SEC. 7007.
CONSTRUCTION
Section Summary
ESSA
SEC. 7007. CONSTRUCTION.
Section 7007, as redesignated and amended by section 7001 of this
Act, <<NOTE: 20 USC 7707.>> is further amended--
(1) in subsection (a)--
(A) in paragraph (3)(A)(i)--
(i) by redesignating the first subclause (II)
as subclause (I);
(ii) in subclause (II), by striking ``section
8008(a)'' and inserting ``section 7008(a)''; and
(B) in paragraph (4), by striking ``section
8013(3)'' and inserting ``section 7013(3)''; and
(2) in subsection (b)--
(A) in paragraph (3)(C)(i)(I), by adding at the end
the following:
``(cc) Not less than 10 percent of
the property acreage in the agency is
exempt from State and local taxation
under Federal law.''; and
(B) in paragraph (6)--
(i) in the matter preceding subparagraph (A),
by striking ``, in such manner, and accompanied by
such information'' and inserting ``and in such
manner'';
(ii) in subparagraph (A), by inserting before
the period at the end the following: ``, and
containing such additional information as may be
necessary to meet any award criteria for a grant
under this subsection as provided by any other
Act''; and
(iii) by striking subparagraph (F).
NCLB Text
SEC. 803. CONSTRUCTION.
Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as follows:
``(b) School Facility Emergency and Modernization Grants
Authorized.--
``(1) In general.--From 60 percent of the amount
appropriated for each fiscal year under section 8014(e), the
Secretary--
``(A) shall award emergency grants in accordance
with this subsection to eligible local educational
agencies to enable the agencies to carry out emergency
repairs of school facilities; and
``(B) shall award modernization grants in accordance
with this subsection to eligible local educational
agencies to enable the agencies to carry out the
modernization of school facilities.
``(2) Priority.--In approving applications from local
educational agencies for emergency grants and modernization
grants under this subsection, the Secretary shall give priority
to applications in accordance with the following:
``(A) The Secretary shall first give priority to
applications for emergency grants from local educational
agencies that meet the requirements of paragraph (3)(A)
and, among such applications for emergency grants, shall
give priority to those applications of local educational
agencies based on the severity of the emergency, as
determined by the Secretary.
``(B) The Secretary shall next give priority to
applications for emergency grants from local educational
agencies that meet the requirements of subparagraph (C)
or (D) of paragraph (3) and, among such applications for
emergency grants, shall give priority to those
applications of local educational agencies based on the
severity of the emergency, as determined by the
Secretary.
``(C) The Secretary shall next give priority to
applications for modernization grants from local
educational agencies that meet the requirements of
paragraph (3)(B) and, among such applications for
modernization grants, shall give priority to those
applications of local educational agencies based on the
severity of the need for modernization, as determined by
the Secretary.
``(D) The Secretary shall next give priority to
applications for modernization grants from local
educational agencies that meet the requirements of
subparagraph (C) or (D) of paragraph (3) and, among such
applications for modernization grants, shall give
priority to those applications of local educational
agencies based on the severity of the need for
modernization, as determined by the Secretary.
``(3) Eligibility requirements.--
``(A) Emergency grants.--A local educational agency
is eligible to receive an emergency grant under
paragraph (2)(A) if--
[[Page 115 STAT. 1951]]
``(i) the agency (or in the case of a local
educational agency that does not have the
authority to tax or issue bonds, the agency's
fiscal agent)--
``(I) has no practical capacity to
issue bonds;
``(II) has minimal capacity to issue
bonds and is at not less than 75 percent
of the agency's limit of bonded
indebtedness; or
``(III) does not meet the
requirements of subclauses (I) and (II)
but is eligible to receive funds under
section 8003(b)(2) for the fiscal year;
and
``(ii) the agency is eligible to receive
assistance under subsection (a) for the fiscal
year and has a school facility emergency, as
determined by the Secretary, that poses a health
or safety hazard to the students and school
personnel assigned to the school facility.
``(B) Modernization grants.--A local educational
agency is eligible to receive a modernization grant
under paragraph (2)(C) if--
``(i) the agency is eligible to receive
assistance under this title for the fiscal year;
``(ii) the agency (or in the case of a local
educational agency that does not have the
authority to tax or issue bonds, the agency's
fiscal agent) meets the requirements of subclause
(I), (II), or (III) of subparagraph (A)(i); and
``(iii) the agency has facility needs
resulting from the presence of the Federal
Government, such as the enrollment of federally
connected children, the presence of tax-exempt
Federal property, or an increase in enrollment due
to the expansion of Federal activities, housing
privatization, or the acquisition of Federal
property.
``(C) Additional eligibility for emergency and
modernization grants.--(i) A local educational agency is
eligible to receive an emergency grant or a
modernization grant under subparagraph (B) or (D) of
paragraph (2), respectively, if the agency meets the
following requirements:
``(I) The agency receives a basic support
payment under section 8003(b) for the fiscal year
and the agency meets at least one of the following
requirements:
``(aa) The number of children
determined under section 8003(a)(1)(C)
for the agency for the preceding school
year constituted at least 40 percent of
the total student enrollment in the
schools of the agency during the
preceding school year.
``(bb) The number of children
determined under subparagraphs (B) and
(D)(i) of section 8003(a)(1) for the
agency for the preceding school year
constituted at least 40 percent of the
total student enrollment in the schools
of the agency during the preceding
school year.
``(II) The agency (or in the case of a local
educational agency that does not have the
authority to tax or issue bonds, the agency's
fiscal agent) is at
[[Page 115 STAT. 1952]]
not less than 75 percent of the agency's limit of
bonded indebtedness.
``(III) The agency has an assessed value of
real property per student that may be taxed for
school purposes that is less than the average of
the assessed value of real property per student
that may be taxed for school purposes in the State
in which the local educational agency is located.
``(ii) A local educational agency is also eligible
to receive a modernization grant under this subparagraph
if the agency is eligible to receive assistance under
section 8002 for the fiscal year and meets the
requirements of subclauses (II) and (III) of clause (i).
``(D) Special rule.--
``(i) In general.--Any school described in
clause (ii) that desires to receive an emergency
grant or a modernization grant under subparagraph
(B) or (D) of paragraph (2), respectively, shall,
except as provided in the following sentence,
submit an application in accordance with paragraph
(6), and shall otherwise be treated as a local
educational agency for the purpose of this
subsection. The school shall submit an application
for the grant to the local educational agency of
such school and the agency shall submit the
application on behalf of the school to the
Secretary.
``(ii) School described.--A school described
in this clause is a school that meets the
following requirements:
``(I) The school is located within
the geographic boundaries of a local
educational agency that does not meet
the applicable eligibility requirements
under subparagraph (A), (B), or (C) for
a grant under this subsection.
``(II) The school meets at least one
of the following requirements:
``(aa) The number of
children determined under
section 8003(a)(1)(C) for the
school for the preceding school
year constituted at least 40
percent of the total student
enrollment in the school during
the preceding school year.
``(bb) The number of
children determined under
subparagraphs (B) and (D)(i) of
section 8003(a)(1) for the
school for the preceding school
year constituted at least 40
percent of the total student
enrollment in the school during
the preceding school year.
``(III) The school is located within
the geographic boundaries of a local
educational agency that meets the
requirements of subclauses (II) and
(III) of subparagraph (C)(i).
``(E) Rule of construction.--For purposes of
subparagraph (A)(i), a local educational agency--
``(i) has no practical capacity to issue bonds
if the total assessed value of real property that
may be taxed for school purposes is less than
$25,000,000; and
[[Page 115 STAT. 1953]]
``(ii) has minimal capacity to issue bonds if
the total assessed value of real property that may
be taxed for school purposes is at least
$25,000,000 but not more than $50,000,000.
``(4) Award criteria.--In awarding emergency grants and
modernization grants under this subsection, the Secretary shall
consider the following factors:
``(A) The ability of the local educational agency to
respond to the emergency, or to pay for the
modernization project, as the case may be, as measured
by--
``(i) the agency's level of bonded
indebtedness;
``(ii) the assessed value of real property per
student that may be taxed for school purposes
compared to the average of the assessed value of
real property per student that may be taxed for
school purposes in the State in which the agency
is located;
``(iii) the agency's total tax rate for school
purposes (or, if applicable, for capital
expenditures) compared to the average total tax
rate for school purposes (or the average capital
expenditure tax rate, if applicable) in the State
in which the agency is located; and
``(iv) funds that are available to the agency,
from any other source, including subsection (a),
that may be used for capital expenditures.
``(B) The percentage of property in the agency that
is nontaxable due to the presence of the Federal
Government.
``(C) The number and percentages of children
described in subparagraphs (A), (B), (C), and (D) of
section 8003(a)(1) served in the school facility with
the emergency or served in the school facility proposed
for modernization, as the case may be.
``(D) In the case of an emergency grant, the
severity of the emergency, as measured by the threat
that the condition of the school facility poses to the
health, safety, and well-being of students.
``(E) In the case of a modernization grant--
``(i) the severity of the need for
modernization, as measured by such factors as--
``(I) overcrowding, as evidenced by
the use of portable classrooms, or the
potential for future overcrowding
because of increased enrollment; or
``(II) the agency's inability to
utilize technology or offer a curriculum
in accordance with contemporary State
standards due to the physical
limitations of the current school
facility; and
``(ii) the age of the school facility proposed
for modernization.
``(5) Other award provisions.--
``(A) General provisions.--
``(i) Limitations on amount of funds.--
``(I) In general.--The amount of
funds provided under an emergency grant
or a modernization grant awarded under
this subsection to a local educational
agency that meets the requirements of
subclause (II) or (III) of paragraph
(3)(A)(i) for purposes of eligibility
under subparagraph (A) or
[[Page 115 STAT. 1954]]
(B) of paragraph (3) or that meets the
requirements of clause (i) or (ii) of
paragraph (3)(C) for purposes of
eligibility under such paragraph (3)(C),
or to a school that is eligible under
paragraph (3)(D)--
``(aa) shall not exceed 50
percent of the total cost of the
project to be assisted under
this subsection; and
``(bb) shall not exceed
$4,000,000 during any 4-year
period.
``(II) In-kind contributions.--A
local educational agency may use in-kind
contributions to meet the matching
requirement of subclause (I)(aa).
``(ii) Prohibitions on use of funds.--A local
educational agency may not use funds provided
under an emergency grant or modernization grant
awarded under this subsection for--
``(I) a project for a school
facility for which the agency does not
have full title or other interest;
``(II) stadiums or other school
facilities that are primarily used for
athletic contests, exhibitions, or other
events for which admission is charged to
the general public; or
``(III) the acquisition of real
property.
``(iii) Supplement, not supplant.--A local
educational agency shall use funds provided under
an emergency grant or modernization grant awarded
under this subsection only to supplement the
amount of funds that would, in the absence of the
Federal funds provided under the grant, be made
available from non-Federal sources to carry out
emergency repairs of school facilities or to carry
out the modernization of school facilities, as the
case may be, and not to supplant such funds.
``(iv) Maintenance costs.--Nothing in this
subsection shall be construed to authorize the
payment of maintenance costs in connection with
any school facility modernized in whole or in part
with Federal funds provided under this subsection.
``(v) Environmental safeguards.--All projects
carried out with Federal funds provided under this
subsection shall comply with all relevant Federal,
State, and local environmental laws and
regulations.
``(vi) Carry-over of certain applications.--A
local educational agency that applies for an
emergency grant or a modernization grant under
this subsection for a fiscal year and does not
receive the grant for the fiscal year shall have
the application for the grant considered for the
following fiscal year, subject to the priority
requirements of paragraph (2) and the award
criteria requirements of paragraph (4).
``(B) Emergency grants; prohibition on use of
funds.--A local educational agency that is awarded an
emergency grant under this subsection may not use
amounts under the grant for the complete or partial
replacement of an existing school facility unless such
[[Page 115 STAT. 1955]]
replacement is less expensive or more cost-effective
than correcting the identified emergency.
``(6) Application.--A local educational agency that desires
to receive an emergency grant or a modernization grant under
this subsection shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information
as the Secretary may require. Each application shall contain the
following:
``(A) A description of how the local educational
agency meets the award criteria under paragraph (4),
including the information described in clauses (i)
through (iv) of paragraph (4)(A) and subparagraphs (B)
and (C) of paragraph (4).
``(B) In the case of an application for an emergency
grant--
``(i) a description of the school facility
deficiency that poses a health or safety hazard to
the occupants of the facility and a description of
how the deficiency will be repaired; and
``(ii) a signed statement from an appropriate
local official certifying that a deficiency in the
school facility threatens the health or safety of
the occupants of the facility or that prevents the
use of all or a portion of the building.
``(C) In the case of an application for a
modernization grant--
``(i) an explanation of the need for the
school facility modernization project;
``(ii) the date on which original construction
of the facility to be modernized was completed;
``(iii) a listing of the school facilities to
be modernized, including the number and percentage
of children determined under section 8003(a)(1) in
average daily attendance in each school facility;
and
``(iv) a description of the ownership of the
property on which the current school facility is
located or on which the planned school facility
will be located.
``(D) A description of the project for which a grant
under this subsection will be used, including a cost
estimate for the project.
``(E) A description of the interest in, or authority
over, the school facility involved, such as an ownership
interest or a lease arrangement.
``(F) Such other information and assurances as the
Secretary may reasonably require.
``(7) Report.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than January 1 of each year, the Secretary shall prepare
and submit to the appropriate congressional committees a
report that contains a justification for each grant
awarded under this subsection for the prior fiscal year.
``(B) Definition.--In this paragraph, the term
`appropriate congressional committees' means--
``(i) the Committee on Appropriations and the
Committee on Education and the Workforce of the
House of Representatives; and
[[Page 115 STAT. 1956]]
``(ii) the Committee on Appropriations and the
Committee on Health, Education, Labor, and
Pensions of the Senate.''.
