On December 22, Congress enacted the Hurricane Education Recovery Act. The law creates a one-time only emergency grant to states for the 2005-06 school year tailored to the needs and particular circumstances of students displaced by Hurricanes Katrina and Rita. The program established by the law provides assistance for displaced students attending both public and non-public schools.

The term "displaced student" means a student who enrolled in an elementary or secondary school (other than the school that the student was enrolled, or was eligible to be enrolled in, on August 22, 2005) because the student resided in an area for which a major disaster has been declared related to Hurricane Katrina or Hurricane Rita.

Relief funds will flow from Washington to Sacramento to local school districts. School districts will then make payments to accounts established on behalf of displaced students who are attending eligible non-public schools.

To be considered an eligible non-public school, the school must operate in accordance with California state law (which means that an affidavit must have been filed for the current school year); must have been in existence on August 22, 2005; and must serve one or more displaced student(s) for whom an application for a relief account has been made. Please note that a private school accessing funds on behalf of a displaced student must waive tuition, or reimburse tuition paid, in an amount equal to the amount accessed.

Non-public schools that receive funds under this program may use them for the following authorized uses:

• Paying the compensation of personnel, including teacher aides, in schools enrolling displaced students;

• Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces;

• Basic instructional services for such students, including tutoring, mentoring, or academic counseling;

• Reasonable transportation costs;

• Health and counseling services; and

• Education and support services.