Page:United States Statutes at Large Volume 119.djvu/2816

 119 STAT. 2798

PUBLIC LAW 109–148—DEC. 30, 2005

SEC. 107. TEMPORARY EMERGENCY IMPACT AID FOR DISPLACED STUDENTS.

Deadline. Federal Register, publication.

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(a) TEMPORARY EMERGENCY IMPACT AID AUTHORIZED.— (1) AID TO STATE EDUCATIONAL AGENCIES.—From amounts appropriated to carry out this subtitle, 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— (A) such eligible local educational agencies and schools to provide for the instruction of students served by such agencies and schools; and (B) such eligible local educational agencies to make immediate impact aid payments to accounts established on behalf of displaced students (referred to in this section as ‘‘accounts’’) who are attending eligible non-public schools located in the areas served by the eligible local educational agencies. (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 (d). (3) STATE EDUCATIONAL AGENCIES IN CERTAIN STATES.— In the case of the States of Louisiana and Mississippi, the State educational agency shall carry out the activities of eligible local educational agencies that are unable to carry out this section, including eligible local educational agencies in such States for which the State exercises the authorities normally exercised by such local educational agencies. (4) 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) DEFINITIONS.—In this section: (1) DISPLACED STUDENT.—The term ‘‘displaced student’’ means a student who enrolled in an elementary school or secondary school (other than the school that the student was enrolled in, or was eligible to be enrolled in, on August 22, 2005) 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 or Hurricane Rita. (2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—The term ‘‘eligible local educational agency’’ means a local educational agency that serves— (A) an elementary school or secondary school (including a charter school) in which there is enrolled a displaced student; or (B) an area in which there is located an eligible nonpublic school. (3) ELIGIBLE NON-PUBLIC SCHOOL.—The term ‘‘eligible nonpublic school’’ means a non-public elementary school or secondary school that— (A) is accredited or licensed or otherwise operates in accordance with State law; (B) was in existence on August 22, 2005; and

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