114 STAT. 2763A-54 PUBLIC LAW 106-554—APPENDIX A educational agency shall take into account the need of a local educational agency for additional funds for such activities, including the need for the activities described in subclauses (I) through (IV) of subparagraph (A)(ii). (c) RULES APPLICABLE TO SCHOOL REPAIR AND RENOVATION.— With respect to funds made available under this section that are used for school repair and renovation, the following rules shall apply: (1) PERMISSIBLE USES OF FUNDS.—School repair and renovation shall be limited to one or more of the following: (A) Emergency repairs or renovations to public school facilities only to ensure the health and safety of students and staff, including— (i) repairing, replacing, or installing roofs, electrical wiring, plumbing systems, or sewage systems; (ii) repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); and (iii) bringing public schools into compliance with fire and safety codes. (B) School facilities modifications necessary to render public school facilities accessible in order to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 etseq.). (C) School facilities modifications necessary to render public school facilities accessible in order to comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (D) Asbestos abatement or removal from public school facilities. (E) Renovation, repair, and acquisition needs related to the building infi*astructure of a charter school. (2) IMPERMISSIBLE USES OF FUNDS.— No funds received under this section may be used for— (A) payment of maintenance costs in connection with any projects constructed in whole or in part with Federal funds provided under this section; (B) the construction of new facilities, except for facilities for an impacted local educational agency (as defined in subsection (a)(3)); or (C) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. (3) CHARTER SCHOOLS.—^A public charter school that constitutes a local educational agency under State law shall be eligible for assistance under the same terms and conditions as any other local educational agency (as defined in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18))). (4) SUPPLEMENT, NOT SUPPLANT.— Excluding the uses described in subparagraphs (B) and (C) of paragraph (1), a local educational agency shall use Federal funds subject to this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for school repair and renovation. (d) SPECIAL RULE. — Each local educational agency that receives funds under this section shall ensure that, if it carries out repair
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