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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
6/4/2008--Passed House amended. 21st Century Green High-Performing Public School Facilities Act - Title I: Grants for Modernization, Renovation, or Repair of School Facilities - (Sec. 102) Requires the Secretary of Education to make grants to states for the modernization, renovation, or repair of public schools, including public charter schools, to make them safe, healthy, high-performing, and technologically up-to-date.
Allocates grant funds among states on the basis of the relative portion of school improvement funds provided to local educational agencies (LEAs) in each state under part A of title I of the Elementary and Secondary Education Act of 1965. Reserves 1% of the grant funds for assistance to outlying areas and Indian schools.
Requires states to reallocate such grant funds to LEAs on the basis of each LEA's share of school improvement funds received by LEAs in the state for the previous fiscal year.
Allows LEA grantees to give priority to projects in public secondary schools recognized as Science and Technology High Schools or as schools having science and technology programs.
Title II: Supplemental Grants for Louisiana, Mississippi, and Alabama - (Sec. 202) Requires the Secretary to make grants to Louisiana, Mississippi, and Alabama for the construction, modernization, renovation, or repair of public schools, including public charter schools, to make them safe, healthy, high-performing, and technologically up-to-date.
Allocates grant funds among such states on the basis of each state's share of schools closed for at least 60 days during the period between August 29 and December 31, 2005, due to Hurricane Katrina or Rita.
Requires such states to reallocate such grant funds to LEAs on the basis of each LEA's share of such schools in the state.
Title III: General Provisions - (Sec. 301) Prohibits LEAs from using this Act's grants: (1) for maintenance costs, stadiums, or facilities used primarily for events for which the public is charged admission; (2) to supplant funds otherwise available for school modernization, renovation, repair, and construction efforts; or (3) to purchase carbon offsets.
Prohibits states from considering LEAs' receipt of this Act's grants in determining their eligibility for state aid or the amount of state aid they receive.
(Sec. 303) Conditions LEA grant eligibility on LEA and state spending for free public education remaining above specified levels. Requires states to reduce the amount of grant funds available to LEAs by the proportion by which LEAs' spending falls below such levels. Directs the Secretary to waive such maintenance of effort requirements if such waiver is justified by exceptional or uncontrollable circumstances, or the precipitous decline in an LEA's financial resources.
(Sec. 304) Requires grantees' contracting procedures for school modernization, renovation, repair, and construction to ensure the maximum number of qualified bidders through full and open competition.
(Sec. 305) Requires the iron and steel used in projects funded under this Act to have been produced in this country, subject to specified exceptions.
(Sec. 306) Requires all laborers and mechanics employed by contractors or subcontractors in the performance of work assisted under this Act to be paid wages at rates not less than those prevailing on similar work in the locality.
(Sec. 307) Directs LEA grantees to use a percentage of their grant, rising in 10% increments from 50% in FY2009 to 90% in FY2013, for public school modernization, renovation, repairs, or construction that meet Leadership in Energy and Environmental Design (LEED) green building rating standards, Energy Star standards, Collaborative for High Performance Schools (CHPS) criteria, Green Building Initiative environmental design and rating standards (Green Globes), or equivalent standards adopted by the entities that have jurisdiction over such LEAs.
Requires the Secretary to provide outreach and technical assistance to states and LEAs concerning the best practices in school modernization, renovation, repair, and construction.
(Sec. 308) Directs: (1) LEAs to submit to their states, and make publicly available, annual reports describing their use of such grant funds; (2) states to submit annually to the Secretary a compilation of the information received from their LEAs; and (3) the Secretary to report to Congress annually on grants made under this Act.
(Sec. 309) Authorizes appropriations for this Act's grant programs for FY2009-FY2013.
(Sec. 310) Prohibits this Act's grants from being used: (1) to employ workers who are illegal aliens or whose status has not been ascertained using the employment verification system; or (2) by LEAs that do not require a criminal background check on all their employees.