the State 
          educational agency any payment provided to the eligible local 
          educational agency or school under this section that the 
          eligible local educational agency or school has not obligated 
          by the end of the 2014-2015 school year in accordance with this 
          section.
              (2) State educational agency.--A State educational agency 
          that receives emergency impact aid under this section, shall 
          return to the Secretary of Education--
                      (A) any aid provided to the agency under this 
                  section that the agency has not obligated by the end of 
                  the 2014-2015 school year in accordance with this 
                  section; and
                      (B) any payment funds returned to the State 
                  educational agency under paragraph (1).
      (f) Limitation on Use of Aid and Payments.--Aid and payments 
  provided under this section shall only be used for expenses incurred 
  during the 2014-2015 school year.
      (g) Administrative Expenses.--A State educational agency that 
  receives emergency impact aid under this section may use not more than 
  1 percent of such aid for administrative expenses. An eligible local 
  educational agency or eligible BIA-funded school that receives 
  emergency impact aid payments under this section may use not more than 
  2 percent of such payments for administrative expenses.
      (h) Special Funding Rule.--In calculating funding under section 
  8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
  7703) for an eligible local educational agency that receives an 
  emergency impact aid payment under this section, the Secretary of 
  Education shall not count immigrant students served by such agency for 
  whom an emergency impact aid payment is received under this section, 
  nor shall such students be counted for the purpose of calculating the 
  total number of children in average daily attendance at the schools 
  served by such agency as provided in section 8003(b)(3)(B)(i) of such 
  Act (20 U.S.C. 7703(b)(3)(B)(i)).
      (i) Nondiscrimination.--
              (1) In general.--Nothing in this Act may be construed to 
          alter or modify the provisions of the Individuals with 
          Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI 
          of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
          title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
          seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
          seq.).
              (2) Prohibition.--A school that enrolls an immigrant 
          student under this section shall not discriminate against 
          students on the basis of race, color, national origin, 
          religion, disability, or sex.
              (3) Rule of construction.--The amount of any payment (or 
          other form of support provided on behalf of an immigrant 
          student) under this section shall not be treated as income of a 
          parent or guardian of the student for purposes of Federal tax 
          laws or for determining eligibility for any other Federal 
          program.
      (j) Treatment of State Aid.--A State shall not take into 
  consideration emergency impact aid payments received under this section 
  by a local educational agency in the State in determining the 
  eligibility of such local educational agency for State aid, or the 
  amount of State aid, with respect to free public education of children.
  
  SEC. 4. DEFINITIONS.
  
      (a) In General.--Unless otherwise specified, the terms used in this 
  Act have the meanings given the terms in section 9101 of the Elementary 
  and Secondary Education Act of 1965 (20 U.S.C. 7801).
      (b) Specific Definitions.--In this Act:
              (1) Eligible local educational agency.--The term ``eligible 
          local educational agency'' means a local educational agency 
          that serves an elementary school or secondary school (including 
          a charter school) in which there is enrolled an immigrant 
          student.
              (2) Eligible bia-funded school.--The term ``eligible BIA-
          funded school'' means a school funded by the Bureau of Indian 
          Affairs in which there is enrolled an immigrant student.
              (3) Immigrant student.--The term ``immigrant student'' has 
          the meaning given the term ``immigrant children and youth'' in 
          section 3301 of the Elementary and Secondary Education Act of 
          1965 (20 U.S.C. 7011).
target: Public School Emergency Relief Act - Directs the Secretary of Education to provide emergency impact aid payments to states and, through them, to local educational agencies and Indian schools for each quarter of the 2014-2015 school year for any increase in the enrollment of immigrant children from the corresponding quarter of the 2012-2013 school year. Requires the payments to be used to provide services and assistance to schools that enroll immigrant students.  Authorizes the funds to be used for:  compensating school personnel, identifying and acquiring curricular material and mobile educational units and leasing sites or spaces, basic instructional services for immigrant students, reasonable transportation costs, health and counseling services, education and support services, and other uses allowed under title III (Language Instruction for Limited English Proficient and Immigrant Students) of the Elementary and Secondary Education Act of 1965.  Requires any payment made on behalf of a disabled immigrant student to be used for special education and related services. Prohibits the use of the emergency impact aid for any expenses that are not incurred during the 2014-2015 school year.
feat_title: Public School Emergency Relief Act