Sec. 401 Purpose
Section 8001 (20 U.S.C. 7701) is amended by striking “challenging State standards” and inserting “State academic standards”.
Title IV — Impact Aid
IV Impact Aid
Sec. 402 Payments relating to Federal acquisition of real property
Section 8002 (20 U.S.C. 7702) is amended—
in subsection (a)(1)(C), by amending the matter preceding clause (i) to read as follows:
“(C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of—”
in subsection (b)(1)(B), by striking “section 8014(a)” and inserting “section 3(d)(1)”; and
by amending subsection (f) to read as follows:
“(f) Special Rule—Beginning with fiscal year 2014, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if records to determine eligibility under such subsection were destroyed prior to fiscal year 2000 and the agency received funds under subsection (b) in the previous year.”
by amending subsection (g) to read as follows:
“(g) Former Districts
“(1) Consolidations—For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of two 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 such 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 described in this paragraph is—
“(A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for, and was determined to be eligible under section 2(c) of the Act of September 30, 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 school districts, at least one 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 agency notifies the Secretary not later than 30 days after the date of enactment of the Student Success Act of the designation described in paragraph (1); and
“(ii) for fiscal year 2014, and each 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 fiscal year 2005, the Secretary may obligate funds remaining after final payments have been made for any of such fiscal years to carry out this subsection.”
in subsection (h)—
in paragraph (2)—
in subparagraph (C)(ii), by striking “section 8014(a)” and inserting “section 3(d)(1)”; and
in subparagraph (D), by striking “section 8014(a)” and inserting “section 3(d)(1)”; and
in paragraph (4), by striking “Impact Aid Improvement Act of 2012” and inserting “Student Success Act”;
by repealing subsections (k) and (m);
by redesignating subsection (l) as subsection (j);
by amending subsection (j) (as so redesignated) by striking “(h)(4)(B)” and inserting “(h)(2)”; and
by redesignating subsection (n) as subsection (k).
Sec. 403 Payments for eligible federally connected children
in the matter preceding subparagraph (A) of paragraph (1), by inserting after “schools of such agency” the following: “(including those children enrolled in such agency as a result of the open enrollment policy of the State in which the agency is located, but not including children who are enrolled in a distance education program at such agency and who are not residing within the geographic boundaries of such agency)”; and
in paragraph (5)(A), by striking “1984” and all that follows through “situated” and inserting “1984, 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”.
Basic support payments for heavily impacted local educational agencies— Section 8003(b) (20 U.S.C. 7703(b)) is amended—
by striking “section 8014(b)” each place it appears and inserting “section 3(d)(2)”;
in paragraph (1), by repealing subparagraph (E);
in paragraph (2)—
in subparagraph (A), by inserting at the end the following:
“(iii) The Secretary shall—
“(I) deem each local educational agency that received a basic support payment under this paragraph for fiscal year 2009 as eligible to receive a basic support payment under this paragraph for fiscal years 2012 and 2013; and
“(II) make a payment to each such local educational agency under this paragraph for fiscal years 2012 and 2013.”
in subparagraph (B)—
by striking “continuing” in the heading;
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—
“(aa) whose boundaries are the same as a Federal military installation or an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and
“(bb) that has no taxing authority;
“(II) is a local educational agency that—
“(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 45 percent;
“(bb) 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 any agency that has a total student enrollment 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) is an agency that—
“(AA) has a tax rate for general fund purposes that is not less than 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 for local educational agencies;
“(III) is a local educational agency that—
“(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 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State;
“(IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which—
“(aa) not less than 50 percent are children described in subsection (a)(1); and
“(bb) not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or
“(V) is a local educational agency that—
“(aa) 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 is not less than 35 percent of the total student enrollment of the agency; and
“(bb) was eligible to receive assistance under subparagraph (A) for fiscal year 2001.”
in clause (ii)—
by striking “A heavily” and inserting the following:
“(I) In general—Subject to subclause (II), a heavily”
by adding at the end the following:
“(II) Loss of eligibility due to falling below 95 percent of the average tax rate for general fund purposes—In a case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support payment under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii).”
by striking subparagraph (C);
by redesignating subparagraphs (D) through (H) as subparagraphs (C) through (G), respectively;
in subparagraph (C) (as so redesignated)—
in the heading, by striking “regular”;
by striking “Except as provided in subparagraph (E)” and inserting “Except as provided in subparagraph (D)”;
by amending subclause (I) of clause (ii) to read as follows:
“(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 that 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) Notwithstanding subitem (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency’s total enrollment.”
by amending subclause (III) of clause (ii) by striking “(B)(i)(II)(aa)” and inserting “subparagraph (B)(i)(I)”;
in subparagraph (D)(i)(II) (as so redesignated), by striking “6,000” and inserting “5,500”;
in subparagraph (E) (as so redesignated)—
by striking “Secretary” and all that follows through “shall use” and inserting “Secretary shall use”;
by striking “; and” and inserting a period; and
by striking clause (ii);
in subparagraphs (F) (as so redesignated), by striking “subparagraph (C)(i)(II)(bb)” and inserting “subparagraph (B)(i)(II)(bb)(BB)”;
in subparagraph (G) (as so redesignated)—
in clause (i)—
by striking “subparagraph (B), (C), (D), or (E)” and inserting “subparagraph (B), (C), or (D)”;
by striking “by reason of” and inserting “due to”;
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
by inserting before the period, the following: “or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing”; and
in clause (ii), by striking “(D) or (E)” each place it appears and inserting “(C) or (D)”;
in paragraph (3)—
in subparagraph (B)—
by amending clause (iii) to read as follows:
“(iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, but which enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and which received a final payment in fiscal year 2009 calculated under this paragraph (as this paragraph was in effect on the day before the date of enactment of the Student Success Act) for students in grades 9 through 12, the Secretary shall, in calculating the agency’s payment, consider only that portion of such agency’s total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II).”
by adding at the end the following:
“(v) In the case of a local educational agency that is providing a program of distance education to children not residing within the geographic boundaries of the agency, the Secretary shall—
“(I) for purposes of the calculation under clause (i)(I), disregard such children from the total number of children in average daily attendance at the schools served by such agency; and
“(II) for purposes of the calculation under clause (i)(II), disregard any funds received for such children from the total current expenditures for such agency.”
in subparagraph (C), by striking “subparagraph (D) or (E) of paragraph (2), as the case may be” and inserting “paragraph (2)(D)”; and
by amending subparagraph (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 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.”
by inserting at the end the following new subparagraphs:
“(E) Insufficient payments—For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(d)(2) are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in subparagraph (D), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph.
“(F) Increases—If the sums appropriated under section 3(d)(2) are sufficient to increase the threshold payment above the 100 percent threshold payment described in subparagraph (D), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection.”
in paragraph (4)—
in subparagraph (A), by striking “through (D)” and inserting “and (C)”; and
in subparagraph (B), by striking “subparagraph (D) or (E)” and inserting “subparagraph (C) or (D)”.
Prior year data— Paragraph (2) of section 8003(c) (20 U.S.C. 7703(c)) is amended 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 the heads of 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) subparagraphs (F) and (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 the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or
“(C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)—
“(i) of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such children; 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.”
Children with disabilities— Section 8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking “section 8014(c)” and inserting “section 3(d)(3)”.
by amending paragraph (1) to read as follows:
“(1) In general—Subject to paragraph (2), the total amount the Secretary shall pay a local educational agency under subsection (b)—
“(A) for fiscal year 2014, 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;
“(B) for fiscal year 2015, 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; and
“(C) for fiscal year 2016, shall not be less than 80 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.”
by amending paragraph (2) to read as follows:
“(2) Maximum amount—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 payment amount for such agency determined under paragraph (1) or (2) of subsection (b), as the case may be, for such fiscal year.”
Maintenance of effort— Section 8003 (20 U.S.C. 7703) is amended by striking subsection (g).
Sec. 404 Policies and procedures relating to children residing on Indian lands
Section 8004(e)(9) is amended by striking “Bureau of Indian Affairs” and inserting “Bureau of Indian Education”.
Sec. 405 Application for payments under sections 8002 and 8003
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter preceding paragraph (1) by striking “and shall contain such information,”.
Sec. 406 Construction
Section 8007 (20 U.S.C. 7707) is amended—
in subsection (a)—
in paragraph (1), by striking “section 8014(e)” and inserting “section 3(d)(4)”;
in paragraph (2), by adding at the end the following:
“(C) The agency is eligible under section 4003(b)(2) or is receiving basic support payments under circumstances described in section 4003(b)(2)(B)(ii).”
in paragraph (3), by striking “section 8014(e)” each place it appears and inserting “section 3(d)(4)”; and
in subsection (b)—
in paragraph (1), by striking “section 8014(e)” and inserting “section 3(d)(4)”;
in paragraph (3)—
in subparagraph (C)(i)(I), by adding at the end the following:
“(cc) At least 10 percent of the property in the agency is exempt from State and local taxation under Federal law.”
by adding at the end the following:
“(F) Limitations on eligibility requirements—The Secretary shall not limit eligibility—
“(i) under subparagraph (C)(i)(I)(aa), to those local educational agencies in which the number of children determined under section 8003(a)(1)(C) for each such agency for the preceding school year constituted more than 40 percent of the total student enrollment in the schools of each such agency during the preceding school year; and
“(ii) under subparagraph (C)(i)(I)(cc), to those local educational agencies in which more than 10 percent of the property in each such agency is exempt from State and local taxation under Federal law.”
in paragraph (6)—
in the matter preceding subparagraph (A), by striking “in such manner, and accompanied by such information” and inserting “and in such manner”; and
by striking subparagraph (F); and
by striking paragraph (7).
Sec. 407 Facilities
Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by striking “section 8014(f)” and inserting “section 3(d)(5)”.
Sec. 408 State consideration of payments providing State aid
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by striking “and contain the information”.
Sec. 409 Federal administration
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, by striking “section 8014” and inserting “section 3(d)”.
Sec. 410 Administrative hearings and judicial review
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking “or under the Act” and all the follows through “1994)”.
Sec. 411 Definitions
Section 8013 (20 U.S.C. 7713) is amended—
in paragraph (1), by striking “and Marine Corps” and inserting “Marine Corps, and Coast Guard”;
in paragraph (4), by striking “and title VI”;
in paragraph (5)(A)(iii)—
in subclause (II), by striking “Stewart B. McKinney Homeless Assistance Act” and inserting “McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411)”; and
in subclause (III), by inserting before the semicolon, “(25 U.S.C. 4101 et seq.)”;
in paragraph (8)(A), by striking “and verified by” and inserting “, and verified by,”; and
in paragraph (9)(B), by inserting a comma before “on a case-by-case basis”.
Sec. 412 Authorization of appropriations
Section 8014 (20 U.S.C. 7801) is repealed.
Sec. 413 Conforming amendments
Impact Aid Improvement Act of 2012— Subsection (c) of the Impact Aid Improvement Act of 2012 (20 U.S.C. 6301 note; Public Law 112–239; 126 Stat 1748) is amended—
by striking paragraphs (1) and (4); and
by redesignating paragraphs (2) and (3), as paragraphs (1) and (2), respectively.
Repeal— Title IV (20 U.S.C. 7101 et seq.), as amended by section 501(b)(2) of this Act, is repealed.
Transfer and redesignation— Title VIII (20 U.S.C. 7701 et seq.), as amended by this title, is redesignated as title IV (20 U.S.C. 7101 et seq.), and transferred and inserted after title III (as amended by this Act).
by redesignating sections 8001 through 8005 as sections 4001 through 4005, respectively;
by redesignating sections 8007 through 8013 as sections 4007 through 4013, respectively;
by striking “section 8002” each place it appears and inserting “section 4002”;
by striking “section 8002(b)” each place it appears and inserting “section 4002(b)”;
by striking “section 8003” each place it appears and inserting “section 4003”, respectively;
by striking “section 8003(a)” each place it appears and inserting “section 4003(a)”;
by striking “section 8003(a)(1)” each place it appears and inserting “section 4003(a)(1)”;
by striking “section 8003(a)(1)(C)” each place it appears and inserting “section 4003(a)(1)(C)”;
by striking “section 8002(a)(2)” each place it appears and inserting “section 4002(a)(2)”;
by striking “section 8003(b)” each place it appears and inserting “section 4003(b)”;
by striking “section 8003(b)(1)” each place it appears and inserting “section 4003(b)(1)”;
in section 4002(b)(1)(C) (as so redesignated), by striking “section 8003(b)(1)(C)” and inserting “section 4003(b)(1)(C)”;
in section 4002(k)(1) (as so redesignated), by striking “section 8013(5)(C)(iii)” and inserting “section 4013(5)(C)(iii)”;
in section 4005 (as so redesignated)—
in the section heading, by striking “8002 and 8003” and inserting “4002 and 4003”;
by striking “or 8003” each place it appears and inserting “or 4003”;
in subsection (b)(2), by striking “section 8004” and inserting “section 4004”; and
in subsection (d)(2), by striking “section 8003(e)” and inserting “section 4003(e)”;
in section 4007(a)(3)(A)(i)(II) (as so redesignated), by striking “section 8008(a)” and inserting “section 4008(a)”;
in section 4007(a)(4) (as so redesignated), by striking “section 8013(3)” and inserting “section 4013(3)”; and
in section 4009 (as so redesignated)—
in subsection (b)(1)—
by striking “or 8003(b)” and inserting “or 4003(b)”;
by striking “section 8003(a)(2)(B)” and inserting “section 4003(a)(2)(B)”; and
by striking “section 8003(b)(2)” each place it appears and inserting “section 4003(b)(2)”;
by striking “section 8011(a)” each place it appears and inserting “section 4011(a)”; and
in section 4010(c)(2)(D) (as so redesignated) by striking “section 8009(b)” and inserting “section 4009(b)”.