Summary: H.R.3616 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (05/15/2000)

Impact Aid Reauthorization Act of 2000 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to reauthorize and revise title VIII Impact Aid programs.

(Sec. 2) Adds as program purposes: (1) promotion of local educational agency (LEA) control of the assisted educational services for federally connected children; and (2) special construction assistance to LEAs as a result of their inability to tax Federal property. Eliminates the purpose of providing financial assistance to LEAs that experience sudden or substantial increases or decreases in enrollments because of military realignments.

(Sec. 3) Revises the program of payments to LEAs relating to Federal acquisition of real property (which makes that property non-taxable) with respect to: (1) fiscal years in which insufficient funds are appropriated; (2) special payments; (3) additional assistance for certain LEAs; and (4) data requirements for preliminary and final payments.

(Sec. 4) Revises the program of payments for eligible federally connected children. Includes under such program's LEA payment formula, as eligible children who resided on Federal property and had a parent on active duty in the uniformed services military personnel, those children who: (1) would have resided in housing on Federal property except that such housing was undergoing renovation or rebuilding for not more than two fiscal years (current law only refers to renovation); or (2) reside in housing initially acquired or constructed under the military Build-to-Lease program housing, if such property is within the fenced security perimeter of a military facility, with appropriate reductions in such payments with respect any such housing which is not federally-owned and which is subject to State or local taxation.

(Sec. 5) Allows a supplementary payment, in excess of the maximum amount of basic support payments, to compensate an LEA for increased current expenditures necessitated by unusual geographical factors.

(Sec. 6) Establishes a separate (rather than the current additional) program of basic support payments for LEAs heavily impacted by the presence of federally connected children in their schools. Prohibits an LEA from receiving a basic support payment under both the standard and the heavily impacted programs.

Sets forth: (1) eligibility requirements for continuing and for new heavily impacted LEAs; and (2) maximum payment amounts for regular and for large heavily impacted LEAs.

Sets forth a revised formula for computing each LEA's learning opportunity threshold (LOT), a factor used in determining actual amounts of basic support payments when sufficient funds are not available to pay the maximum amounts, in the case of LEAs with total enrollments of less than one thousand students and per-pupil expenditures less than their State average.

(Sec. 7) Provides for basic support payments for certain LEAs affected by removal of Federal property, if such property is transferred to a non-Federal entity so that it is subject to State or local taxation and if such LEAs meet specified additional requirements.

(Sec. 8) Repeals provisions for additional payments to LEAs with high concentrations of children with severe disabilities.

(Sec. 9) Prohibits the Secretary of Education from accepting or approving any LEA application for Impact Aid filed more than 60 days after the Secretary sends written notice to the LEA.

(Sec. 10) Repeals provisions for payments for sudden and substantial increases in attendance of military dependents.

(Sec. 11) Revises requirements for eligibility for and allocation of school construction and renovation payments to certain categories of LEAs, including those receiving basic support payments and impacted by military dependent children or children living on Indian lands. Requires that 70 percent of specified funds be used for such construction payments, with the remaining 30 percent to be used for school facility modernization grants for specified types of LEAs. Sets forth award criteria for such grants, including certain emergency grants.

(Sec. 12) Revises provisions relating to Federal administration.

(Sec. 13) Revises certain deadlines with respect to administrative hearings and judicial review.

(Sec. 14) Includes under the definition of Federal property, as a basis of eligibility for Impact Aid payments, affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996.

(Sec. 15) Extends the authorization of appropriations for Impact Aid programs, including: (1) payments for Federal acquisition of real property; (2) basic support payments for LEAs and for heavily impacted LEAs; (3) payments for children with disabilities; (4) construction; (5) facilities maintenance; and (6) additional assistance for certain LEAs impacted by Federal property acquisition. Repeals the authorization of appropriations for Impact Aid payments for increases in military children.