Competitive grant awards based on facility condition

The Secretary of Education shall, based on applications submitted by local educational agencies under section 6 and eligible for payments under section 7002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) or section 7003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703), establish a facility condition priority listing for grant awards as follows: (1) Emergency grants priority one The Secretary of Education shall award grants, on a competitive basis, by first identifying those local educational agencies— (A) that have a facility— (i) as certified by a State, county, city, or Tribal official or a licensed architect or engineer, that is in violation of a Federal, State, county, city, or Tribal building code representing a health hazard to students and school personnel; (ii) that fails to meet building and classroom standards to ensure the health and safety of students and staff, as set by the Centers for Disease Control and Prevention, requiring classroom building modification or replacement to— (I) ensure quality ventilation systems; (II) ensure classroom space to reduce class sizes and ensure social distancing guidelines when required; (III) address structural deficiencies; and (IV) address other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; (iii) that is not in compliance with meeting student capacity standards as required by the State, including failure to meet accessibility standards for persons with disabilities; or (iv) that lacks adequate service capacity or infrastructure necessary to utilize technology to offer a curriculum that meets the current academic standards in the State in which the local educational agency is located; or (B) in the case of local educational agencies eligible for payments under section 7003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(C)), that have teacher housing that is in need of repair or new construction to meet the needs of school personnel residing in such housing. (2) Emergency grants priority two After identifying those local educational agencies as described in paragraph (1) for priority in grant awards, the Secretary of Education shall then award grants, on a competitive basis, by identifying those local educational agencies that— (A) have a facility that— (i) does not meet minimum structural or health and safety standards as adopted by the American Society of Civil Engineers and is considered to be in poor condition and represents a potential health or safety hazard to students and school personnel, including due to— (I) poor indoor air quality; (II) the presence of hazardous and toxic substances and chemicals; (III) the lack of safe drinking water at the tap and water used for meal preparation, including due to the level of lead and other contaminants in such water; (IV) energy and water inefficiency; (V) excessive classroom noise; (VI) structural deficiencies; or (VII) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; (ii) is not in compliance with meeting student capacity standards as required by the State, including failure to meet accessibility standards for persons with disabilities; or (iii) lacks adequate services necessary to utilize technology to offer a curriculum that meets the current academic standards in the State in which the local educational agency is located; or (B) in the case of local educational agencies eligible for payments under section 7003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(C)), have an identified need for teacher housing to ensure a safe living environment for teachers and their families or a need for repair of existing housing or new construction to meet the basic needs of school personnel residing in such housing.