	Introduction

Since 2001, hundreds of thousands of elementary, secondary, and postsecondary education students have been adversely affected by natural disasters, such as hurricanes and floods, and by national emergencies, such as the September 11, 2001, terrorist attacks. The majority of federal assistance for disaster management is made available from the Federal Emergency Management Agency (FEMA), as authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act: P.L. 93-288 ). The public assistance available under the Stafford Act largely provides funds for disaster relief activities such as debris removal, emergency protective measures, and the repair, replacement, or restoration of public facilities damaged during the disaster. On several occasions, Congress has also enacted legislation to create temporary targeted assistance programs to support Department of Education (ED) administered programs at the elementary, secondary, and postsecondary education levels. As of the date of this report, legislation has been enacted in response to the 2017 hurricanes to provide the Secretary of Education (the Secretary) with waiver authority for certain statutory provisions not otherwise authorized, which relates to the Higher Education Act of 1965 (HEA; P.L. 89-329) Title IV campus-based student aid programs, and to permanently make private schools eligible for funding under the Project School Emergency Response to Violence Program (Project SERV), as authorized under the ESEA. 115-123 ) was enacted. This report reflects the most recently available information on laws and guidance related to education-related disaster response and flexibilities. It will be updated should new or additional statutes be enacted or guidance be issued. The majority of these funds are provided under the Elementary and Secondary Education Act, the Individuals with Disabilities Education Act (IDEA), and the Carl D. Perkins Career and Technical Education Improvement Act (Perkins). This section of the report provides an overview of existing general statutory and regulatory authorities for elementary and secondary education that enable the Secretary of Education (the Secretary) to waive or modify various education requirements. Under Section 8401, the Secretary has broad authority to issue waivers of a number of statutory or regulatory requirements of the ESEA for a state education agency (SEA); local education agency, through an SEA; an Indian tribe; or a school, through an LEA that receives funds under an ESEA program and requests a waiver. The Secretary is prohibited from waiving any statutory or regulatory requirement related to the following requirements:
allocation or distribution of funds to states or LEAs (or other grant recipients); maintenance of effort (MOE) requirements for LEAs or SEAs to maintain their level of spending for specified educational services; comparability of services; the use of federal aid only to supplement, and not supplant, state and local funds for specified purposes; equitable participation of private school students and teachers; parental participation and involvement; applicable civil rights requirements; the requirement for a charter school under the Public Charter Schools program (Title IV-C); prohibitions against consideration of ESEA funds in state aid to LEAs; prohibitions against use of funds for religious worship or instruction; certain prohibitions against use of funds for sex education; and certain ESEA Title I-A school selection requirements. 111-5 ), waivers have also been granted in response to natural disasters. Other ESEA Flexibilities

There are several additional provisions included in the ESEA that may be helpful in providing assistance in response to a disaster, including flexibility related to MOE requirements, charter schools, and funding flexibility. The Secretary may waive these sanctions due to "exceptional or uncontrollable circumstances, such as a natural disaster." In addition, the Secretary has some flexibility with respect to the MOE provision in Perkins. The Secretary may waive up to 5% of the MOE requirement for states for one year due to exceptional or uncontrollable circumstances. As it relates to elementary and secondary education, the act includes FY2018 supplemental appropriations for disaster relief for "covered disasters or emergencies" (i.e., Hurricanes Harvey, Irma, Maria, or California wildfires in 2017 for which a major disaster or emergency has been declared under Sections 401 or 501 of the Robert T. Stafford Disasters Relief and Emergency Assistance Act). The Department of Veterans Affairs (VA) administers entitlement programs providing vocational and educational assistance. For example, additional funds were appropriated to IHEs to support recovery efforts and to provide grants to students. As it relates to postsecondary education, the act makes several modifications to the Federal Work Study (FWS) and Federal Supplemental Educational and Opportunity Grant (FSEOG) programs:
With respect to funds made available for award years 2016-2017 and 2017-2018, the act requires the Secretary to waive nonfederal share requirements of FWS and FSEOG programs for IHEs located in affected areas and authorizes the Secretary to waive such requirements for IHEs not located in an affected area that have enrolled or accepted for enrollment any affected students, after considering such IHE's student population and existing resources. The Further Additional Supplemental Appropriations for Disaster Relief Act, 2018

Also in the 115 th Congress, in response to Hurricanes Harvey, Irma, and Maria and wildfire incidents in California in 2017, the Further Additional Supplemental Appropriations for Disaster Relief Act, 2018 (Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. Two such programs are state grants authorized under the Adult Education and Family Literacy Act (AEFLA), which support education for adults at the secondary level and below, as well as English language training; and Vocational Rehabilitation State Grants authorized under the Rehabilitation Act of 1973, which support the provision of vocational rehabilitation (VR) services to individuals with disabilities. AEFLA does not grant ED the authority to waive states' nonfederal match.
The 21st century has seen the operation of elementary, secondary, and postsecondary educational institutions and the education of the students they enroll disrupted by natural disasters, such as hurricanes and floods, and by national emergencies, such as the terrorist attacks of September 11, 2001. This report is intended to inform Congress of existing statutory and regulatory provisions that may aid in responding to future disasters and national emergencies that may affect the provision of or access to education and highlight the actions of previous Congresses to provide additional recovery assistance. This report reflects the most recently available guidance, as of the date of publication, related to education-related disaster response and flexibilities. It will be updated should new or additional statutes be enacted or guidance be issued.
The majority of federal aid for disaster management is made available from the Federal Emergency Management Agency (FEMA) under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288). Under the Stafford Act, public school districts, charter schools, private nonprofit educational institutions, public institutions of higher education (IHEs), and federally recognized Indian tribal governments are eligible to receive assistance for activities such as debris removal, infrastructure and equipment repair and replacement, hazard mitigation, and temporary facilities.
In addition to the assistance available through the Stafford Act, assistance is available through numerous provisions in education laws. At the elementary and secondary level, there are several existing provisions that may be helpful in providing assistance in response to a disaster. The Elementary and Secondary Education Act (ESEA) grants the Secretary of Education (the Secretary) authority to issue waivers of any statutory or regulatory requirement of the ESEA for a state educational agency (SEA), local educational agency (LEA), Indian tribe, or school that receives funds under an ESEA program and requests a waiver. In response to past disasters, waivers have been granted to address funding flexibility issues and accountability requirements. The Individuals with Disabilities Education Act (IDEA) grants the Secretary authority to waive state maintenance of effort (MOE) requirements and requirements to supplement, not supplant, federal funds under certain circumstances. The Carl D. Perkins Career and Technical Education Act grants the Secretary authority to waive certain accountability metrics and provides some flexibility with regard to MOE requirements. The Secretary is not, however, able to waive all statutory and regulatory requirements with respect to the acts. Under the ESEA, for example, the Secretary may not waive civil rights requirements or prohibitions against the use of funds for religious worship or instruction. Under IDEA, for example, the Secretary may not grant waivers from the right to a free appropriate public education.
At the postsecondary level, various provisions exist to ensure continuity of operations and continuity of federal funding following a disaster. Under the Higher Education Act (HEA), the Secretary of Education has authority to waive several of the requirements for aid recipients, IHEs, and financial institutions when a disaster has been declared. In particular, waivers have been provided from various requirements related to the disbursement, repayment, and administration of federal student aid. Under Title 38 of the U.S. Code, the Department of Veterans Affairs (VA) may extend payment of veterans educational assistance benefits to cover periods when enrollment is interrupted.
In addition, various provisions exist to provide flexibilities in other Department of Education-administered programs. The Adult Education and Family Literacy Act (AEFLA) and accompanying regulations grant the Secretary the authority to waive state MOE and reporting requirements for AEFLA state grants due to uncontrollable circumstances such as natural disasters. The Rehabilitation Act of 1973, as amended, and accompanying regulations grant the Secretary the authority to waive state MOE and reporting requirements for state vocational rehabilitation grants due to uncontrollable circumstances, such as natural disasters.
In response to the multiple hurricanes and tropical storms in 2017, Congress enacted the Hurricanes Harvey, Irma, and Maria Education Relief Act of 2017, P.L. 115-64, which amended the ESEA to make private schools eligible for funds under the Project School Emergency Response to Violence Program, which provides funds to help schools recover from violent or traumatic events in which the learning environment has been disrupted. The act also provided short-term authority for the Secretary to waive or modify statutory or regulatory requirements to ensure funds were targeted to affected populations and institutions at the elementary, secondary, and postsecondary levels. On February 9, 2018, the Further Additional Supplemental Appropriations for Disaster Relief Act, 2018 (Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-123) was enacted. It includes FY2018 supplemental appropriations for disaster relief for, among other things, education-related programs and activities for "covered disasters or emergencies," which include the aforementioned hurricanes and tropical storms and also the California wildfires of 2017.