119 STAT. 2802
PUBLIC LAW 109–148—DEC. 30, 2005 that such student is enrolled in a non-public school in the area served by the agency under paragraph (3), an eligible local educational agency may provide not more than 4 quarterly payments to such account (each of which shall be paid not later than 14 calendar days after the date of receipt of each quarterly installment payment received under subparagraph (A)), and the aggregate amount of such payments shall not exceed the lesser of— (i)(I) in the case of a displaced student who is not a child with a disability, $6,000; or (II) in the case of a displaced student who is a child with a disability, $7,500; or (ii) the cost of tuition and fees (and transportation expenses, if any) at the non-public school for the 2005– 2006 school year. (C) LIMITATION.—A non-public school accessing funds on behalf of a displaced student under this section must waive tuition, or reimburse tuition paid, in an amount equal to the amount accessed. (3) DISPLACED STUDENTS.—Subject to the succeeding sentence, an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide services and assistance to elementary schools and secondary schools (including charter schools) served by such agency, or to such BIA-funded school, that enrolled a displaced student. An eligible local educational agency that receives emergency impact aid payments under this section and that serves an area in which there is located an eligible non-public school shall, at the request of the parent or guardian of a displaced student who meets the criteria described in subsection (c)(2)(A)(ii) and who enrolled in a non-public school in an area served by the agency, use such emergency impact aid payment to provide payment on a quarterly basis (but not to exceed the total amount specified in subsection (d)(2)(B) for the 2005–2006 school year) to an account on behalf of such displaced student. (e) USE OF FUNDS.— (1) AUTHORIZED USES.—The authorized uses of funds are the following: (A) Paying the compensation of personnel, including teacher aides, in schools enrolling displaced students. (B) Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces. (C) Basic instructional services for such students, including tutoring, mentoring, or academic counseling. (D) Reasonable transportation costs. (E) Health and counseling services. (F) Education and support services. (2) VERIFICATION OF ENROLLMENT FOR NON-PUBLIC SCHOOLS.—Before providing a quarterly payment to an account, the eligible local educational agency shall verify with the parent or guardian of a displaced student that such displaced student is, or was, enrolled in the non-public school for such quarter. (3) PROHIBITION.—Funds received under this section shall not be used for construction or major renovation of schools.
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