Office of Elementary and Secondary Education (OES): Impact Aid Discretionary Construction Grant Program CFDA Number 84.041C

1. Eligible Applicants: An LEA may qualify for an emergency grant under Priority 1 or Priority 2. (a) Consistent with the requirements of section 8007(b)(3)(A) of the Act, an LEA is eligible to receive an emergency grant under Priority 1 if it-- (1) Is eligible to receive formula construction funds for the fiscal year under section 8007(a) of the Act (20 U.S.C. 7707(a)) because it enrolls a high percentage (at least 50 percent) of federally connected children in average daily attendance (ADA) who either reside on Indian lands or who have a parent on active duty in the U.S. uniformed services. (2)(i) Has no practical capacity to issue bonds (as defined in 34 CFR 222.176); (ii) Has minimal capacity to issue bonds (as defined in 34 CFR 222.176) and has used at least 75 percent of its bond limit; or (iii) Is eligible to receive funds for the fiscal year for heavily impacted districts under section 8003(b)(2) of the Act (20 U.S.C. 7703(b)(2)); and (3) Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel. (b)(1) Consistent with the requirements of section 8007(b)(3)(C) or (D) of the Act, an LEA is eligible to receive an emergency grant under Priority 2 if it-- (i) Is eligible to receive funds for the fiscal year under section 8003(b) of the Act (20 U.S.C. 7703(b)); (ii)(A) Enrolls federally connected children living on Indian lands equal to at least 40 percent of the total number of children in ADA in its schools; or (B) Enrolls federally connected children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA in its schools; (iii) Has used at least 75 percent of its bond limit; (iv) Has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average; and (v) Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel. (2) Additionally, an LEA that is eligible to receive section 8003(b) assistance for the fiscal year but that does not meet the criteria above may apply under Priority 2 on behalf of a school located within its geographic boundaries if-- (i) The school-- (A) Enrolls children living on Indian lands equal to at least 40 percent of the total number of children in ADA; or (B) Enrolls children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA; (ii) The school has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel; (iii) The LEA has used at least 75 percent of its bond limit; and (iv) The LEA has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average.