Education-Related Hurricane Relief:: Legislative Action

^Pr^ep^ar^{ed f}^o^r^M^e^m^b^ers^an^d^Com^mⁱ^t^t^ees^of^C^ong^r^e^ss

Following the destruction wrought on the Gulf Coast by Hurricane Katrina and Hurricane Rita in
2005, the initial federal response to providing education-related disaster relief was primarily in
the form of waivers issued by the Secretary of Education. With the passage of the Department of
Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (P.L. 109-148), $1.6 billion was made available to aid in
providing education-related disaster relief at the elementary, secondary, and postsecondary levels.
An additional $285 million was subsequently authorized by Title II, Chapter 6 of the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (P.L. 109-234). Most recently, an additional $60 million was authorized by Title
IV, Chapter 7 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (P.L. 110-28).
This report provides an overview of the waivers that have been granted by the Department of
Education in response to the Gulf Coast hurricanes; three public laws that have been enacted,
specifically to provide financial relief to postsecondary students and institutions of higher
education (P.L. 109-66, P.L. 109-67, and P.L. 109-86); and education-related hurricane relief
funding provisions included in FY2006 defense appropriations (P.L. 109-148), FY2006
supplemental appropriations (P.L. 109-234), and FY2007 supplemental appropriations (P.L. 110-

28). The report concludes with a detailed analysis of how funds made available through P.L. 109-

148 have been allocated to states.

This report complements the detailed discussion of issues related to major disasters and education
included in CRS Report RL33089, Education and Training Issues Related to Major Disasters, by
Charmaine Mercer et al. This report will be updated as warranted by legislative action.

Waivers and Other Actions Taken by the Department of Education...............................................1
K-12 Education.........................................................................................................................2
State Academic Assessment System...................................................................................2
Adequate Yearly Progress...................................................................................................2
Charter Schools Program....................................................................................................4
Higher Education......................................................................................................................5
Public Laws Providing Education-Related Hurricane Assistance...................................................5
Pell Grant Hurricane and Disaster Relief Act, P.L. 109-66.......................................................6
Student Grant Hurricane and Disaster Relief Act, P.L. 109-67.................................................6
Natural Disaster Student Aid Fairness Act, P.L. 109-86...........................................................6
FY2006 Defense Appropriations, P.L. 109-148..............................................................................7
Subtitle A: Elementary and Secondary Education Hurricane Relief.........................................8
General Waiver Authority for K-12 Education...................................................................8
Hold Harmless Provision....................................................................................................8
Highly Qualified Teachers Provisions................................................................................9
Assistance for Homeless Youth.........................................................................................10
Immediate Aid to Restart School Operations....................................................................10
Temporary Emergency Impact Aid for Displaced Students...............................................11
Subtitle B: Higher Education Hurricane Relief Act of 2005...................................................13
General Authority to Grant Waivers or Modifications......................................................13
Modification of Teacher Quality Enhancement Grants for States and Partnerships.........13
Modification of TRIO, GEAR-UP, Title III Part A or B, and Other Competitive
Grants ......................................................................................................................... .... 14
Use of $200 Million for Higher Education.......................................................................14
Subtitle C: Education and Related Programs Hurricane Relief..............................................15
Waivers of IDEA Deadlines..............................................................................................15
FY2006 Supplemental Appropriations, P.L. 109-234: Additional Education-Related
Hurricane Relief.........................................................................................................................15
K-12 Education.......................................................................................................................16
Support for Charter Schools Affected by the Gulf Coast Hurricanes...............................16
Higher Education....................................................................................................................17
FY2007 Supplemental Appropriations, P.L. 110-28: Additional Hurricane Disaster Relief
and Recovery..............................................................................................................................18
K-12 Education.......................................................................................................................18
Higher Education....................................................................................................................19
Summary of Education-Related Hurricane Assistance..................................................................19
Federal Funding for Disaster-Related Assistance in Response to the Gulf Coast
Hurricanes ............................................................................................................................ 20
K-12 Education Funding.........................................................................................................20
Higher Education Funding......................................................................................................23
Education-Related Hurricane Funding: State Summary.........................................................25

Table 1. Minimum Group Size for Reporting and for Making AYP Determinations in
States with Approved Flexibility Agreements..............................................................................3
Table 2. Distribution of Emergency Impact Aid for Displaced Students Funds by State..............21
Table 3. Distribution of Immediate Aid to Restart School Operations Funds by State.................23
Table 4. Distribution of Assistance for Homeless Youths Funds by State.....................................23
Table 5. Distribution of Funds to Assist Institutions of Higher Education Enrolling
Displaced Students by State.......................................................................................................24
Table 6. Education-Related Hurricane Funding: State Allocation Summary................................25
Author Contact Information..........................................................................................................26

ollowing the destruction wrought on the Gulf Coast by Hurricane Katrina and Hurricane
Rita in August and September 2005, the initial federal response to providing education-
related disaster relief was primarily in the form of waivers issued by the Secretary of F

Education (Secretary). Additional relief was also provided by the Federal Emergency
Management Agency (FEMA) in the form of portable classrooms and other types of immediate
aid to support the education of students displaced by the storms. With the passage of the
Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148, hereafter referred to as
FY2006 defense appropriations), $1.6 billion has been appropriated to aid in providing education-¹
related disaster relief at the elementary, secondary, and postsecondary levels. An additional $285
million was subsequently authorized for education-related hurricane recovery efforts by Title II,
Chapter 6 of the Emergency Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (P.L. 109-234, hereafter referred to as FY2006
supplemental appropriations). Most recently, an additional $60 million was authorized by Title IV,
Chapter 7 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (P.L. 110-28, hereafter referred to as FY2007 supplemental
appropriations).
This report provides an overview of the waivers that have been granted by the Department of
Education (ED) in response to the Gulf Coast hurricanes, public laws that have been enacted to
provide financial relief to institutions of higher education (P.L. 109-66, P.L. 109-67, and P.L. 109-
86), and education-related hurricane relief funding provisions included in FY2006 defense
appropriations, FY2006 supplemental appropriations, and FY2007 supplemental appropriations.
The report concludes with a detailed analysis of how funds made available through FY2006
defense appropriations have been allocated to states. This report complements the detailed
discussion of several issues related to major disasters and education included in CRS Report
RL33089, Education and Training Issues Related to Major Disasters, by Charmaine Mercer et al.

Prior to passage of the FY2006 defense appropriations, the primary form of hurricane relief
support provided by ED to states affected by Hurricanes Katrina and Rita was waivers of
statutory and regulatory requirements. Since the first hurricane occurred, the Secretary has made
a series of announcements regarding the availability of waivers, modifications, and flexibility for
elementary, secondary, and postsecondary education. The following section briefly discusses the
waivers and modifications by education level. A detailed discussion of the Secretary’s authority to
grant various waivers and issues surrounding the provision of waivers in K-12 and postsecondary
education is included in CRS Report RL33089, Education and Training Issues Related to Major
Disasters, by Charmaine Mercer et al.

¹^T^h^e^$¹^.⁶^b^illi^oⁿ^isⁿ^o^{t su}^b^j^e^c^t^to^a¹^%^a^c^r^o^ss-th^e^-^b^o^a^rd^c^u^{t a}^s^sp^e^c^if^ie^dⁱⁿ^Divⁱ^sioⁿ^{B, T}^itle^{III, C}^h^a^p^te^{r 8}^o^f^th^e
^FY²⁰⁰⁶^de^f^e^ns^e^a^ppr^opr^ia^ti^ons^{, a}^s^{it ha}^s^be^eⁿ^de^sⁱ^gⁿ^a^t^e^d^a^s^aⁿ^e^m^er^g^e^ncy^r^e^quir^e^m^e^{nt pur}^s^u^aⁿ^{t t}^o^§⁴⁰²^of
^H^.^C^on.R^e^s^.⁹⁵^{, the}^c^onc^ur^r^e^{nt r}^e^s^o^luti^on^oⁿ^t^h^e^b^udg^e^t^f^o^r^FY²⁰⁰⁶^.

Upon request, the Secretary agreed to consider granting waivers and flexibility related to K-12
education provisions primarily under the existing waiver authority available in the Elementary
and Secondary Education Act of 1965 [ESEA (20 U.S.C. 6301 et seq.)], as amended by the No ²
Child Left Behind Act of 2001 [NCLBA (P.L. 107-110)]. Examples of specific waivers that
would be considered included waivers of maintenance-of-effort (MOE) requirements,
modifications of allowable uses of grant funds, and waivers of fiscal and administrative
requirements under the Education Department General Administrative Regulations (EDGAR).
The Secretary also announced that ED would work with affected states and local educational
agencies (LEAs) to determine whether flexibility was needed with respect to meeting highly ³
qualified teacher requirements and whether federal funds could be transferred from program to ⁴
program or otherwise be reallocated.
The Secretary is authorized to grant states a waiver of the requirement to implement a system of
academic content and achievement standards in reading/language arts, mathematics, and science
in each of grades 3 through 8 and in high school by the end of the 2005-2006 school year if the
state demonstrates that it has been affected by exceptional or uncontrollable circumstances, such
as a natural disaster. The Secretary has granted Mississippi a one-year waiver to permit it to ⁵
implement its state academic assessment system during the 2006-2007 school year.
The Secretary has provided to states two options for flexibility in the administration of academic
assessments and the determination of adequate yearly progress (AYP) as required under Title I-A ⁶
of the ESEA. Under the first option, for schools or LEAs that have been impacted by either
Hurricane Katrina or Hurricane Rita as a result of enrolling large numbers of displaced students
or other factors, the Secretary considered the approval of waivers allowing for a delay in the
implementation of the school and LEA improvement, corrective action and restructuring ⁷
requirements of Title I-A. Under the second option, the Secretary considered the granting of

²^D^e^pa^r^t^m^e^{nt of}^Educ^a^tion,^“^K^ey^Polic^y^Le^tte^r^s^Sigⁿ^e^d^by^t^h^{e E}^d^u^c^atⁱ^oⁿ^S^ecret^ar^y^o^r^Dep^u^t^y^S^ecret^a^r^y^,^{” S}^e^p^t^em^b^e^{r 7}^,
²⁰⁰^{5, a}^v^a^ila^ble^onliⁿ^e^a^t^h^ttp:^//w^w^w^.e^d.g^o^v^/^polic^y^/^e^l^s^e^c^/^g^u^id/^s^e^c^l^e^tte^r^/⁰⁵⁰⁹⁰^7.^htm^l^.
³^E^S^E^A^,^§¹¹¹⁹^.^F^o^r^m^o^{re i}ⁿ^f^o^rma^tⁱ^o^{n on}^hⁱ^ghl^y^q^u^a^lⁱ^fⁱ^e^d^t^each^{er cri}^t^e^ri^a,^{see CRS}^Rep^o^r^t^RL³⁰⁸³⁴^,^K^-^{12 Te}^ac^he^r
^Quality^{: Issue}^s^an^{d Le}^gⁱ^slativ^e^A^c^tion^,^b^y^Je^ff^re^y^{J. Ku}^en^zi.
⁴^D^e^pa^r^t^m^e^{nt of}^Educ^a^tion,^“^K^ey^Polic^y^Le^tte^r^s^Sigⁿ^e^d^by^t^h^{e E}^d^u^c^atⁱ^oⁿ^S^ecret^ar^y^o^r^Dep^u^t^y^S^ecret^a^r^y^,^{” S}^e^p^t^em^b^e^{r 7}^,
²⁰⁰^{5, a}^v^a^ila^ble^onliⁿ^e^a^t^h^ttp:^//w^w^w^.e^d.g^o^v^/^polic^y^/^e^l^s^e^c^/^g^u^id/^s^e^c^l^e^tte^r^/⁰⁵⁰⁹⁰^7.^htm^l^.
⁵^D^e^pa^r^t^m^e^{nt of}^Educ^a^tion,^“^M^is^sⁱ^s^sⁱ^{ppi A}^s^s^e^s^s^m^e^{nt L}^e^tte^r^,^”^J^une³⁰^{, 2}⁰⁰⁶^{, a}^v^a^ila^ble^onliⁿ^e^a^t^h^ttp:^/^/^w^w^w^.^e^d.g^o^v^/
^a^d^mⁱ^ns^/^l^e^a^d^/^a^c^c^ount/ⁿ^c^l^bf^ina^l^a^s^se^s^s^/^m^s^.htm^l.
⁶^L^e^tte^r^f^r^om^Ma^r^g^a^r^e^t^Spe^lling^s^,^{U.S. Se}^c^r^e^t^a^r^y^o^f^Educ^a^tio^{n, t}^o^C^h^ie^f^Sta^t^e^Sc^hoo^{l Of}^fⁱ^c^e^{rs, Se}^pte^m^be^{r 29, 2}⁰⁰⁵^,
^a^v^a^ila^ble^online^a^t^htt^p^://w^ww^.e^d.^g^o^v^/^polic^y^/^e^l^se^c^/^g^u^id/se^c^l^e^tte^r/05⁰⁹²^9.^htm^l^{, v}ⁱ^site^{d Ma}^y^{26, 2}⁰⁰⁶^.
⁷^For^a^dditi^ona^l^inf^o^r^m^a^{tion o}ⁿ^t^h^e^s^e^r^e^quir^e^m^e^nts^,^s^e^e^C^R^S^R^e^por^t^R^L³³³⁷^1,^K^-^{12 Ed}^uc^ati^on:^I^m^ple^m^eⁿ^tati^{on Sta}^t^us
^{of t}^h^e^N^o^C^h^il^{d Le}^ft^Be^hin^d^Ac^t^of²⁰^{01 (}^P^.L.¹^07-¹¹⁰⁾^,^by^G^a^{il Mc}^Ca^{llion e}^t^a^l^.⁽^P^.L.¹⁰^7-¹¹⁰⁾^,^by^G^a^{il Mc}^Ca^{llion, e}^t
^a^l^{. ESEA}^T^itle^I-A^a^l^r^e^a^d^y^prov^id^e^s^tha^tⁱⁿ^instaⁿ^c^e^s^w^h^e^r^e^a^s^c^hoo^lⁱ^s^aff^ect^ed^b^y^a^m^a^j^o^{r d}ⁱ^sast^{er o}^r^{a p}^r^eci^pⁱ^t^o^u^s
^de^c^lineⁱⁿ^fⁱ^na^nc^ia^{l r}^e^s^our^c^e^s^{, L}^E^A^s^m^a^y^de^lay^f^o^r^one^y^e^a^r^theⁱ^rⁱ^m^plem^eⁿ^ta^tion^of^the^r^e^qu^ir^e^m^eⁿ^t^s^f^o^r^a^s^e^c^{ond y}^e^a^r
^of^s^c^{hool im}^pr^ov^e^m^eⁿ^{t, c}^o^r^r^e^c^tive^a^c^tion,^or^r^e^s^t^r^u^c^t^ur^ing⁽^E^S^E^A^{§ 1}¹¹⁶⁽^b⁾⁽⁷⁾⁽^D⁾⁾^;^aⁿ^{d if}^aⁿ^LE^Aⁱ^s^aff^e^ct^ed^b^y^a
^m^a^jor^dis^a^s^t^e^r^or^a^pr^e^cⁱ^pit^ous^de^c^line^{in f}ⁱ^na^nc^ia^{l r}^e^s^o^ur^c^e^s^{, s}^t^a^t^e^s^m^a^y^de^layⁱ^m^plem^eⁿ^ta^{tion of}^the^r^e^quir^e^m^e^nts^of
^co^rrectiv^{e actio}ⁿ^(ESEA^§¹¹¹⁶^(c⁾⁽¹⁰^)(F))^.

flexibility in how displaced students are accounted for in the determination of AYP. For the 2005-
2006 school year only, a displaced student subgroup may be established for AYP purposes, and
students counted in that subgroup need not be counted in any other subgroups into which they ⁸
might otherwise qualify, including the “all students” group.
In April and May of 2006, the Secretary approved requests for flexibility agreements under the ⁹
second option for five states—Alabama, Arkansas, Georgia, Tennessee, and Texas. The Secretary
conditioned approval of the flexibility agreements on the following requirements:
• States must include the displaced students subgroup in the 2005-2006 AYP
calculations for participation at the school, LEA, and state levels;
• States must report achievement information for the displaced student subgroup at
the LEA and state levels the same as for other subgroups on LEA and state report
cards; and
• States must provide remedial education assistance for displaced students who ¹⁰
score below the proficient level on 2005-2006 assessments.
As part of the flexibility agreement with Texas, the Secretary also agreed to allow it to waive AYP
determinations for schools or LEAs that were closed for more than seven days as a result of
Hurricanes Katrina or Rita and that are located in a county designated by FEMA as a disaster
area. As a condition for this flexibility, Texas is required to provide ED the opportunity to review
AYP data for displaced students from schools and LEAs that fail to make AYP solely due to the
displaced student group prior to the public release of these data.
Two significant effects appear possible as a result of allowing states to create a separate subgroup
for displaced students and to exclude displaced students from all other subgroups, including the
“all students” subgroup. First, given the minimum group size (n) for the reporting of academic
achievement data, as shown in Table 1, it appears that information on the academic achievement
of displaced students will be made available at the school and LEA levels in areas that
experienced even a modest influx of displaced students. If a separate subgroup were not created
for displaced students, it could be very difficult to determine if their level of academic
performance was any different than that of the subgroup(s) with which they share membership.
By excluding displaced students from the “all students” subgroup, one also may be able to make
inferences of relative performance by comparing the achievement levels of displaced students
with the “all students” subgroup, which would represent only non-displaced students.
Table 1. Minimum Group Size for Reporting and for Making AYP Determinations in
States with Approved Flexibility Agreements
^{Minimum Group}^{Size (}ⁿ⁾
^State^Reporting^{AYP Determination}

⁸^For^m^o^r^e^inf^o^r^m^a^{tion o}ⁿ^A^Y^P^r^e^quir^e^m^e^nts^,^s^e^e^C^R^S^R^e^por^{t R}^L³²⁴⁹^5,^Ad^equ^a^{te Y}^e^a^r^{ly Prog}^{ress (AY}^P^):
^I^m^ple^m^eⁿ^tati^on^of^the^N^o^C^hⁱ^l^d^L^e^{ft Be}^hin^d^Ac^t^,^b^y^W^a^yⁿ^{e C. Rid}^d^le.
⁹^D^e^pa^r^t^m^e^{nt of}^Educ^a^tion,^H^u^r^rⁱ^c^a^ne^H^e^{lp f}^o^r^Sc^ho^ols^,^Polic^y^L^e^tt^e^r^s^{on H}^u^r^r^ic^aⁿ^e^K^a^tr^ina^,^a^t
^http:^//h^urric^aⁿ^e^h^e^l^pf^orsc^h^ools.g^o^v^/le^tte^rs^/5-^s^ta^te^s^.^htm^l^{, v}ⁱ^s^ite^{d Ma}^y^{30, 20}^06.
¹⁰^Ibid^.

^{Minimum Group}^{Size (}ⁿ⁾
^State^Reporting^{AYP Determination}
^Alabamaⁿ^{= 10}ⁿ^{= 40}
ⁿ^{= 40, if ≤}⁸⁰^{0 total student}^{s; or}
^Arkansasⁿ^{= 10}ⁿ^{= 5% (}^{up to}^{200), if >}⁸⁰⁰^{total students}
^Georgiaⁿ^{= 10}ⁿ^{= the great}^{er of}^{40, or 1}^{0% (}^u^p^{to 75)}
^Tennesseeⁿ^{= 10}ⁿ^{= the great}^{er of}^{45, or 1}^%
ⁿ^{= 50, if ≥}¹⁰^{% of all students; o}^r
^Texasⁿ^{= 5}ⁿ^{= 20}^{0 if <}¹⁰^{% of all students}
^Source:^Depart^{ment of}^{Education, “Approved State Acco}^unta^bilit^{y Plans,” at http://www.ed.gov/}^{admins/lead/account/}
^stateplans0^3/^{index.html, visited}^{May 3}^{0, 20}^06.
^Note:^{Under the ap}^{proved state}^accounta^{bility plans of these}^stat^{es, a student is con}^{sidered to be}^{enrolled for a full}
^{academic year, and th}^{us cou}^nted^{for accounta}^{bility pur}^{poses, if he}^{or she is contin}^{uously en}^{rolled from October}
^{(varying dates) throug}^{h t}^{he day of testing.}
Second, it appears that the academic achievement of displaced students will only have any impact
on the AYP determinations of schools or LEAs if there are sufficient numbers of displaced
students to qualify the displaced student subgroup as a counted category—generally, 40 or more
displaced students in a school or LEA, as shown in Table 1. By excluding displaced students
from all other categories, including the “all students” category, the enrollment of displaced
students in a school or LEA would not push any subgroup above the minimum group size
threshold for being counted, nor would it have any effect in raising or lowering the AYP level for
any single group, other than the new displaced student subgroup. Thus it appears that, under these
state flexibility agreements, the performance of displaced students will be reported in most cases,
but their performance will have an impact on AYP determinations only in schools and LEAs that
have enrolled large numbers of displaced students.
On September 12, 2005, the Secretary announced that requests would be considered for waivers
of statutory or regulatory requirements related to the Charter Schools Program (CSP, ESEA Title ¹¹
V, Part B, Subpart 1). The CSP program provides planning, implementation, and dissemination
grants to charter schools nationwide. In the aftermath of the hurricanes it was determined that ED
had approximately $20 million in FY2005 funds still available under the CSP that would be
targeted for Hurricane Katrina relief. Louisiana subsequently received a $20.9 million grant
through the CSP to: help reopen charter schools damaged by Hurricane Katrina and Hurricane
Rita; help create 10 new charter schools; and expand existing charter schools to accommodate ¹²
displaced students.

¹¹^D^e^pa^r^t^m^e^{nt of}^Educ^a^tion,^“^K^ey^Polic^y^Le^tte^r^s^Sigⁿ^e^d^by^t^h^{e E}^d^u^c^atⁱ^oⁿ^S^ecret^ar^y^o^r^Dep^u^t^y^S^ecret^a^r^y^,^{” S}^e^p^t^em^b^e^r
^12,²⁰⁰⁵^{, a}^v^a^ila^ble^oⁿ^line^a^t^htt^p^:^//w^w^w^.e^d.g^o^v^/^polic^y^/^e^l^s^e^c^/^g^u^id/^s^e^c^l^e^tte^r^/⁰⁵⁰⁹¹⁴^.htm^l.
¹²^D^e^pa^rtm^e^{nt of}^Educ^a^tion,^“^L^ouisⁱ^aⁿ^a^A^w^a^r^de^{d $20.}^{9 M}^illi^{on N}^o^Child^L^e^f^t^Be^{hind G}^r^aⁿ^{t t}^o^A^s^sⁱ^s^t^D^a^m^a^ge^d
^Cha^r^te^{r Sc}^ho^{ols, Cre}^a^t^e^Ne^w^Cha^r^te^{r Sc}^ho^ols,”^Se^pte^m^be^{r 30}^{, 2}⁰⁰⁵^{, a}^v^a^ila^ble^oⁿ^line^a^t^htt^p^://w^ww^.^e^d.g^o^v^/^ne^w^s^/
^pr^e^s^s^r^e^l^e^a^s^es^/200^5/^09/⁰⁹³⁰²⁰⁰^5.^htm^l^{. A}ⁿ^a^pplic^a^tion^f^o^r^the^s^e^f^uⁿ^d^s^is^a^v^a^ila^ble^f^r^om^the^L^ouisⁱ^aⁿ^a^B^o^a^r^d^of
^Ele^m^eⁿ^ta^r^y^a^{nd Se}^c^oⁿ^d^a^r^y^Educ^a^tion^{(BESE) a}^t^htt^p^s://w^ww^.doe^.sta^te^.la^.^us/^l^de^/upl^oa^ds/⁸³²^1.^pdf^{. T}^h^e^sta^t^e^BESE^ha^s
^a^s^s^u^m^e^{d c}^ontr^o^l^ov^e^r¹⁰²^of^the¹^{17 c}^a^m^pus^e^s^{in the}^O^r^le^aⁿ^s^P^a^rⁱ^s^h^s^c^ho^{ol s}^y^s^t^em^{. U}^nde^r^the^s^t^a^t^e^t^a^k^e^-^o^v^e^r^,^{it is}
⁽^c^onti^nue^d.^..)

The Secretary exercised available authority to provide waivers of various provisions under the ¹³
Higher Education Act of 1965 [HEA (20 U.S.C. 1001)]. For example, in a letter dated
September 30, 2005, the Secretary stated that all institutions of higher education (IHEs) in
Alabama, Louisiana and Mississippi that were affected by Hurricane Katrina would be permitted ¹⁴
to reduce their academic year from 30 weeks of instructional time to 26 weeks of instruction.
The Secretary indicated that she would continue to address this issue on a case-by-case basis for ¹⁵
IHEs affected by Hurricane Rita. In addition, in a notice issued on November 1, 2005, student
borrowers who lived in an area affected by the hurricane were granted an automatic six-month ¹⁶
loan-payment forbearance through February 26, 2006. Further IHEs were granted extensions of
various reporting and filing requirements pertaining to reporting the disbursement of Title IV
funds and the reimbursement of Title IV funds based on student enrollment, attendance, and the ¹⁷
institution’s academic calendar. Additionally, three public laws were enacted providing ¹⁸
hurricane relief for higher education (see discussion below).

This section provides an overview of education-related hurricane relief legislation that has been
enacted since September 2005. As with the previously discussed actions taken by ED, the three
public laws discussed below primarily focus on providing waivers of existing provisions included
in the HEA. Two of the three statutes provide financial relief to students. The third law provides
the Secretary with authority to waive institutional matching requirements and redirect funds for ¹⁹
campus-based student aid programs to assist IHEs affected by Hurricanes Katrina and Rita.
FY2006 supplemental appropriations are discussed in subsequent sections.

^(...c^on^tin^ue^d)
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^Reso^l^v^e,^”^T^h^{e T}ⁱ^mes-Pⁱ^ca^yuⁿ^e^,^J^a^nua^r^y^{9, 20}^06.)
¹³^Most^of^the^s^e^a^u^th^oritie^{s w}^e^re^eⁿ^a^c^t^e^d^{in re}^spoⁿ^se^to^th^e^hurric^aⁿ^e^s^tha^t^oc^c^u^rre^dⁱⁿ^Fl^oridaⁱⁿ²⁰^03.^{ED issue}^d^a
^g^e^ne^ra^{l distribu}^tio^{n le}^tte^r^de^ta^ilin^g^the^a^u^th^ority^be^ing^e^x^e^r^ci^sed^b^y^t^h^{e S}^ecret^ary^an^d^p^r^o^vⁱ^dⁱⁿ^{g gu}ⁱ^d^an^{ce f}^o^{r IHE}^s
^de^a^ling^w^{ith the}^e^f^f^e^c^t^s^of^a^m^a^jor^dis^a^s^t^e^r^{, a}^t^ht^tp:/^/if^a^p^.e^d.g^o^v^/^dp^c^l^e^tte^r^s^/a^tta^c^h^m^e^nts^/^G^E^N⁰⁴⁰⁴^.p^d^f^{. H}ⁱ^g^h^e^r^e^duc^a^tion
^w^aⁱ^v^e^r^pr^ov^is^ions^a^r^e^dis^c^us^s^e^{d i}ⁿ^g^r^e^a^t^e^r^de^ta^{il in C}^R^{S R}^e^p^o^r^t^R^L³³⁰⁸^9,^E^duc^atioⁿ^an^{d Tr}^aⁱⁿⁱ^ng^I^s^s^u^e^s^Re^late^{d t}^o
^Ma^jo^{r Disa}^sters^,^b^y^Ch^arm^aⁱⁿ^e^M^e^{rcer et}^al^.
¹⁴^T^h^e^f^u^{ll te}^x^t^of^the^notic^e^{is a}^v^aⁱ^l^a^ble^a^t^htt^p^://w^ww^.i^f^a^p.e^d^.g^ov^/e^a^nno^unc^e^m^eⁿ^ts/⁰⁹³^0Hurric^aⁿ^e^K^a^t^rina^EA^6.htm^l^.
¹⁵^T^h^e^f^u^{ll te}^x^t^of^the^notic^e^{is a}^v^aⁱ^l^a^ble^a^t^htt^p^://w^ww^.i^f^a^p.e^d^.g^ov^/e^a^nno^unc^e^m^eⁿ^ts/093^0Hurric^aⁿ^e^R^it^a^E^A²^.htm^l.
¹⁶^T^h^e^f^u^{ll te}^x^t^of^{this no}^tic^e^{is a}^v^a^ila^ble^a^t^htt^p^://w^ww^.i^f^a^p.e^d^.g^ov^/e^a^nno^unc^e^m^eⁿ^ts/¹¹⁰^1Hurric^aⁿ^e^K^a^t^rina^EA^07.htm^l^.
¹⁷^T^h^e^f^u^{ll te}^x^t^of^{this no}^tic^e^{is a}^v^a^ila^ble^a^t^htt^p^://w^ww^.e^d.g^o^v^/^le^gⁱ^sla^tion/^Fe^dRe^g^iste^r/a^nno^unc^e^m^eⁿ^ts/200^5-^3/
⁰⁹⁰⁹⁰^5a^.h^tm^l.
¹⁸^{ED g}^u^idaⁿ^c^e^f^o^{r T}^itle^{IV pa}^rtic^ip^aⁿ^{ts a}^f^f^e^c^t^e^d^by^a^disa^ste^r^{is a}^v^aⁱ^l^a^ble^,^{in a}^le^tte^{r da}^te^d^Fe^brua^ry²⁰^{04 (G}^EN-04-
⁰⁴⁾^,^a^t^htt^p^://^if^a^p^.e^d.g^o^v^/^dpc^le^tte^r^s^/G^EN^0404.^htm^l^.
¹⁹^HEA^,^T^itle^IV^{. A}^l^{so se}^e^{CRS Re}^{port RL}³¹⁶^18,^C^a^m^p^us^-^B^as^e^d^St^ude^nt^Fin^ancⁱ^a^{l A}ⁱ^{d Pr}^ogr^am^s^U^nde^r^the^Hⁱ^ghe^r
^Educ^a^tio^{n Ac}^t^,^by^D^a^vⁱ^{d P}^.^Sm^ole^.

The Pell Grant Hurricane and Disaster Relief Act (P.L. 109-66) provides the Secretary with
authority to waive the amount of Pell Grant aid required to be returned by students who withdrew
or whose attendance was interrupted for students who resided in, were employed in, or attended
an IHE in an area that has been declared a major disaster by the President in accordance with §
401 of the Robert T. Stafford Disaster Relief and Emergency Act (hereafter referred to as the
Stafford Act, 42 U.S.C. 5121 et seq.). The Pell Grant program provides portable grants to low-²⁰
income undergraduate students under HEA Title IV, student financial aid programs. Under
current law, when a student withdraws from an IHE, the IHE and/or the student may be required ²¹
to return Pell Grant aid to ED. P.L. 109-66 eliminates the requirement that students repay their
portion of the Pell Grant when they withdraw from an IHE due to a major disaster. It does not,
however, eliminate the requirement that the IHE return funds to ED. Thus, while students
attending IHEs in Louisiana and Louisiana residents attending out-of-state IHEs may have
benefitted from this new provision, IHEs in affected areas were still required to return Pell Grant ²²
funds.
The Student Grant Hurricane and Disaster Relief Act (P.L. 109-67) grants the Secretary authority
to waive the amount of student aid required to be returned by students who withdrew if the
students resided in, were employed in, or attended an IHE in an area that has been declared a
major disaster by the President in accordance with § 401 of the Stafford Act, or who withdrew
because their attendance was interrupted due to the impact of the disaster. This pertains to all non-
Pell Grant aid authorized under Title IV of the HEA. As with P.L. 109-66, this provision waives ²³
the return of grant aid for students but not for IHEs required to return grant aid.
The Natural Disaster Student Aid Fairness Act (P.L. 109-86) grants the Secretary authority to ²⁴
waive certain requirements for the campus-based student financial aid programs. Among other
provisions, under current law the terms of the campus-based programs generally require
participating IHEs to provide matching funds equal to one-third of the amount of federal funds ²⁵
received. In addition, IHEs that neither use funds during the year for which they are allocated

²⁰^For^m^o^r^e^inf^o^r^m^a^{tion o}ⁿ^P^e^{ll G}^r^aⁿ^ts^{, s}^e^e^C^R^S^R^e^por^t^R^L³¹⁶⁶⁸^,^F^e^de^r^a^{l Pe}^{ll G}^r^aⁿ^{t Pr}^ogr^am^of^the^Hⁱ^ghe^r
^Educ^a^tio^{n Ac}^t:^B^a^c^k^g^r^o^un^{d a}ⁿ^d^Re^aut^hor^iz^at^ioⁿ^,^b^y^Ch^ar^m^aⁱⁿ^{e M}^e^rcer.
²¹^T^h^is^r^e^turⁿ^of^f^unds^r^e^qu^ir^e^m^eⁿ^{t is}^a^pplic^a^b^le^t^o^othe^r^s^t^udeⁿ^t^fⁱ^na^nc^ia^{l a}ⁱ^d^pr^og^r^a^m^s^{, a}^l^s^o^.
²²^{For m}^o^re^inf^o^rm^a^{tion o}ⁿ^re^q^u^ire^m^eⁿ^ts^re^la^te^{d to t}^h^e^re^turⁿ^of^T^itle^IV^g^r^aⁿ^{t a}ⁱ^{d, s}^e^e^{CRS Re}^p^o^{rt R}^L³¹⁹²^6,
^Institutⁱ^o^nal^Eli^g^ibi^lity^to^Part^ic^ipateⁱⁿ^Ti^tle^IV^Stu^d^eⁿ^t^Aid^Pro^g^{rams Unde}^{r t}^h^e^Hig^h^e^r^Ed^uc^ati^on^Ac^{t: Bac}^k^g^ro^un^d
^and^I^s^s^u^e^s^,^b^y^Reb^{ecca R.}^S^kⁱⁿⁿ^e^r.^(Hereaf^t^e^{r ci}^t^e^d^{as CRS}^Rep^o^r^t^RL³¹⁹²^6,^Iⁿ^stitu^tio^nal^Eli^g^ibi^lity^.)
²³^{For m}^o^re^on^re^qu^ire^m^eⁿ^{ts re}^la^te^d^{to t}^h^e^re^turⁿ^of^T^itle^IV^g^r^aⁿ^t^aⁱ^d^,^se^e^{CRS Re}^port^RL³¹⁹^26,^Iⁿ^s^t^itu^tⁱ^oⁿ^a^l
^Eligi^b^ility^.
²⁴^T^h^e^Fe^de^ra^{l Su}^pple^m^eⁿ^ta^{l Educ}^a^tiona^{l O}^p^p^o^rtuⁿ^ity^G^r^aⁿ^{t (FSEO}^G^{) prog}^ram^(H^E^A^T^itle^IV^,^P^a^rt^A^,^Subpa^rt^{3), t}^h^e
^Fe^de^ra^{l W}^o^rk^-Study^(FW^S^{) prog}^ra^m^(HE^A^T^itle^IV^,^P^a^{rt C),}^aⁿ^d^th^e^Fe^de^ra^l^P^e^rk^{ins L}^o^aⁿ^pr^og^ra^m⁽^H^EA^T^itle^IV^,
^P^a^r^t^E)^a^r^e^c^o^m^m^only^r^e^f^e^r^r^e^{d to}^a^s^the^c^a^m^pus^-^b^a^s^e^d^s^t^u^d^eⁿ^{t f}ⁱ^na^nc^ia^{l a}ⁱ^d^pr^og^r^a^m^s^{. For}^a^dditⁱ^oⁿ^a^l^inf^o^r^m^a^{tion on}^the
^c^a^m^pus^-^b^a^s^e^d^s^t^ude^{nt f}ⁱ^na^nc^ia^{l a}ⁱ^{d pr}^og^r^a^m^s^{, s}^e^e^C^R^S^R^e^por^{t R}^L³¹⁶¹^8,^C^a^m^p^us^-^B^as^e^d^St^udeⁿ^t^Fiⁿ^anc^ia^{l Ai}^d
^Pr^ogr^am^s^U^nde^r^the^Hⁱ^ghe^r^E^d^u^c^atio^{n Ac}^t^,^by^D^a^vⁱ^{d P}^.^Sm^ole^.
²⁵^T^h^e^r^e^a^r^e^e^x^c^e^p^tions^to^the^one^-^t^hir^d^m^a^tc^hing^r^e^quir^e^m^e^{nt. Fo}^r^a^dis^c^us^sⁱ^on^{, s}^e^e^C^R^S^R^e^p^o^r^t^R^L³¹⁶¹⁸^,^C^a^m^pus^-
⁽^c^onti^nue^d.^..)

nor the subsequent year are required to return them to ED for reallocation to other eligible IHEs;
and IHEs that return more than 10% of their allocation as unused will have subsequent allocations
reduced.
P.L. 109-86 provides the Secretary with authority through October 7, 2006 to waive certain
components of the campus-based programs for IHEs that are located in areas affected by
Hurricane Katrina and Hurricane Rita or that have accepted for enrollment any students affected
by a Gulf hurricane disaster. First, with respect to funds made available for the 2004-2005 and
2005-2006 academic years, the Secretary must waive the institutional matching requirement for
affected IHEs, and (after considering an IHE’s student population and existing resources) may
waive the institutional matching requirement for IHEs that have accepted for enrollment any
affected students. Second, with respect to affected IHEs and IHEs that have accepted for
enrollment any affected students, the Secretary shall: (a) reallocate to those IHEs any funds
returned as unused from the 2004-2005 award year; and (b) waive any allocation reduction that
would otherwise apply to the IHE for award year 2006-2007 for returning more than 10% of its
allocation. Finally, the availability of funds that would otherwise expire on September 30, 2005 is
extended for one additional year; and the Secretary is granted authority to recall any funds that ²⁶
would lapse on September 30, 2005 for reallocation to eligible IHEs.

While other efforts by Congress and ED to provide education-related hurricane relief have
primarily relied on waivers, Division B, Title IV of the FY2006 defense appropriations provides
$1.6 billion, as well as additional waivers and waiver authority, to meet the educational needs of ²⁷
individuals and institutions affected by the hurricanes in the Gulf of Mexico. The act provides
support for elementary and secondary education, as well as higher education. This section
provides a summary of the main contents of Division B, followed by a more detailed analysis of
the changes made by various sections contained in Division B.
For K-12 education, Subtitle A (Elementary and Secondary Education Hurricane Relief) provides
several waivers of existing requirements and appropriates $1.4 billion for new programs to meet
the needs of states, LEAs, and students. With the exception of waivers granted under Title IV, §
105 (see below for discussion), all K-12 education-related hurricane provisions initially expired
on August 1, 2006. However, P.L. 109-234 (discussed later) extended the period of obligation
until September 30, 2006, but only for expenses incurred during the 2005-2006 school year.
For higher education, Subtitle B (Higher Education Hurricane Relief Act of 2005) primarily
provides waivers of existing requirements and makes available $200 million specifically to
provide assistance under various HEA programs. These funds must be used: (1) to provide
assistance to students attending IHEs that are located in an area in which a major disaster has

^(...c^on^tin^ue^d)
^Bas^e^{d S}^t^u^d^eⁿ^{t F}ⁱⁿ^anc^ia^{l Ai}^{d Pr}^o^g^r^a^m^s^Uⁿ^de^r^the^Hⁱ^g^h^e^r^Ed^uc^ati^{on Ac}^t^{, by}^D^a^vⁱ^{d P. Sm}^ole^.
²⁶^On^No^vem^b^{er 7}^,²⁰⁰⁵^,^t^h^{e S}^ecret^ar^y^p^u^b^lⁱ^s^h^e^d^aⁿ^o^tⁱ^{ce regard}ⁱⁿ^g^t^h^{e real}^l^o^catⁱ^oⁿ^o^f^cam^p^u^s^-b^ased^ai^d^an^{d w}^aⁱ^v^ers
^of^s^t^a^t^utor^y^a^{nd r}^e^g^u^la^tor^y^pr^ov^is^ions^pur^s^u^aⁿ^{t t}^o^t^h^e^N^a^tur^a^{l D}ⁱ^s^a^s^t^e^r^Stu^d^eⁿ^{t A}ⁱ^{d Fa}^ir^ne^s^s^A^c^{t in th}^e^Fe^de^ral
^Re^giste^r^.
²⁷^For^t^h^e^p^u^r^p^os^e^s^of^K^-^{12 a}^nd^pos^ts^e^c^onda^r^y^e^duc^a^tion^hur^rⁱ^c^aⁿ^e^r^e^lie^f^,^“^hur^rⁱ^c^aⁿ^e^s^{in t}^h^e^G^u^lf^of^Me^xⁱ^c^o^”^only
ⁱⁿ^cl^ud^{e Hu}^rri^can^{e Kat}^rⁱⁿ^{a and}^H^u^rri^can^{e Ri}^t^a^.

been declared in accordance with § 401 of the Stafford Act related to the 2005 Gulf of Mexico
hurricanes and who are eligible for assistance under the Federal Supplemental Educational
Opportunity Grants [FSEOG (HEA Title IV, Part A, Subpart 3)], the Leveraging Educational
Assistance Partnership Program [LEAP (HEA Title IV, Part A, Subpart 4)], and Federal Work ²⁸
Study Programs [FWS (HEA Title IV Part C)]; (2) to provide assistance to IHEs located in areas
affected by these hurricanes and forced to close, relocate, or significantly curtail their operations ²⁹
as a result of direct damage caused by such hurricanes; and (3) to provide payments to IHEs to
help defray unanticipated expenses associated with enrolling displaced students from IHEs at
which operations were disrupted due to the hurricanes in the Gulf of Mexico. The Secretary’s
authority to issue waivers or modifications under this subtitle expired at the end of the 2005-2006
academic year. It is unclear whether this means that the waivers or modifications granted prior to
the end of the 2005-2006 academic year also expired at the same time.
Under Subtitle C (Education and Related Programs Hurricane Relief), the Secretary is authorized
to grant waivers to extend various deadlines of the Individuals with Disabilities Education Act
[IDEA (20 U.S.C. 1400 et seq.)].
Section 105 provides the Secretary with authority to waive or modify any requirements related to
maintenance of effort (MOE); the use of federal funds to supplement, not supplant, non-federal
funds; and any non-federal share or capital contribution required to match federal funds provided
under programs administered by the Secretary. These waivers may be provided to ease the fiscal
burdens of entities in an affected state in which a major disaster has been declared in accordance
with § 401 of the Stafford Act. Any waivers or modifications of MOE for FY2006 will not reduce
the level of effort required for FY2007. Any waivers issued under this authority are effective for
FY2006 only.
Congress, however, subsequently passed the “act to extend the waiver authority for the Secretary
of Education under Title IV, Section 105, of P.L. 109-148,” which extended the Secretary’s
authority to provide regulatory and financial relief via waivers through September 30, 2007 (P.L.

109-323). The waivers of maintenance of effort requirements granted for FY2006 or FY2007,

however, may not reduce the level of effort for the respective succeeding fiscal year.
Section 103 provides that for LEAs serving areas which, in accordance with § 401 of the Stafford
Act, the President has declared that a major disaster related to a Gulf hurricane disaster exists, the
amount of funding received under the four ESEA Title I-A allocation formulas for FY2006 shall
not be less than the amount received for FY2005. This provision applies only for FY2006 and
expired on August 1, 2006. It appears that this hold harmless provision may have been enacted as
a means of preventing impacted LEAs from experiencing a decrease in funding specifically due

²⁸^Fu^{nds a}^p^pro^p^ria^t^e^d^f^o^{r t}^h^e^Missi^{ssippi I}ⁿ^stitu^te^{s of}^Hig^h^e^r^L^e^a^rⁿⁱ^ng^(pu^b^lic^c^o^l^l^e^g^e^s^a^{nd un}^iv^e^r^sitie^{s in Mississip}^pⁱ⁾
^m^u^st^b^e^u^s^ed^t^o^p^r^o^vⁱ^d^{e st}^ud^en^t^a^ssi^st^an^{ce t}^o^st^u^d^eⁿ^t^{s m}^eetⁱⁿ^{g t}^h^{ese cri}^t^e^ri^a.
²⁹^Fu^nds^a^p^pr^o^p^rⁱ^a^t^e^d^f^o^r^t^h^e^L^ouisⁱ^aⁿ^a^B^o^a^r^d^of^R^e^g^e^nts^m^u^s^t^be^us^e^d^f^o^r^the^s^e^pur^pos^e^s^.

to a loss of students displaced by the Gulf Coast hurricanes. However, funds are allocated under
the ESEA Title I-A formulas based on data that are collected several years prior.
Hold harmless provisions have the effect of providing protected entities (in this case, LEAs) with
funding levels that are greater than the amounts they would otherwise be eligible to receive. As a
consequence, less funding remains available for allocation to entities not protected by the hold
harmless. For FY2006, total funds appropriated for basic grants decreased by 1.8%, while
appropriations for concentration grants remained the same, and appropriations for targeted grants
and education finance incentive grants increased by 2.3%. Implementation of the 100% hold
harmless authorized under § 103 likely will have the effect of limiting any increases in allocations
for LEAs that may have experienced gains in the number formula children for FY2006.
Counts of children aged 5-17 living in poverty—the largest group of formula children—are
estimated by the U.S. Census Bureau annually through the Small Area Income Poverty Estimates ³⁰
(SAIPE). However, there is a considerable delay between the year for which child counts are
estimated and the year for which those estimates are used in the allocation of funds. The SAIPE
survey is administered in March of the year following the income year that is being estimated.
These data are then matched with population data for July 1 of that year (i.e., the year after the
income year) and typically made available several years later. For example, 2002 SAIPE data
were used in the allocation of Title I-A funds for the 2005-2006 school year. These data provide
an estimate, as of July 1, 2003, of the number of children aged 5-17 from families that reported in
the March, 2003 survey that they were living in poverty in 2002. The 2005 SAIPE was conducted
in March 2006 and the data are to be matched with population data as of July 1, 2006; it is the
first SAIPE survey conducted after the 2005 Gulf Coast hurricanes. The 2005 SAIPE data likely
will first be available for use in allocating funds for the 2008-2009 school year (FY2008), two
years after the § 103 hold harmless expires.
Section 104 modifies the highly qualified teacher criteria included in § 1119 of the ESEA and the
criteria for qualified paraprofessionals in § 1119(c) of the ESEA. For example, if a teacher were
considered highly qualified in a core academic subject in Louisiana on or before August 22, 2005,
and seeks a teaching position in another state in the same core subject area, the teacher is to be
considered highly qualified in the new state for the 2005-2006 school year, regardless of whether
the teacher meets the highly qualified teacher provisions in the new state. Similar provisions exist ³¹
for special education teachers and paraprofessionals. Section 104 provides a one-year waiver of
the requirement that affected states and the LEAs within those states ensure that all teachers meet
the highly qualified teacher criteria by the end of the 2005-2006 academic year (§ 1119 of the
ESEA), if their failure to comply with this deadline is due to unforseen circumstances, such as a ³²
natural disaster.

³⁰^Fo^{r a}^d^d^iti^oⁿ^a^lⁱⁿ^f^o^rm^atioⁿ^,^{see U.S. Cen}^s^u^s^Bu^reau^at^h^t^t^p^://w^ww^.^cen^su^s.g^o^v^/^h^h^e^s/^www/^saip^e/.
³¹^T^h^{at is, aff}^ected^{states an}^d^L^E^A^s^w^{ill h}^a^v^e^uⁿ^{til t}^h^{e en}^d^o^f^th^e²⁰⁰⁶^-2⁰⁰⁷^sch^o^o^l^y^{ear to}^en^su^{re th}^at^{all teach}^{ers meet}
^t^h^{e h}ⁱ^gh^l^y^q^u^a^lⁱ^fⁱ^e^d^t^each^{er cri}^t^e^ri^a.^In^an^Oct^o^b^e^r²¹^,²⁰⁰⁵^,^l^e^t^t^e^{r t}^o^Chⁱ^e^f^S^t^at^{e S}^c^ho^o^l^Offⁱ^cers,^t^h^{e S}^ecret^ar^y
^a^nno^unc^e^d^tha^t^aⁿ^y^sta^t^e^f^a^iling^{to m}^e^e^t^the²⁰⁰^5-2⁰⁰⁶^de^a^d^line^w^oul^{d be}^g^r^aⁿ^te^d^aⁿ^a^d^diti^ona^{l y}^e^a^r^if^“^t^he^y^a^r^e
^im^plem^eⁿ^ting^the^la^w^a^{nd m}^a^kⁱ^ng^a^g^ood-^f^a^{ith e}^f^f^o^r^t^”^{to m}^e^e^t^the^r^e^quir^e^m^e^{nt. T}^hus^{, w}^h^ile^a^f^f^e^c^t^e^d^s^t^a^t^e^s^a^{nd L}^E^A^s
^{are gu}^aran^t^eed^ext^r^{a t}ⁱ^m^e^t^o^m^e^et^t^h^{e req}^uⁱ^r^em^en^t^s^,^o^t^h^e^{r st}^at^{es m}^a^y^b^e^gr^an^t^e^d^ext^r^{a t}ⁱ^m^{e at}^t^h^{e S}^e^c^r^et^ar^y^’^{s d}ⁱ^scretⁱ^oⁿ^.
^T^h^{e S}^ecret^ar^{y’s l}^e^t^t^e^{r i}^s^avai^l^a^b^l^e^oⁿ^lⁱⁿ^{e at}^ht^t^p^:^/^/^www^.^e^d^.^go^v/^p^o^lⁱ^c^y^/^el^sec/^guⁱ^d^/^s^ecl^et^t^e^r/⁰⁵¹⁰²¹^.^h^t^m^l^.
³²^{For m}^o^re^inf^o^rm^a^{tion o}ⁿ^ESEA^,^T^itle^{I prog}^ra^m^s^{, s}^e^e^{CRS Re}^port^RL³¹⁴⁸^7,^E^duc^atio^{n f}^o^r^the^Dⁱ^s^a^dv^ant^age^d:
⁽^c^onti^nue^d.^..)

The FY2006 defense appropriations provides $5 million for assistance to LEAs serving homeless
children and youth that have been displaced by Hurricane Katrina or Hurricane Rita. The
provision of assistance must be “consistent with” the McKinney-Vento Homeless Assistance Act
(McKinney-Vento, 42 U.S.C. 11433) with the exception of specified allocation and application
provisions. Funds must be disbursed by the Secretary to state educational agencies (SEAs) based
on demonstrated need, and disbursed by SEAs to LEAs based on demonstrated need, for the
purpose of carrying out § 723 of McKinney-Vento. Section 723 authorizes assistance to LEAs to
facilitate the enrollment, attendance, and success in school of homeless children and youth.
McKinney-Vento requires states to ensure that homeless children and youth are provided equal
access to a free, appropriate public education in the same manner as provided other children and
youth. Such education must be provided in a mainstream school environment except for health
and safety emergencies and for “temporary, special, and supplemental” services to meet the
special needs of homeless children and youth.
Section 102 provides $750 million to assist with restarting school operations, reopening of
schools, and re-enrolling students to LEAs and non-public schools in Louisiana, Mississippi,
Alabama, and Texas, that serve an area in which a major disaster has been declared in accordance
with § 401 of the Stafford Act related to Hurricane Katrina or Hurricane Rita. The Secretary is
authorized to make payments to SEAs based on criteria the Secretary deems appropriate, taking
into account the number of students who were enrolled during the 2004-2005 school year in
elementary and secondary schools that were closed on September 12, 2005, or October 7, 2005,
as a result of Hurricane Katrina or Hurricane Rita, respectively. SEAs, in turn, are required to
make payments to LEAs and non-public schools based on the number of school-aged children
served by the LEA or non-public school during the 2004-2005 school year, the severity of the
impact of the hurricanes on the LEA or non-public school, and the extent of the needs of the LEA
or non-public school, except that the amount of funding made available to non-public schools
within each state shall be proportional to the number of non-public schools in relation to the total
number of schools in the state. The program expired on August 1, 2006.
Under the Immediate Aid to Restart School Operations program, SEAs may use funds to provide
assistance to LEAs and non-public schools for the following purposes:
^(A^{) recov}^e^r^y^of^s^t^u^d^eⁿ^{t an}^{d pe}^rs^onⁿ^e^{l data, an}^{d oth}^e^{r electro}ⁿⁱ^{c inf}^o^r^m^a^tion^;
^(B^{) re}^placem^eⁿ^{t of}^s^c^h^{ool dis}^t^{rict in}^f^o^r^m^atioⁿ^s^y^s^t^e^m^s^,ⁱⁿ^cludin^g^h^a^rd^w^a^{re an}^{d s}^o^f^t^w^a^re;
⁽^C⁾^fⁱⁿ^aⁿ^c^{ial o}^p^e^r^a^tioⁿ^s^;
⁽^D⁾^r^easoⁿ^ab^{le tr}^an^sp^o^r^tatioⁿ^co^sts;
^{(E) ren}^t^{al of}^m^{obile edu}^{cational u}ⁿⁱ^ts^aⁿ^{d leas}^ing^ofⁿ^e^u^t^{ral s}^ites^{or s}^p^aces^;

^(...c^on^tin^ue^d)
^Ov^e^r^vⁱ^e^w^{of ESEA T}^itle^{I-A Ame}ⁿ^dmeⁿ^{ts Un}^de^{r the}^No^Chil^d^Le^ft^Be^hin^d^Ac^t^,^by^W^a^yⁿ^e^C^.^Rⁱ^ddle^.^For^m^o^r^e
ⁱⁿ^f^o^rm^atⁱ^oⁿ^oⁿ^hⁱ^gh^l^y^q^u^a^lⁱ^fⁱ^e^d^t^each^{er cri}^t^e^ri^a,^{see CRS}^Rep^o^r^t^R^L³⁰⁸³^4,^K-¹²^Te^ac^he^{r Qu}^ality^{: I}^ssue^s^and
^Le^gis^l^ativ^e^Ac^ti^on^{, by}^J^e^ff^r^e^y^J^.^K^u^eⁿ^zⁱ^.

^{(F) in}^{itial replace}^m^eⁿ^t^ofⁱⁿ^s^t^ru^ction^a^l^m^a^terial^s^an^{d equ}ⁱ^p^m^en^{t, in}^cl^u^dⁱⁿ^g^te^x^t^book^s^;
⁽^G⁾^r^e^d^e^ve^l^o^pⁱ^{ng i}ⁿ^st^r^u^c^tⁱ^o^na^l^p^l^aⁿ^s,ⁱⁿ^c^l^udⁱ^{ng c}^u^r^rⁱ^c^ul^u^m^d^e^ve^l^o^p^m^eⁿ^t^;
^{(H) in}^itiatiⁿ^g^aⁿ^d^m^aⁱⁿ^taiⁿⁱⁿ^g^edu^cation^an^{d s}^u^{pport s}^e^rv^ice^s^{; an}^d
^{(I) s}^u^{ch oth}^e^r^acti^v^itie^s^relate^{d to th}^e^pu^rpos^{e of t}^h^is^s^ectⁱ^oⁿ^t^h^{at are approv}^{ed b}^y^t^h^e³³
^Secretar^y^.
LEAs (including public charter schools that are considered LEAs in accordance with their state
charter school law) and non-public schools may apply to the SEA for services or assistance under
the program, or they may apply to receive funds from the SEA through subgrants. Public agencies
may deliver services directly or may contract for the provision of services and assistance with a
public or private entity. Control of funds for services and assistance provided under the program
(including such items as hardware and software, instructional materials, equipment, or textbooks)
must remain with a public entity; and non-public schools may receive neither funds nor title to
materials, equipment, and property purchased under the program.
Section 107 of the FY2006 defense appropriations authorizes the Secretary to award emergency ³⁴
impact aid grants to SEAs to enable them to award funds to eligible LEAs and Bureau of Indian ³⁵
Affairs (BIA)-funded schools for the education of displaced students. The program is a
temporary emergency aid program in which federal funding is made available to LEAs and
schools on a per-student basis, irrespective of whether the school in which parents have chosen to
enroll their child is a public or nonpublic school. Aid is limited to LEAs and schools serving
students displaced by Hurricanes Katrina and Rita. Under the program, the Secretary makes four
quarterly payments to SEAs, which in turn award funds to LEAs and BIA-funded schools on a
per-student basis. LEAs and eligible BIA-funded schools may use these funds for the purpose of
providing services and assistance to elementary and secondary schools enrolling displaced
students during the 2005-2006 school year. LEAs serving areas in which displaced students
enrolled in nonpublic schools prior to December 20, 2005 must deposit a proportionate amount of
funds into student accounts on behalf of such students. Nonpublic schools, in turn, may access
funds from student accounts for authorized uses. A maximum of $6,000 may be made available
per displaced student (and up to $7,500 per displaced student served under IDEA, Part B). The
amount to be deposited into each student account may not exceed the cost of tuition and fees at
the nonpublic school a student attends. Nonpublic schools also must waive or reimburse tuition in
order to access funds from student accounts. For FY2006, $645 million has been appropriated.
The program initially expired on August 1, 2006. However, P.L. 109-234 (discussed later)
extended the period of obligation until September 30, 2006, but only for expenses incurred during
the 2005-2006 school year.

³³^FY20⁰⁶^de^f^e^nse^a^ppro^p^ria^tio^ns,^Divⁱ^{sion B, T}^itle^V^I-A^—Hurric^aⁿ^e^Ed^uc^a^tion^Re^c^o^v^e^r^y^A^c^{t, § 10}^2(e^)(1).
³⁴^T^h^{is p}^r^o^g^ra^m^{is d}ⁱ^stin^c^t^f^r^o^m^th^e^Im^p^a^c^t^Aⁱ^d^p^r^o^g^ra^m^a^u^th^o^r^iz^e^d^uⁿ^d^e^{r ES}^EA^{, T}^itle^V^III.
³⁵^Un^d^e^{r t}^h^{e p}^r^o^g^ram^,^{a “d}ⁱ^s^p^l^aced^st^u^d^eⁿ^t^{” m}^ean^{s a st}^u^d^eⁿ^t^w^h^{o en}^r^o^l^l^e^dⁱⁿ^a^dⁱ^f^f^e^r^eⁿ^t^el^e^m^en^t^a^r^y^sc^h^o^o^l^o^r
^s^e^c^onda^r^y^s^c^{hool tha}ⁿ^the^s^t^ude^nt^w^a^s^eⁿ^r^o^lle^{d in}^or^w^a^s^e^lig^ible^to^eⁿ^r^o^llⁱⁿ^b^ecau^{se t}^h^{e st}^ud^en^t^resi^d^e^dⁱⁿ^an^{area f}^o^r
^w^hⁱ^c^h^{a maj}^o^{r d}ⁱ^sast^{er h}^a^{s b}^een^decl^ared^rel^a^t^e^d^t^o^Hu^rri^can^{e Kat}^rⁱⁿ^{a o}^r^H^u^rri^can^{e Ri}^t^a^.

Under the Temporary Emergency Impact Aid for Displaced Students program, federal funding is
made available to LEAs, BIA-funded schools, and non-public schools (including religiously
affiliated schools) on a per-student basis. Funds are allocated through SEAs to LEAs and BIA-
funded schools on the basis of the number of displaced students enrolled in public and non-public
schools operating within the jurisdiction of LEAs. If insufficient funds are available to pay the
full amount which an LEA or BIA-funded school is eligible to receive, then awards are
proportionately reduced. LEAs are eligible to receive funds on the basis of counts of displaced
students, even if such students were displaced from schools located within the same LEA. LEAs
are required to deposit funds allocated for displaced students enrolled in non-public schools into
student accounts established on their behalf. Funds deposited into student accounts then become
available to the non-public schools attended by eligible displaced students.
On March 2, 2006, the Secretary announced grants for the first quarter. A total of 157,743
displaced students were reported as eligible and an initial payment of $750 was made available
per student with no disabilities and $937.50 per student with disabilities. This initial payment
represents approximately one-quarter of the amount expected to be made available per displaced
student; however, allocations may be revised upward or downward as more complete data
become available. Data on payments for additional quarters are discussed in a subsequent section
of this report.
LEAs, BIA-funded schools, and eligible non-public schools may use Temporary Emergency
Impact Aid for Displaced Students program funds for the following purposes:
⁽^A⁾^p^a^yⁱ^{ng t}^h^e^c^o^m^p^eⁿ^sa^tⁱ^oⁿ^o^f^p^e^r^s^o^nne^l^,ⁱⁿ^c^l^udⁱ^{ng t}^e^a^c^h^e^r^aⁱ^d^e^s,ⁱⁿ^sc^ho^o^l^{s e}ⁿ^r^o^l^lⁱ^ng
^dis^p^{laced s}^t^u^d^en^t^s^;
⁽^B⁾ⁱ^d^eⁿ^tⁱ^f^yⁱⁿ^g^aⁿ^d^a^c^q^uⁱ^rⁱⁿ^g^c^u^r^rⁱ^c^u^l^a^r^m^a^t^e^rⁱ^a^l^,ⁱⁿ^c^l^u^dⁱⁿ^g^t^h^e^c^o^s^t^s^o^f^p^r^o^vⁱ^dⁱⁿ^g^ad^d^itioⁿ^a^l
^clas^s^r^oo^m^s^u^pplies^,^an^d^m^obil^e^edu^cation^a^{l un}^it^s^an^{d leas}^{ing s}^ites^{or s}^p^aces^;
⁽^C⁾^b^a^sⁱ^cⁱⁿ^s^t^r^u^c^tⁱ^o^na^l^s^e^r^vⁱ^c^e^s^fo^r^s^u^c^h^s^t^ud^eⁿ^t^s^,ⁱⁿ^c^l^udⁱ^{ng t}^u^torin^g^,^m^eⁿ^t^oring^,^or^academ^ic
^c^o^unse^lⁱⁿ^g;
⁽^D⁾^r^easoⁿ^ab^{le tr}^an^sp^o^r^tatioⁿ^co^sts;
^{(E) h}^ealth^an^{d coun}^s^e^lⁱ^ng^s^e^r^v^ices^{; an}^d
^(F^{) edu}^catⁱ^oⁿ^an^{d su}^pport^s^e^rvⁱ^ces^.³⁶
These funds may not be used for construction or major renovations.
Under the program, neither LEAs nor non-public schools are required to use funds exclusively to
serve displaced students. While funds may be used specifically to serve displaced students, they
may also be used for activities and services related to serving displaced students, such as
educational programs or transportation services that benefit both displaced students and other ³⁷
students.

³⁶^FY20⁰⁶^de^f^e^nse^a^ppro^p^ria^tio^ns,^Divⁱ^{sion B, T}^itle^V^I-A^—Hurric^aⁿ^e^Ed^uc^a^tion^Re^c^o^v^e^r^y^A^c^{t, § 10}^7(e^)(1).
³⁷^D^e^pa^r^t^m^e^{nt of}^Educ^a^tion,^V^o^l^u^m^e^I,^R^evi^sed^F^r^eq^u^e^nt^l^y^A^s^ked^Questⁱ^oⁿ^s^,^E^m^erg^eⁿ^{cy Impa}^ct^Aⁱ^d^f^o^{r Di}^sp^l^a^ced
^Stu^d^eⁿ^ts^,^Fe^brua^ry^{2, 2}⁰⁰⁶^,^#2^8,^#45^{, a}ⁿ^{d #}⁴⁶^,^a^t^http^://h^u^rric^aⁿ^e^h^e^l^pf^ors^c^hools^.^g^o^v^/^prog^inf^o^/^f^a^q^-im^p^a^c^t^.pdf^{, v}ⁱ^s^ite^d
^Ma^r^c^{h 6,}²⁰⁰⁶^.

SEAs must notify parents and guardians of displaced students that they have the option of
enrolling their child in a public or non-public school; and that the aid provided under the program
is temporary and only available for the 2005-2006 school year. The program contains no
prohibition against non-public schools using federal funds received through student accounts to
compensate personnel engaged in religious instruction, or to purchase curricular materials and ³⁸
classroom supplies to be used in religious instruction. Funds may be deposited into student
accounts only at the request of the parent or guardian of a displaced student and a parent or
guardian of a displaced student must be provided the option of having their child opt out of
religious worship or religious classes. While students may opt out of religious instruction, there
does not appear to be any prohibition against funds made available on a child’s behalf (at the
request of the child’s parent or guardian) being used for religiously oriented activities on a
schoolwide basis.
The bill provides the Secretary with the authority to waive or modify any statutory or regulatory
requirement related to HEA Title IV student financial aid programs or any student or institutional
eligibility provision in the HEA if such waiver is deemed necessary by the Secretary in ³⁹
connection with a Gulf hurricane disaster to ensure that administrative requirements are
minimized to ease the burden on affected students, affected individuals, affected institutions,
lenders, guaranty agencies, and grantees without damaging the integrity of the HEA programs.
This authority may be exercised to grant temporary relief from requirements that are rendered
infeasible or unreasonable as a result of the effects of a Gulf hurricane disaster. The Secretary
may also extend or waive various reporting requirements under § 131(a) of the HEA.
At the request of the grantee, the Secretary may modify the requirements for Teacher Quality
Enhancement Grants for States and Partnerships authorized under HEA Title II, Part A.
Modifications may be made to aid states and LEAs in recruiting and retaining highly qualified
teachers in an LEA in an area affected by a Gulf hurricane disaster, and to aid IHEs, located in
such an area, in recruiting and retaining faculty needed to prepare teachers and provide ⁴⁰
professional development.

³⁸^T^h^is^a^s^pe^c^t^of^the^pr^og^r^a^m^m^a^y^ha^v^e^the^poteⁿ^tia^{l t}^o^r^a^is^e^is^s^u^e^s^c^onc^e^rⁿⁱ^ng^the^s^e^pa^r^a^tio^{n of}^c^hur^c^h^aⁿ^d^s^t^a^t^e^un^de^r
^the^Fir^s^{t A}^m^eⁿ^d^m^eⁿ^{t to the}^Uⁿ^ite^{d Sta}^t^e^s^C^o^ns^tit^utioⁿ^de^peⁿ^d^ing^oⁿ^w^h^e^t^he^r^aⁱ^d^pr^ov^ide^d^thr^oug^h^s^t^ude^nt^a^c^c^ounts^is
^inte^r^p^r^e^te^{d a}^s^dir^e^c^t^orⁱⁿ^dir^e^c^t^{. F}^o^r^a^m^o^r^e^thor^oug^h^dis^c^us^sⁱ^oⁿ^of^c^hur^c^h^-^s^ta^te^s^e^pa^r^a^tio^{n is}^s^u^e^s^{, s}^e^e^C^R^S^R^e^por^t
^R^L³⁰¹⁶^5,^E^duc^atio^{n V}^ouc^he^r^s^:^C^ons^tit^uti^oⁿ^a^{l I}^s^s^u^e^s^aⁿ^d^C^a^s^e^s^,^by^Aⁿ^gⁱ^e^A^.^We^lbor^n.
³⁹^A^G^u^l^f^h^u^rri^can^{e d}ⁱ^sast^{er i}^s^d^e^fⁱⁿ^e^d^{as a d}ⁱ^sast^er,^{as d}^ecl^ared^b^y^t^h^{e P}^r^esi^d^eⁿ^tⁱⁿ^acco^rd^an^{ce w}ⁱ^t^h^§⁴⁰¹^o^f^t^h^e
^S^t^aff^o^rd^A^c^t^,^t^h^at^w^a^{s c}^a^u^s^ed^b^y^Hu^rri^can^{e Kat}^rⁱⁿ^{a o}^r^Hu^rri^can^{e R}ⁱ^t^a^.
⁴⁰^Fo^{r m}^o^{re in}^f^o^rm^atioⁿ^oⁿ^T^each^er^Qu^ality^En^h^aⁿ^cem^en^t^G^r^an^{ts, see}^{CRS Rep}^o^r^{t RL}³¹⁸⁸²^,^Te^ac^he^{r Quality}
^Enh^anc^e^m^eⁿ^{t G}^r^aⁿ^ts⁽^T^itle^{II, P}^a^r^t^{A of}^the^Hⁱ^ghe^r^E^duc^at^io^{n Ac}^t)^{: O}^v^e^r^vⁱ^e^w^{and Re}^a^u^th^or^iz^at^io^{n I}^s^s^u^e^s^{, b}^y^Je^ff^re^y^J.
^Ku^en^zi^.

Upon request by an affected institution or other grantee located in an area affected by a Gulf
hurricane disaster, the Secretary has the authority to modify the required and allowable uses of
funds under the TRIO and GEAR-UP programs (HEA Title IV, Part A, Subpart 2, Chapters 1 and
2, respectively), programs authorized under Strengthening Institutions (HEA Title III, Part A) or
Strengthening Historically Black Colleges and Universities (HEA Title III, Part B), and under any
other competitive grant program. The Secretary may not authorize any new construction,
renovation, or improvement of classrooms, libraries, laboratories, or other instructional facilities
that was not previously authorized under the institution’s grant award under part A or B of Title ⁴¹
III.
Of the $200 million appropriated to provide assistance for higher education, $95 million was
specifically appropriated to the Mississippi Institutes of Higher Learning (public universities and
colleges in Mississippi), $95 million was specifically appropriated for the Louisiana Board of
Regents, and $10 million was specifically appropriated to assist IHEs that enrolled students
displaced as a result of Hurricane Katrina or Hurricane Rita.
The $95 million for the Mississippi Institutes of Higher Learning was appropriated to provide
assistance to students attending IHEs that are located in an area in which a major disaster has
been declared in accordance with § 401 of the Stafford Act related to the 2005 Gulf of Mexico ⁴²
hurricanes and who are eligible for assistance under the FSEOG, LEAP, and FWS. No
requirements related to matching, federal share, reservation of funds, or MOE that would
otherwise apply are applicable to this funding.
The $95 million appropriated for the Louisiana Board of Regents was appropriated under the ⁴³
Fund for the Improvement of Postsecondary Education [FIPSE (HEA Title VII, Part B)]. FIPSE
is a competitive grant program focused on a broad range of issues related to improving
postsecondary educational opportunities. Under current law, entities with a stake in higher
education, such as IHEs, SEAs, LEAs, and professional associations, are eligible grantees. Under
the FY2006 defense appropriations, the funds provided to Louisiana under the FIPSE program
must be used to provide emergency assistance to IHEs located in an area affected by Gulf
hurricanes based on demonstrated need, and may be used for student financial assistance, faculty
and staff salaries, equipment and instruments, or any purpose authorized under the HEA.
In addition, $10 million of the $200 million was reserved for the Secretary to make payments to
IHEs that enrolled displaced students from IHEs directly affected by the hurricanes in the Gulf of

⁴¹^For^m^o^r^e^inf^o^r^m^a^{tion o}ⁿ^T^R^I^O^a^{nd G}^E^A^R^U^P^pr^og^r^a^m^s^{, s}^e^e^C^R^S^R^e^por^{t R}^L³¹⁶²^2,^T^r^io^aⁿ^d^GEA^R^{UP Prog}^ra^ms:
^Stat^us^aⁿ^d^I^s^s^u^e^s^{, b}^y^Je^ff^r^e^y^{J. K}^u^eⁿ^zⁱ^{. F}^o^{r m}^o^reⁱⁿ^f^o^rm^a^tioⁿ^oⁿ^HEA^T^itle^{III p}^r^o^g^ra^m^s^{, se}^e^{CRS R}^e^p^o^r^{t RL}³¹⁶⁴⁷^,
^Title^III^aⁿ^d^Tit^l^e^{V o}^f^t^h^e^Hig^h^e^r^Ed^u^c^a^tioⁿ^Ac^{t: B}^a^c^k^g^ro^uⁿ^d^aⁿ^d^Re^a^u^t^h^o^r^iza^t^ioⁿ^Issu^e^s^,^b^y^Ch^ar^maiⁿ^{e M}^e^rcer.
⁴²^I^t^s^h^o^u^l^d^be^note^d^t^h^a^t^s^t^a^t^ut^or^y^la^ng^ua^g^e^r^e^quir^e^s^s^t^ude^nts^to^be^e^l^ig^ible^f^o^r^FSEO^G^{, L}^E^A^P^,^an^d^F^W^S^t^o^recei^ve
^assi^st^an^ce.^Itⁱ^s^p^o^ssi^b^l^{e t}^h^at^t^h^{e l}^aⁿ^g^u^a^ge^m^a^{y b}^eⁱⁿ^t^e^rp^ret^e^d^t^oⁱⁿ^c^l^u^d^e^st^u^d^eⁿ^t^s^recei^viⁿ^g^assi^st^an^ce^uⁿ^d^e^{r an}^y^o^f^t^h^ese
^t^h^{ree p}^r^o^g^ram^s^o^r^{a co}^m^bⁱⁿ^atⁱ^oⁿ^o^f^t^h^{ese p}^r^o^g^ram^s^a^s^b^eⁱⁿ^{g el}ⁱ^gⁱ^b^l^e^f^o^{r assi}^st^an^ce.
⁴³^For^m^o^r^e^inf^o^r^m^a^{tion o}ⁿ^the^Fuⁿ^d^f^o^r^the^I^m^pr^ov^e^m^eⁿ^{t of}^Pos^t^s^e^c^onda^r^y^Educ^a^tio^{n, s}^e^e^C^R^S^R^e^po^r^t^R^S²¹⁶^53,
^Fun^d^f^o^r^the^I^m^pr^ov^e^m^eⁿ^{t of}^Pos^t^s^e^c^ondar^y^E^duc^a^tio^n:^B^a^c^k^g^r^o^uⁿ^d^a^nd^Fu^ndi^ng^{, by}^Bonⁿ^ie^F.^Ma^ng^aⁿ^.

Mexico. These funds were made available to defray the unanticipated costs of enrolling displaced
students. Overall, 99 IHEs in 24 states and the District of Columbia received grants under this ⁴⁴
program.
Title IV, § 301 of the FY2006 defense appropriations includes several waivers related to IDEA
that the Secretary may provide by entering into an agreement with an eligible entity. The
available waivers extend certain administrative deadlines, such as the deadline for submission of ⁴⁵
an annual report on the progress of the state and of children with disabilities in the state. The
available waivers also extend the deadline for initial evaluation of children to determine their ⁴⁶
eligibility for IDEA. Any agreement entered into under § 301will terminate at the end of the
2005-2006 academic year. Section 301(c) clarifies that nothing in the section shall be interpreted
to grant waiver authority over key IDEA provisions, such as the right to a free appropriate public ⁴⁷
education (FAPE) or procedural safeguards granted under the act.

On February 16, 2006, the Administration submitted two separate requests for FY2006
supplemental appropriations to support ongoing military operations in Iraq and Afghanistan, as
well as to provide for recovery and reconstruction activities in hurricane-affected Gulf Coast
areas. Despite the inclusion of additional support for areas affected by the Gulf Coast hurricanes
in 2005, the Administration did not request additional funding specifically for education. On
March 17, 2006, the House passed a supplemental appropriation measure (H.R. 4939; H.Rept.

109-388), which did not include any education-related hurricane relief funding. On May 5, 2006,

the Senate approved its version of H.R. 4939 (S.Rept. 109-320). The Senate bill would have
provided an additional $881.5 million for education-related hurricane relief. The H.R. 4939
conference agreement (H.Rept. 109-494) included $285 million for education-related hurricane
relief. The House passed the conference report on June 13, 2006, by a vote of 351-67. The Senate
approved the conference report on June 15, 2006, by a vote of 98-1. The President signed the bill,
the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and ⁴⁸
Hurricane Recovery, 2006, into law as P.L. 109-234, on June 15, 2006.

⁴⁴^B^a^s^e^{d on}^da^ta^a^v^a^ila^ble^f^r^om^the^D^e^pa^r^t^m^e^{nt of}^Educ^a^tio^{n. D}^a^ta^a^v^a^ila^ble^onliⁿ^e^a^t^ht^tp:/^/w^w^w^.e^d.gov^/polic^y^/
^hig^h^e^r^e^d^/^g^uid/^s^p^-^a^lloc^a^tion.^pdf^.
⁴⁵^ED^ha^s^is^s^u^e^d^pr^op^os^e^d^r^e^g^u^la^tio^ns^r^e^f^l^e^c^ting^c^h^aⁿ^g^e^s^m^a^de^{to I}^D^EA^b^y^the²⁰^{04 r}^e^a^u^t^hor^iz^a^tion⁽^P^.L^{. 10}^8-⁴⁴⁶⁾^.
^T^h^e^r^e^le^va^{nt pr}^ov^is^io^{n i}ⁿ^t^h^e^pr^op^os^e^d^r^e^g^u^la^tio^ns^is^§³^00.¹⁵⁷⁽^c⁾⁽⁷⁰^Fe^de^{ral Re}^gⁱ^ste^r³⁵⁸⁵^{1, J}^une^21,²⁰⁰⁵⁾^.
⁴⁶^T^h^is^de^a^d^line^is^a^ne^w^r^e^quir^e^m^e^{nt r}^e^s^u^lti^ng^f^r^om^the²⁰⁰^{4 r}^e^a^u^t^h^or^iz^a^tion^of^I^D^EA⁽^P^.L^{. 1}^08-⁴⁴⁶⁾^{. ED}^ha^s^is^s^u^e^d
^pr^o^pos^e^d^r^e^g^u^la^ti^ons^r^e^f^l^e^c^ting^c^h^aⁿ^g^e^s^m^a^de^{to I}^D^EA^b^y^the²⁰⁰⁴^r^e^a^u^thor^iz^a^tⁱ^on.^T^h^e^r^e^le^v^a^{nt pr}^o^vⁱ^sⁱ^{on i}ⁿ^the
^pr^o^pos^e^d^r^e^g^u^la^ti^ons^is^§³⁰^0.3⁰¹⁽^c⁾⁽¹⁾⁽ⁱ⁾⁽⁷⁰^Fe^de^ra^{l Re}^giste^r³⁵⁸^62,^J^une^21,²⁰⁰⁵⁾^.
⁴⁷^For^m^o^r^e^inf^o^r^m^a^{tion o}ⁿ^I^D^EA^{, s}^e^e^C^R^S^R^e^por^{t R}^S²²¹³^8,^The^Iⁿ^divⁱ^d^{uals wi}^{th Dis}^abil^itie^{s Ed}^uc^at^ion^Ac^{t (}^I^DEA):
^Overvi^{ew o}^f^P^.^L^.¹⁰⁸^-⁴⁴⁶^,^by^N^a^nc^y^L^e^e^J^one^s^a^{nd R}ⁱ^c^h^a^r^{d N}^.^A^p^ling^.
⁴⁸^For^m^o^r^e^inf^o^r^m^a^{tion a}^b^o^u^t^P.L^.¹⁰⁹^-²^34,^s^e^e^C^R^S^R^e^por^t^R^L³³²^98,^FY2⁰⁰⁶^Su^pple^m^eⁿ^t^a^{l A}^ppr^op^rⁱ^atio^ns^:^I^r^a^q
⁽^c^onti^nue^d.^..)

The Senate bill would have provided an additional $650 million to support K-12 schools affected
by the 2005 Gulf Coast Hurricanes. Of these funds, $300 million would have been provided for
the Temporary Emergency Impact Aid for Displaced Students program authorized by the FY2006
defense appropriations. The remaining funds would have been designated for Innovative
Education State Grants (ESEA Title V-A) for the 2006-2007 school year for expenses related to ⁴⁹
educating students displaced by the Gulf Coast hurricanes of 2005.
The conference agreement included $235 million to assist elementary and secondary schools
serving displaced students during the 2005-2006 school year under the Temporary Impact Aid
program. The conference agreement extended the period of time by which SEAs and LEAs may
obligate funds under this program from August 1, 2006, to September 30, 2006, provided funds
are used only for expenses incurred during the 2005-2006 school year. The agreement did not
provide funds for displaced students through ESEA Title V-A, as proposed by the Senate bill.
The Senate bill would have required charter schools, as defined in ESEA, § 5210, to be eligible
for reimbursement under the Stafford Act for damages incurred to public schools as a result of
Hurricane Katrina or Hurricane Rita. The bill specifies that reimbursement shall be accorded to
charter schools regardless of whether the facility in which they are housed is privately or publicly ⁵⁰
owned.
Under the Stafford Act, reimbursement for damages to facilities resulting from the 2005 Gulf
Coast hurricanes is available to public facilities. Until recently, this included regular public
schools as they were housed in public facilities, but not necessarily charter schools located in
facilities privately owned. Charter schools that were located in privately owned facilities were
required to apply to the Small Business Administration (SBA) for a loan to support renovation
and reconstruction efforts. If the school was denied assistance through the SBA, they might then
be eligible for assistance under the Stafford Act.
As of May 11, 2006, FEMA issued a new recovery policy with respect to charter schools that are ⁵¹
located in privately owned facilities. Such schools as defined in ESEA § 5210 were recognized
as local government applicants for purposes of applying for public assistance under the Stafford
Act, thereby eliminating the need for them to first apply to the SBA for assistance. In a letter to
Senator Vitter dated May 12, 2006, the Department of Homeland Security described the new

^(...c^on^tin^ue^d)
^and^Othe^{r I}ⁿ^te^rnat^io^nal^Ac^tiv^itie^{s; Add}^itio^na^{l Hurric}^a^ne^Katri^na^R^e^lie^f^{, by}^P^a^ul^{M. Irw}^{in e}^t^a^l^.
⁴⁹^By^a^u^thoriz^ing^the^f^uⁿ^d^s^u^nde^{r T}^itle^V^-^A^,^c^h^il^dreⁿ^eⁿ^r^o^lle^dⁱⁿ^priv^a^t^e^s^c^hools^w^oul^{d ha}^v^e^c^onti^nue^d^to^be^e^lig^ible^t^o
^be^ne^f^{it f}^r^o^m^a^v^a^ila^ble^f^unds^{. T}^itl^e^V-^A^,^{§ 5}¹⁴²^r^e^q^u^ir^e^s^tha^t^c^h^il^dr^eⁿ^eⁿ^r^o^l^l^e^dⁱⁿ^pr^iv^a^t^e^s^c^hools^be^e^lig^ible^to
^pa^rtic^ipa^t^eⁱⁿ^the^T^itle^V^-^A^prog^ra^m^{on a}ⁿ^e^quita^ble^ba^{sis. T}^h^e^f^uⁿ^d^{s m}^a^y^onl^y^be^use^d^to^pr^ov^ide^se^c^u^la^{r, ne}^utra^l^,^or
^non^-ide^o^l^og^ic^a^l^s^e^rv^ic^e^s^,^m^a^te^ria^l^s^,^a^{nd e}^q^ui^pm^eⁿ^{t, a}^s^w^e^{ll a}^s^mⁱ^no^{r re}^pa^irs^of^pu^blic^f^a^c^ilitie^s^.^A^public^a^g^eⁿ^cy^m^u^s^t
^a^d^mⁱ^nis^t^e^r^a^{ll pr}^og^r^a^m^f^unds^aⁿ^d^r^e^ta^{in ow}^ne^r^s^hip^of^aⁿ^y^m^a^te^rⁱ^a^l^s^,^e^qui^pm^eⁿ^{t, or}^pr^ope^r^t^y^r^e^pa^ir^e^d^.
⁵⁰^I^f^the^c^h^a^r^te^r^s^c^hool^v^{acates th}^{e facility}^an^d^{is n}^o^t^re^p^l^aced^b^y^an^o^t^h^e^{r ch}^{arter sch}^o^o^l^w^ithⁱⁿ^fⁱ^v^e^y^e^a^r^{s o}^f^th^e
^c^o^m^p^le^{tion of}^r^e^pa^ir^s^,^FE^MA^f^unds^m^u^s^t^be^r^e^pa^id.
⁵¹^In^t^e^ri^m^F^E^M^A^reco^ver^y^p^o^lⁱ^c^y^d^o^c^u^m^en^t^a^tⁱ^oⁿ^ob^t^aⁱⁿ^ed^di^rect^l^y^f^r^o^m^F^E^M^A^.^A^v^ai^l^a^b^l^e^f^r^o^m^rep^o^r^t^au^t^h^o^r^(Reb^ecca
^R^.^Sk^inne^r⁾^up^on^r^e^que^s^t^.

policy.⁵² It noted that assistance to charter schools would be limited if a third party, such as an
insurance agency or building landlord (other than a local government unit, including a charter
school), is responsible for funding repairs to the facility. It stated that existing statutory authority
granted by the Stafford Act was sufficient to address the recovery efforts of charter schools, and
that based on consultations with ED, the Administration had determined that the aforementioned
language included in H.R. 4939 was not necessary to ensure the “fair and equitable treatment of ⁵³
charter schools damaged by Hurricanes Katrina and Rita.”
The Senate bill would also have provided additional education-related hurricane assistance for
higher education. The Senate bill would have provided $200 million to create a new Education
Relief Loan Program that would provide long-term, low-interest direct loans to postsecondary
institutions for direct or indirect loses suffered as a result of having to suspend their operations ⁵⁴
and being unable to reopen in existing facilities due to the effects of Hurricanes Katrina or Rita.
The Senate bill would also have modified provisions of the Historically Black College and ⁵⁵
University Capital Financing Program for historically black colleges and universities (HBCUs)
located in an area affected by a Gulf Coast hurricane disaster. While the proposed statutory
language did not specify appropriations to support these modifications, a table in the Senate
report (S.Rept. 109-230, p. 139) indicates that $15 million would have been provided for this
purpose. The bill would also have provided an additional $30 million under FIPSE specifically to
provide grants to IHEs adversely affected by the 2005 Gulf Coast hurricanes. Finally, the bill
would have allowed funds provided to the Mississippi Institutes of Higher Learning under the
FY2006 defense appropriations to be used for activities authorized by FIPSE. This would have
provided additional flexibility in the use of funds, and provided the Mississippi Institutes of
Higher Learning with the same flexibility accorded to Louisiana in the FY2006 defense
appropriations.
The conference agreement provided $50 million under FIPSE to assist IHEs adversely affected by
the 2005 Gulf Coast hurricanes. It did not, however, include funding to create a new loan program
for IHEs. The conference agreement modified provisions of the HBCUs Capital Financing ⁵⁶
Program, as proposed by the Senate. The statutory language authorizing these modifications
does not specify a level of appropriations to support the modifications. The conference
agreement, however, scored this provision at $15 million, the same as the Senate bill. Finally, the
conference agreement provided the Mississippi Institutes of Higher Learning with the additional
flexibility proposed in the Senate bill.

⁵²^L^e^t^t^e^{r t}^o^S^eⁿ^a^t^o^r^Vⁱ^t^t^e^{r ob}^t^aⁱⁿ^e^d^dⁱ^rect^l^y^f^r^o^m^F^E^M^A^.^Avai^l^a^b^l^e^f^r^o^m^rep^o^r^t^au^t^h^o^r^(Reb^{ecca R.}^S^kⁱⁿⁿ^e^{r) up}^on
^r^e^que^s^t^.
⁵³^T^h^{e l}^e^t^t^e^{r assert}^{s t}^h^at^t^h^{e l}^aⁿ^g^u^a^{ge i}ⁿ^cl^u^d^e^dⁱⁿ^H.^R^.⁴⁹³⁹^m^a^y^est^a^b^lⁱ^s^h^{an “u}ⁿ^f^o^r^t^uⁿ^a^t^e^p^r^eced^en^t^”^an^d^m^a^y
^“^unin^t^eⁿ^ti^ona^lly^c^a^u^se^sigⁿ^if^ic^aⁿ^{t im}^ple^m^eⁿ^ta^{tion issue}^s^.”
⁵⁴^T^h^e^{bill a}^l^s^o^w^ould^ha^v^e^prov^ide^d^$³⁰⁰^m^illion^f^o^{r the}^pr^incⁱ^pa^l^a^m^{ount of}^the^dⁱ^re^c^t^loaⁿ^s^.
⁵⁵^Elig^ib^leⁱⁿ^stitu^tioⁿ^s^m^u^{st m}^e^e^t^th^e^d^e^fⁱⁿ^itioⁿ^o^f^a^“^p^a^r^{t B i}ⁿ^stitu^tⁱ^oⁿ^”ⁱⁿ^c^l^u^d^e^dⁱⁿ^HEA^T^itle^{III, §}³²²^.
⁵⁶^F^o^{r exam}^p^l^e,^P^.^L^.¹⁰⁹^-²³⁴^p^r^o^vⁱ^d^ed^t^h^{e S}^ecret^ar^y^t^h^{e au}^t^h^o^rⁱ^t^y^t^o^w^aⁱ^v^{e o}^r^m^o^dⁱ^fy^an^y^st^at^u^t^o^r^y^o^r^regu^l^a^t^o^ry
^pr^ov^is^io^ns^to^eⁿ^s^u^r^e^t^h^a^t^t^h^e^c^a^l^c^u^la^tion^of^fⁱ^na^nc^ing^f^o^r^aⁿ^{HBCU re}^f^l^e^c^{ts c}^h^aⁿ^g^e^{s in the}^fⁱ^na^nc^ia^{l c}^o^nditi^on^of^the
^institu^tio^{n a}^s^a^re^sult^of^the²⁰⁰⁵^G^u^lf^Coa^s^{t hurric}^aⁿ^e^s^.

On May 25, 2007, the President signed into law the U.S. Troop Readiness, Veterans’ Care,
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28). Although the
Administration’s request for FY2007 supplemental appropriations did not include a request for
education-related hurricane relief funding, the final bill includes $60 million for this purpose. The
total appropriation was divided equally between K-12 education and postsecondary education
programs.
P.L. 110-28 provides $30 million for the Fund for the Improvement of Education (FIE;
Elementary and Secondary Education Act, Title V, Part D, Subpart 1) for the states of Louisiana,
Mississippi, and Alabama to use for recruiting, retaining, and compensating school staff who
commit to work for at least three years in public elementary and secondary schools affected by
Hurricanes Katrina or Rita. These funds will remain available until expended. States must apply
to receive these funds, and the funds will be allocated based on the number of public elementary
and secondary schools that were closed for 19 days or more beginning August 29, 2005, through
December 31, 2005, as a result of Hurricanes Katrina or Rita. States will subsequently allocate
funds to LEAs with the highest percentages of public elementary and secondary schools that were
closed as a result of Hurricanes Katrina or Rita and that remain closed as of the date of enactment
of this act, followed by LEAs with the highest percentages of public elementary and secondary
schools with a student-teacher ratio of at least 25 to 1. If funds remain available after these
distributions, the remaining funds are to be distributed to LEAs with demonstrated need, as
determined by the State Superintendent of Education.
Efforts to recruit, retain, and compensate school staff may include paying salary premiums,
performance bonuses, housing subsidies, signing bonuses, and relocation costs, and providing
loan forgiveness. Priority must be given to teachers, school-based principals and other school
administrators, and other educators who previously worked or lived in one of the areas affected
by Hurricanes Katrina or Rita, are currently employed or become employed in a school in an
affected area, and commit to continue their employment in that school for at least three years.
If a state chooses to use the funds to provide performance bonuses, the SEA has no more than 60
days from the date of enactment to develop a plan for a rating system for performance bonuses,
developed in collaboration with LEAs, teachers’ unions, local principals’ organizations, local
parents’ organizations, local business organizations, and local charter schools organizations. If
agreement on a plan cannot be reached, the SEA must notify Congress and no later than 30 days
following this notification, the SEA must establish and implement a rating system that is based on
classroom observation and feedback conducted at least twice annually by multiple individuals,
and evaluated against research-based rubrics that use planning, instructional, and learning
environment standards to assess teacher performance. However, these requirements do not apply ⁵⁷
to states that enacted a law in 2006 authorizing teacher performance pay.

⁵⁷^Sta^t^ut^or^y^la^ng^ua^g^e^r^e^f^e^r^e^nc^e^s^{2006 s}^p^e^cⁱ^fⁱ^c^a^l^l^y^a^{nd doe}^sⁿ^o^{t a}^d^dr^e^s^s^la^w^s^tha^t^m^a^y^hav^e^be^eⁿ^eⁿ^a^c^t^e^d^prⁱ^o^r^t^o²⁰⁰⁶^.

The funds may also be used for one or more of the following three purposes:
(1) building the capacity, knowledge, and skill of school staff to provide an effective education,
including the design, adaptation, and implementation of high-quality formative assessments;
(2) establishing partnerships with nonprofit entities with experience in recruiting and retaining
outstanding school staff; and
(3) providing paid release time for teachers and principals to identify and replicate successful
practices from the highest performing schools and the fastest improving schools.
The act also authorizes new uses of funds under the Immediate Aid to Restart School Operations
program (authorized by P.L. 109-148). Specifically, funds may also be used by Louisiana,
Mississippi, Alabama, and Texas for recruiting, retaining, and compensating new and current
school staff for school-based positions in public elementary and secondary schools affected by
Hurricanes Katrina or Rita, including the use of paying salary premiums, performance bonuses,
housing subsidies, signing bonuses, and relocation costs, and providing loan forgiveness. Further,
funds may be used for the same three purposes allowed for funds made available under FIE (e.g.,
to build the capacity, knowledge, and skills of school staff).
P.L. 110-28 also provides $30 million to be made available under FIPSE for institutions of higher
education affected by Hurricanes Katrina or Rita. The funds may be used to help defray the
expenses incurred by institutions that were forced to close, relocate, or reduce their activities due
to damage caused by the hurricanes. These expenses may include lost revenue, reimbursement for
expenses already incurred, and construction. The funds may also be used by these IHEs to make
grants to students enrolled at these institutions beginning on or after July 1, 2006.

This section provides an analysis of federal funding provided for K-12 and higher education that
is being administered by the Department of Education (ED), including how this funding compares
to all federal funding provided in response to the Gulf Coast hurricanes of 2005, and the amount
of funding received by specific states (in particular, Louisiana, Mississippi, Alabama, and Texas)
affected by the Gulf Coast hurricanes. The detailed analysis is limited to appropriations made ⁵⁸
available by Congress through the FY2006 defense appropriations.

⁵⁸^Ot^h^e^{r ed}^u^catⁱ^oⁿ^f^u^nd^{s h}^a^{ve al}^so^b^een^m^a^d^e^av^ai^l^a^b^l^{e t}^o^assi^st^wⁱ^t^h^h^u^rri^can^{e reco}^very^.^F^o^{r exa}^m^p^l^e,^uⁿ^u^s^ed^f^u^nd^s
^unde^r^the^Ca^m^pus^-Ba^s^e^d^Stu^d^eⁿ^t^Fina^nc^ia^{l A}ⁱ^{d pr}^og^ra^m^s^(Hⁱ^g^he^{r Educ}^a^tio^{n A}^c^{t, T}^itle^IV^{) w}^e^re^re^-^a^lloc^a^t^e^d^to
^institu^tio^{ns of}^hig^h^e^r^e^d^uc^a^tio^{n a}^f^f^e^c^t^e^d^by^the^G^u^l^f^Coa^s^{t hurric}^aⁿ^e^s^{. Fun}^d^{s re}^-a^lloc^a^t^e^d^by^{ED or o}^t^he^rw^ise^prov^ide^d
^f^o^{r e}^duc^a^tion-re^la^te^d^hur^ric^aⁿ^e^a^s^sⁱ^s^t^aⁿ^c^e^tha^t^w^e^re^{not inc}^l^ude^dⁱⁿ^s^upple^m^eⁿ^ta^{l f}^unding^bills^pa^s^s^e^{d by}^Cong^re^s^s^a^r^e
^not^dis^c^us^s^e^{d i}ⁿ^t^h^is^r^e^p^o^r^t^.

A total of $1.945 billion has been appropriated for education-related disaster assistance through ⁵⁹
ED. Of these funds, $1.6 billion was made available by P.L. 109-148. An additional $285 ⁶⁰
million for education-related hurricane relief was authorized by P.L. 109-234. Most recently,
$60 million for education-related hurricane relief was authorized by P.L. 110-28.
Overall, a total of $110.647 billion in FY2006 supplemental appropriations has been made
available to support all federal efforts, both for educational and non-educational services, to ⁶¹
provide relief in response to the 2005 Gulf Coast hurricanes. Of these funds, $29.047 billion
were made available through the FY2006 defense appropriations. The remaining $81.6 billion
were made available through P.L. 109-61 ($10.5 billion), P.L. 109-62 ($51.8 billion), and P.L.

109-234 ($19.3 billion). Thus, funding provided specifically for education represents about 1.7%

of all funding made available for hurricane relief.
As previously discussed, the majority of education-related disaster assistance was provided
through the FY2006 defense appropriations. A total of $1.6 billion was made available to meet
the educational needs of individuals and institutions affected by the Gulf Coast hurricanes, with
$1.4 billion specifically designated for K-12 education. At the K-12 level, most of the financial
assistance was provided for two specific activities:
• Immediate Aid to Restart School Operations: aid to local educational agencies
(LEAs) and private schools to restart school operations, reopen schools, and re-
enroll students ($750 million), and
• Emergency Impact Aid for Displaced Students: aid to LEAs and public and
private schools serving displaced students ($645 million).
The remaining $5 million was provided for assistance to LEAs serving homeless children and
youth that were displaced by the hurricanes.

⁵⁹^Fore^ig^{n g}^o^v^e^rnm^e^{nts ha}^v^e^a^l^{so p}^r^ov^ide^d^$3^{0 m}^{illion f}^o^r^hu^rric^aⁿ^e^re^lie^f^{to institu}^tio^{ns of}^hig^h^e^r^e^d^u^c^a^{tion (IHEs).}
^ED^w^{ill a}^lloc^a^t^e^the^s^e^f^unds^aⁿ^d^ha^s^ideⁿ^tif^ie^{d e}ⁱ^g^h^{t IH}^Es^{in L}^o^uisⁱ^aⁿ^a^a^{nd f}ⁱ^v^e^{in Mis}^sⁱ^s^sⁱ^p^p^{i t}^h^a^t^a^r^e^e^lig^ible^{to a}^p^ply
^f^o^{r the}^s^e^H^u^rric^aⁿ^e^K^a^trina^Foreⁱ^g^{n Contr}ⁱ^b^u^tio^{n A}^w^a^r^ds^{. A}^pplic^a^tions^ha^{d t}^o^be^s^ubm^itte^d^by^A^ugus^{t 1}⁵^,²⁰^06.^For
^m^o^{re in}^f^o^r^m^atioⁿ^,^{see h}^ttp^:^//www.^ed^.^g^o^v^/p^ro^gram^s/^katrin^af^c/^eligib^ility^.^h^tm^l.^In^ad^d^iti^oⁿ^,^th^eⁿ^oⁿ^-^govern^m^eⁿ^t^{al Bu}^sh^-
^Clinto^{n Ka}^triⁿ^a^Fu^nd^{(BCKF) a}^l^l^o^c^a^t^e^d^$^{30 m}^illio^{n to}³³^IH^{Es i}ⁿ^L^ouisiaⁿ^a^,^Mississip^p^{i, a}^{nd A}^l^a^b^a^m^a^.^Aⁿ^a^dditio^na^l
^$35^m^{illion w}^a^{s a}^lloc^a^t^e^d^by^the^{BCKF f}^o^{r proje}^c^t^{s f}^o^c^u^se^{d o}ⁿ^he^a^lth,^ho^using^,^e^d^uc^a^tion^,^c^o^m^m^unity^{, a}^nd
^inf^r^a^s^tr^uc^tur^e^ne^e^d^sⁱⁿ^the^s^e^s^t^a^t^e^s^{. For}^m^o^r^e^inf^o^r^m^a^{tion, s}^e^e^htt^p^:^//w^w^w^.bus^hc^lint^onk^a^t^rⁱ^na^f^und^.or^g^/
^inde^x^.^p^hp?^s^r^c⁼ⁿ^e^w^s^&^s^ubm^e^nu=Me^dia^&^pr^id=³^1&^c^a^t^e^g^or^y⁼^P^r^e^s^s^%^20R^e^l^e^a^s^e^s^&^P^H^P^S^E^SSI^D⁼⁷⁰⁷^e^3c^46b^8e^f⁰²⁶⁸⁶^d8
^a^f⁴¹⁸²⁴^9dc⁶⁵^c^.
⁶⁰^For^m^o^r^e^inf^o^r^m^a^{tion a}^b^o^u^t^P.L^.¹⁰⁹^-²^34,^s^e^e^C^R^S^R^e^por^t^R^L³³²^98,^FY2⁰⁰⁶^Su^pple^m^eⁿ^t^a^{l A}^ppr^op^rⁱ^atio^ns^:^I^r^a^q
^and^Othe^{r I}ⁿ^te^rnat^io^nal^Ac^tiv^itie^{s; Add}^itio^na^{l Hurric}^a^ne^Katri^na^R^e^lie^f^{, by}^P^a^ul^{M. Irw}^{in e}^t^a^l^.
⁶¹^T^h^e^tota^{l inc}^l^ude^s^f^und^ing^pr^ov^id^e^d^thr^oug^h^P.L^.¹^09-¹⁴^{8 a}ⁿ^d^P^.^L^.¹⁰^9-²³⁴^.^I^t^doe^sⁿ^o^t,^h^o^w^e^ve^r^,ⁱⁿ^c^l^ude^the
^FY²⁰^{07 s}^u^p^p^le^m^e^nta^l^a^ppr^opr^ia^ti^ons^pr^ov^ide^d^thr^oug^h^P^.^L^.¹^10-²⁸^a^t^this^tⁱ^m^e^{. For}^m^o^r^e^inf^o^r^m^a^{tion a}^b^o^u^t^ov^e^r^a^ll
^f^unding^f^o^r^h^u^r^rⁱ^c^aⁿ^e^r^e^lie^f^,^s^e^e^C^R^S^R^e^por^t^R^S²²²³⁹^,^Em^e^r^ge^nc^y^Sup^ple^m^eⁿ^t^a^{l A}^ppr^o^p^rⁱ^a^tio^ns^for^H^u^r^rⁱ^c^ane
^Katrin^{a Re}^lie^f^,^by^K^e^{ith Be}^a^.

An additional $285 million was provided through P.L. 109-234 for hurricane education recovery.
Similar to the FY2006 defense appropriations, the majority of these funds were also made
available for K-12 education. More specifically, an additional $235 million was made available
for Emergency Impact Aid for Displaced Students authorized by the FY2006 defense
appropriations.
Table 2 details the distribution of funds as of June 30, 2006, for the Emergency Impact Aid for
Displaced Students program. A total of $461.1 million has been awarded. Payments are being
made on a quarterly basis. The total represents payments for the first three quarters only. Based
on data available from ED, Louisiana has received the largest share of the payments, followed by
Texas. Data on how much each state will receive of the remaining program funds, including the
additional $235 million provided by P.L. 109-234, are not yet available.
Table 2. Distribution of Emergency Impact Aid for Displaced Students Funds
by State
^{Cumulative Payments: Quarter 1, Quarter 2, and}^{Percent of}
^State^{Quarter 3}^Total
^{Alabama $19,1}^08,2⁵⁰^4.1%
^Alaska^$10^9,75^{0 0.0%}
^{Arizona $1,25}^6,75⁰^0.3%
^{Arkansas $7,99}^1,00^1.7%
^{California $2,34}^3,75^0.5%
^Colorad^{o $2,26}^9,75⁰
^{Connecticut $25}^1,50^0.1%
^{Delaware $12}^1,50^0.0%
^{District of Columbia}^$20^5,50⁰^0.0%
^{Florida $14,8}^36,0⁰⁰^3.2%
^{Georgia $28,8}^81,2⁵⁰^6.3%
^Idaho^$7,12^{5 0.0%}
^Illinois^$2,30^9,25^{0 0.5%}
^{Indiana $1,28}^1,50⁰^0.3%
^Iowa^$69^6,75^{0 0.2%}
^Kansas^$91^0,00^{0 0.2%}
^{Kentucky $1,98}^1,50⁰^0.4%
^{Louisiana $14}^8,64^1,50^32.2%
^Maine^$10^9,50^{0 0.0%}
^{Maryland $2,30}^2,75⁰^0.5%
^Massach^{usetts $48}^9,25^0.1%
^{Michigan $2,03}^5,00^0.4%
^{Minnesota $74}^2,25⁰^0.2%
^{Mississippi $56,9}^95,5⁰⁰^12.4%

^{Cumulative Payments: Quarter 1, Quarter 2, and}^{Percent of}
^State^{Quarter 3}^Total
^Missouri^$3,13^5,25⁰^0.7%
^Montana^$60,7^{50 0.0%}
^Nebras^{ka $53}^3,00^0.1%
^Nevada^$87^4,50^{0 0.2%}
^{New Ham}^pshire^$11^1,50⁰^0.0%
^{New Jers}^ey^$80^2,75⁰^0.2%
^{New Me}^xico^$29^7,50⁰^0.1%
^{New York}^$21^5,25⁰^0.0%
^{North Carolina}^$4,49^3,75⁰^1.0%
^{North Dakota}^$19,0⁰⁰^0.0%
^Ohio^$1,56^7,50^{0 0.3%}
^{Oklahoma $2,45}^5,25⁰^0.5%
^Oregon^$21^1,75^{0 0.0%}
^{Pennsylvania $1,01}^0,25^0.2%
^{Rhode Island}^$13^5,00⁰^0.0%
^{South Carolina}^$2,19^0,50⁰^0.5%
^{South Dakota}^$10^1,75⁰^0.0%
^{Tennessee $10,0}^86,5⁰⁰^2.2%
^{Texas $13}^1,57^8,25^28.5%
^Utah^$26^6,75^{0 0.1%}
^Vermont^$32,0^{00 0.0%}
^{Virginia $3,33}^1,50⁰^0.7%
^{Washington $82}^2,00^0.2%
^{West Virginia}^$58,7⁵⁰^0.0%
^{Wisconsin $75}^9,75⁰^0.2%
^{Wyoming $40,0}⁰⁰^0.0%
^{Total $46}^1,06^7,62⁵^100.^0%
^{Total for AL, LA, MS, and TX}^$35^6,32^3,50^{0 77.3%}
^only
^Source:^{Table pr}^epared^{by CRS, Aug. 26,}²⁰^{06, based on}^{data pr}^{ovided by the Departm}^{ent of}^Edu^{cation at}
^http://hu^rricane^helpforsc^hools.go^{v/proginfo/eiap-date.pdf.}
^Note:^Detai^{ls may not add to to}^{tals due to rounding.}
Funds for the Immediate Aid to Restart School Operations program were distributed to four states
on January 5, 2006, and March 2, 2006. Table 3 provides an overview of the distribution of
funding. Almost 60% of the available funds were provided to Louisiana.

Table 3. Distribution of Immediate Aid to Restart School Operations Funds by State
^State^{Funds Received}^{Percent of Total Funds}
^{Alabama $3,75}^0,00⁰^0.5%
^{Louisiana $44}^5,60^4,43⁹^59.4%
^{Mississippi $22}^2,49^2,68¹^29.7%
^{Texas $78,1}^52,8⁸⁰^10.4%
^{Total $75}^0,00^0,00⁰^100.^0%
^Source:^{Table pr}^epared^{by CRS, Aug. 22,}²⁰^{06, based on}^{data ava}^{ilable from the Departm}^{ent of}^{Education at}
^{http://www.ed.gov/}^news/^pressr^eleases/20^06/^03/⁰³⁰²²⁰^06.html.
^Note:^Detai^{ls may not add to to}^{tals due to rounding.}
ED has allocated the full $5 million available for homeless programs. The funds were provided to
eight states in the Gulf Coast region with Texas and Louisiana receiving the largest grants;
together, these two states account for 65.0% of the funds, as shown in Table 4.
Table 4. Distribution of Assistance for Homeless Youths Funds by State
^State^{Funds Received}^{Percent of Total Funds}
^{Alabama $24}^7,06⁵^4.9%
^{Arkansas $10}^7,16⁰^2.1%
^{Florida $19}^6,43³^3.9%
^{Georgia $38}^9,08⁷^7.8%
^{Louisiana $1,56}^3,78^31.3%
^{Mississippi $68}^7,35^13.7%
^{Tennessee $12}^2,45⁴^2.4%
^{Texas $1,68}^6,65⁷^33.7%
^{Total $5,00}^0,00⁰^100.^0%
^{Total for AL, LA, MS, and TX onl}^y^$4,18^4,86⁶^83.7%
^Source:^{Table pr}^epared^{by CRS, Aug. 22,}²⁰^{06, based on}^{data ava}^{ilable from the Departm}^{ent of}^{Education at}
^{http://www.ed.gov/}^news/^pressr^eleases/20^06/^03/⁰³⁰²²⁰^06.html.
^Note:^Detai^{ls may not add to to}^{tals due to rounding.}
The FY2006 defense appropriations made available $200 million to support education-related
disaster relief for higher education. Of these funds, $95 million was made available to the
Mississippi Institutes of Higher Learning, $95 million was made available to the Louisiana Board
of Regents, and $10 million was made available to assist institutions of higher education that
enrolled students displaced as a result of Hurricane Katrina or Hurricane Rita. The distribution of
the $10 million by state is detailed in Table 5.

Table 5. Distribution of Funds to Assist Institutions of Higher Education Enrolling
Displaced Students by State
^State^{Funds Received}^{Percent of Total Funds}
^{Alabama $35}^7,13¹^3.6%
^{Arizona $45,8}⁵⁶^0.4%
^{Arkansas $36,3}⁶²^0.4%
^{California $22}^4,48⁶^2.2%
^Colorad^{o $51,9}⁴⁷^0.5%
^{District of Columbia}^$10^3,89²^1.0%
^{Florida $34,2}⁸⁵^0.3%
^{Georgia $29}^3,86⁹^2.9%
^{Illinois $23}^9,86³^2.4%
^{Iowa $15,5}⁸⁴^0.2%
^{Kentucky $18,1}⁸¹^0.2%
^{Louisiana $5,74}^8,15⁹^57.5%
^{Maryland $12}^0,77⁵^1.2%
^Massach^{usetts $80,5}¹⁶^0.8%
^{Michigan $41,5}⁵⁷^0.4%
^{Minnesota $40,2}⁵⁸^0.4%
^{Mississippi $32}^7,26²^3.3%
^{Missouri $10}^6,49⁰^1.1%
^{New Jers}^ey^$24,6⁷⁴^0.2%
^{New York}^$10^1,29⁵^1.0%
^{Ohio $49,3}⁴⁹^0.5%
^{Tennessee $94,8}⁰²^0.9%
^{Texas $1,75}^0,30⁷^17.5%
^{Utah $40,2}⁵⁸^0.4%
^{Virginia $55,8}⁴²^0.6%
^{Total $10,0}^00,0⁰⁰^100.^0%
^{Total for AL, LA, MS, and TX onl}^y^$8,18^2,85⁹^81.8%
^Source:^{Table pr}^epared^{by CRS, Aug. 22,}²⁰^{06, based on}^{data pr}^{ovided by the Departm}^{ent of}^Edu^{cation at}
^{http://www.ed.gov/}^{policy/highere}^d/guid/^{sp-allocation.pdf.}
^Note:^Detai^{ls may not add to to}^{tals due to rounding.}
P.L. 109-234 also provided hurricane education recovery assistance for higher education. The act
provided an additional $50 million under the Fund for Improvement in Postsecondary Education
(FIPSE, HEA Title VII) to assist institutions of higher education adversely affected by the Gulf
Coast hurricanes. Institutions of higher education interested in receiving these funds must submit

an application to ED by September 19, 2006.⁶² Funds will be awarded by formula taking into
consideration factors such as the number of Pell Grant recipients enrolled at the institution, ⁶³
revenue lost as a direct result of the hurricanes, and recovery expenses.
Table 6 summarizes the state allocations made for education-related hurricane relief. Of the
$1.885 billion provided for education-related hurricane relief in P.L. 109-149 and P.L. 109-234,
about $1.416 billion (75.1%) has been distributed to states to date. The majority of the funds
distributed have been for K-12 education (85.9%). In addition, over $1.3 billion (92.5%) of all
funds distributed have been provided to Alabama, Louisiana, Mississippi, and Texas. Of these
states, Louisiana has received nearly half of all the funds distributed to states (49.2%). Based on
current funding patterns, these four states seem likely to receive the majority of the remaining aid
made available by P.L. 109-149 and P.L. 109-234 that has not yet been distributed.
Table 6. Education-Related Hurricane Funding: State Allocation Summary
^Higher
^K-12^Educ^ation^Total
^State^Funding^Funding^Funding
^{Alabama $23,1}^05,3¹⁵^$35^7,13¹^$23,4^62,4⁴⁶
^{Louisiana $59}^5,80^9,72⁶^$10^0,74^8,15⁹^$69^6,55^7,88⁵
^{Mississippi $28}^0,17^5,53⁸^$95,3^27,2⁶²^$37^5,50^2,80⁰
^{Texas $21}^1,41^7,78⁷^$1,75^0,30⁷^$21^3,16^8,09⁴
^{Other stat}^es^$10^5,55^9,25⁹^$1,81^7,14¹^$10^7,37^6,40⁰
^{Total $1,21}^6,06^7,62⁵^$20^0,00^0,00⁰^$1,41^6,06^7,62⁵
^{Total for AL, LA, MS, and TX onl}^y^$1,11^0,50^8,36⁶^$19^8,18^2,85⁹^$1,30^8,69^1,22⁵
^Source:^{Table pr}^epared^{by CRS, A}^{ug. 22,}²⁰^{05, based on}^{data ava}^{ilable from the Departm}^{ent of}^Education.
^Note:^Detai^{ls may not add to to}^{tals due to rounding. “Othe}^{r stat}^{es” refers}^{to all other states ex}^ce^{pt for Hawaii,}
^{which rec}^{eived none of t}^{hese allocations. “Other states”}^{does include the District of Columbia.}

⁶²^D^e^pa^rtm^e^{nt of}^D^e^fe^ns^e^,^“^N^otic^e^A^nnouncⁱⁿ^g^A^v^a^ila^bility^of^Fund^s^a^{nd A}^pplic^a^tio^{n D}^e^a^d^li^ne^f^o^{r H}^u^rric^aⁿ^e
^Educ^a^tio^{n Re}^c^o^v^e^ry^Awa^{rds Und}^e^{r T}^itle^{II of}^the^Em^e^r^g^e^nc^y^Supp^le^m^e^nta^l^A^ppropria^ti^{ons A}^c^{t f}^o^{r De}^fe^nse^,^the
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^A^u^g^u^s^t^18,²⁰^06.
⁶³^D^e^pa^r^t^m^e^{nt of}^Educ^a^tion,^H^u^r^rⁱ^c^ane^E^duc^at^io^{n Re}^c^o^v^e^r^y^Aw^ar^ds^:^Aw^ar^ds^,^avai^l^a^b^l^{e o}ⁿ^lⁱⁿ^{e at}^ht^t^p^:^/^/^www^.^e^d^.^go^v/
^pr^og^r^a^m^s^/^h^e^r^a^-^ope^/^a^w^a^r^d^s^.^htm^l^.

^R^e^{becca R}^.^Skⁱⁿⁿ^e^r ^Rⁱ^ch^{ard N.}^A^p^ling
^Sp^{ecialist i}ⁿ^Ed^u^catioⁿ^P^o^lic^y
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^C^h^ar^m^aⁱⁿ^{e Mercer} ^Je^f^f^r^e^y^J.^K^u^eⁿ^zⁱ
^Sp^{ecialist i}ⁿ^Ed^u^catioⁿ^P^o^lic^y
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^D^a^vⁱ^{d P.}^Sm^ol^e
^Sp^{ecialist i}ⁿ^Ed^u^catioⁿ^P^o^lic^y
^dsm^o^l^e^@^c^r^s^.l^oc.g^ov^{, 7-}⁰⁶²⁴