119 STAT. 2804
Deadlines.
VerDate 14-DEC-2004
07:21 Oct 30, 2006
PUBLIC LAW 109–148—DEC. 30, 2005
(A) any aid provided to the agency under this section that the agency has not obligated by the end of the 2005– 2006 school year in accordance with this section; and (B) any payment funds returned to the State educational agency under paragraph (1). (g) LIMITATION ON USE OF AID AND PAYMENTS.—Aid and payments provided under this section shall only be used for expenses incurred during the 2005–2006 school year. (h) ADMINISTRATIVE EXPENSES.—A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses. (i) SPECIAL FUNDING RULE.—In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count displaced students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)). (j) NOTICE.—Each State receiving emergency impact aid under this section shall provide, to the parent or guardian of each displaced student for whom a payment is made under this section to an account who resides in such State, notification that— (1) such parent or guardian has the option of enrolling such student in a public school or a non-public school; and (2) the temporary emergency impact aid for displaced students provided under this section is temporary and is only available for the 2005–2006 school year. (k) BYPASS.—For a State in which State law prohibits the State from using Federal funds to directly provide services on behalf of students attending non-public schools and provides that another entity shall provide such services, the Secretary of Education shall make such arrangements with that entity. (l) REDIRECTION OF FUNDS.— (1) IN GENERAL.—If a State educational agency or eligible local educational agency is unable to carry out this section, the Secretary of Education shall make such arrangements with the State as the Secretary determines appropriate to carry out this section on behalf of displaced students attending an eligible non-public school in the area served by such agency. (2) SPECIAL RULE.—If an eligible local educational agency does not make a payment to an account within 14 calendar days of receipt of funds provided under this section, then— (A) the eligible local educational agency shall return the funds received that quarter for such account to the State educational agency; and (B) the State educational agency shall ensure that the proper payment to such account for such quarter is made not later than 14 calendar days after the date of the receipt of funds under subparagraph (A), before any
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