§ 4013. State records and priority lists

Footnotes

1. 1 So in original. Probably should end with a period instead of “; and”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Asbestos School Hazard Abatement Act of 1984

   Pub. L. 98–377 title V § 504 · 98 Stat. 1267

   Enacted · 20 U.S.C. § 4013

   Pub. L. 98–377, title V, § 504, Aug. 11, 1984, 98 Stat. 1289

   Source evidence

   Code source credit
   Pub. L. 98–377, title V, § 504, Aug. 11, 1984, 98 Stat. 1289

   Enacted provision · exact public law section
   Sec. 504. state plans (a) Not later than three months after the date of 20 USC 4013. enactment of this title, the Governor of each State shall submit to the Administrator a plan which describes the procedures to be used by the State for maintaining records on— (5) the presence of asbestos materials in school buildings of local educational agencies; (2) the asbestos detection and abatement activities conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); (3) repairs made to restore school buildings to conditions comparable to those which existed before the abatement activities referred to in subparagraph (B) were undertaken. (b) (1) Not later than six months after the date of enactment of this title, and annually thereafter, the Governor of each State shall: (A) submit to the Administrator and the Secretary of the Department of Education a priority list of all schools under the authority of a local educational agency within the State, without regard to the public or private nature of the school involved, that are candidates for abatement; (B) forward to the Administrator and the Secretary of the Department of Education for each candidate for abatement all applications for financial assistance prepared by the local educational agencies in accordance with the provisions of section 503(b)(3) and section 505; and (C) forward to the Secretary of the Department of Education a copy of all information submitted to the Administrator in accordance with subsection (b)(3). (2) The priority list shall rank the potential candidates for abatement action based on the nature and magnitude of the existing and potential exposure presented by the asbestos materials. (3) For each school listed, the Governor shall certify that the statement of need contained in the application for assistance accurately reflects the financial resources available to the local educational agency for the asbestos abatement program. (4) For the purpose of determining the adequacy of the financial resources available to a local educational agency for the abatement of asbestos threats the Governor shall, to the extent practicable, consider the following: (A) A measure of financial need used by the State in which the local educational agency is located. (B) The estimated per capita income of the locality of such agency or of those directly or indirectly providing financial support for such agency. (C) The extent to which the local school millage rate falls above or below (i) the millage rate average of the State and (ii) the millage rate of other local educational agencies with comparable enrollment, per capita income and resource base. (D) The ratio, expressed as a percentage, of the estimated cost of the project to the total budget of the local educational agency. (E) The borrowing capacity of the local educational agency. (F) Any other factor that demonstrates that the local educational agency has limited financial resources. (c) Not later than nine months after the submission of the plan described in subsection (a), and each twelve months thereafter, the Governor shall submit to the Administrator a report which describes the actions taken by the State in accordance with its plan under such subsection.

2. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 § 14(a)(4) · 104 Stat. 4589

   Substituted · 20 U.S.C. § 4013

   Pub. L. 101–637, § 14(a)(4), substituted “State records and priority lists” for “State plans” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 101–637, § 14(a)(4), substituted “State records and priority lists” for “State plans” in section catchline.

   Enacted provision · exact public law section
   (4) Section 504 is amended by striking out the section heading and “Sec. 504.” and inserting in lieu of the section heading the following: “SEC. 504. STATE RECORDS AND PRIORITY LISTS.”.

3. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 · 104 Stat. 4589

   1. Inserted · 20 U.S.C. § 4013(a)

      Pub. L. 101–637, §§ 5(a)(1), 14(b)(5), inserted heading

   2. Substituted · 20 U.S.C. § 4013(a)

      Pub. L. 101–637, §§ 5(a)(1), 14(b)(5), substituted “The Governor of each State shall maintain records on” for “Not later than three months after August 11, 1984, the Governor of each State shall submit to the Administrator a plan which describes the procedures to be used by the State for maintaining records on” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–637, §§ 5(a)(1), 14(b)(5), inserted heading and substituted “The Governor of each State shall maintain records on” for “Not later than three months after August 11, 1984, the Governor of each State shall submit to the Administrator a plan which describes the procedures to be used by the State for maintaining records on” in introductory provisions.

4. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 § 5(a)(2) · 104 Stat. 4589

   1. Inserted · 20 U.S.C. § 4013(a)(2)

      Pub. L. 101–637, § 5(a)(2), (3), inserted “and other response actions” after “abatement activities”

   2. Inserted · 20 U.S.C. § 4013(a)(2)

      Pub. L. 101–637, § 5(a)(2), (3), inserted “and” after semicolon at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 101–637, § 5(a)(2), (3), inserted “and other response actions” after “abatement activities” and inserted “and” after semicolon at end.

   Enacted provision · exact public law section
   (2) in paragraph (2), by inserting “and other response actions” after “abatement activities”;

5. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 § 5(a)(4) · 104 Stat. 4589

   Substituted · 20 U.S.C. § 4013(a)(3)

   Pub. L. 101–637, § 5(a)(4), substituted “paragraph (2)” for “subparagraph (B)”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 101–637, § 5(a)(4), substituted “paragraph (2)” for “subparagraph (B)”.

   Enacted provision · exact public law section
   (4) in paragraph (3), by striking out “subparagraph (B)” and inserting in lieu thereof “paragraph (2)”.

6. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 § 14(b)(6)(A) · 104 Stat. 4589

   Inserted · 20 U.S.C. § 4013(b)

   Pub. L. 101–637, § 14(b)(6)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–637, § 14(b)(6)(A), inserted heading.

   Enacted provision · exact public law section
   (A) by inserting “Priority List.—” after “(b)”;

7. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 § 5(b)(1) · 104 Stat. 4589

   Substituted · 20 U.S.C. § 4013(b)(1)

   Pub. L. 101–637, § 5(b)(1), substituted “Each year, in accordance with procedures established by the Administrator,” for “Not later than six months after August 11, 1984, and annually thereafter,” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 101–637, § 5(b)(1), substituted “Each year, in accordance with procedures established by the Administrator,” for “Not later than six months after August 11, 1984, and annually thereafter,” in introductory provisions.

   Enacted provision · exact public law section
   (1) by striking out “Not later than six months after the date of the enactment of this title and annually thereafter,” and inserting in lieu thereof “Each year, in accordance with procedures established by the Administrator,”;

8. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 · 104 Stat. 4589

   1. Substituted · 20 U.S.C. § 4013(b)(1)(A)

      Pub. L. 101–637, §§ 5(b)(2), (3), 14(b)(6)(B), substituted “abatement activities and other response actions” for “abatement”

   2. Struck · 20 U.S.C. § 4013(b)(1)(A)

      Pub. L. 101–637, §§ 5(b)(2), (3), 14(b)(6)(B), struck out “and the Secretary of the Department of Education” after “submit to the Administrator”

   3. Inserted · 20 U.S.C. § 4013(b)(1)(A)

      Pub. L. 101–637, §§ 5(b)(2), (3), 14(b)(6)(B), inserted “and” after semicolon at end

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 101–637, §§ 5(b)(2), (3), 14(b)(6)(B), substituted “abatement activities and other response actions” for “abatement”, struck out “and the Secretary of the Department of Education” after “submit to the Administrator”, and inserted “and” after semicolon at end.

9. 1990

   Asbestos School Hazard Abatement Reauthorization Act of 1990

   Pub. L. 101–637 · 104 Stat. 4589

   1. Substituted · 20 U.S.C. § 4013(b)(1)(B)

      Pub. L. 101–637, §§ 5(b)(2), 14(b)(6)(B), (C), substituted “abatement activities and other response actions” for “abatement”

   2. Struck · 20 U.S.C. § 4013(b)(1)(B)

      Pub. L. 101–637, §§ 5(b)(2), 14(b)(6)(B), (C), struck out “section 4012(b)(3) of this title and” before “section 4014”

   3. Struck · 20 U.S.C. § 4013(b)(1)(B)

      Pub. L. 101–637, §§ 5(b)(2), 14(b)(6)(B), (C), struck out “and the Secretary of the Department of Education” after “forward to the Administrator”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 101–637, §§ 5(b)(2), 14(b)(6)(B), (C), substituted “abatement activities and other response actions” for “abatement”, struck out “section 4012(b)(3) of this title and” before “section 4014”, and struck out “and the Secretary of the Department of Education” after “forward to the Administrator”.

10. 1990

    Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 5(b)(4) · 104 Stat. 4589

    Struck · 20 U.S.C. § 4013(b)(1)(C)

    Pub. L. 101–637, § 5(b)(4), struck out subpar. (C) which read as follows: “forward to the Secretary of the Department of Education a copy of all information submitted to the Administrator in accordance with subsection (b)(3) of this section.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 101–637, § 5(b)(4), struck out subpar. (C) which read as follows: “forward to the Secretary of the Department of Education a copy of all information submitted to the Administrator in accordance with subsection (b)(3) of this section.”

    Enacted provision · exact public law section
    (4) by striking out subparagraph (C).

11. 1990

    Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(b)(6)(D) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4013(b)(4)(C)

    Pub. L. 101–637, § 14(b)(6)(D), inserted a comma after “per capita income”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(C). Pub. L. 101–637, § 14(b)(6)(D), inserted a comma after “per capita income”.

    Enacted provision · exact public law section
    (D) in paragraph (4)(C), by inserting a comma after “per capita income”.

12. 1990

    Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 5(c) · 104 Stat. 4589

    1. Added · 20 U.S.C. § 4013(b)(4)(F); 20 U.S.C. § 4013(b)(4)(G)

       Pub. L. 101–637, § 5(c), added subpar. (F)

    2. Redesignated · 20 U.S.C. § 4013(b)(4)(F); 20 U.S.C. § 4013(b)(4)(G)

       Pub. L. 101–637, § 5(c), redesignated former subpar. (F) as (G)

    Source evidence

    Code amendment note
    Subsec. (b)(4)(F), (G). Pub. L. 101–637, § 5(c), added subpar. (F) and redesignated former subpar. (F) as (G).

    Enacted provision · exact public law section
    (c) Determination of Adequacy of Resources.— Subsection (b)(4) of section 504 is amended— (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following new subparagraph: “(F) Any additional costs to the local educational agency of meeting the special needs of disadvantaged students.”.

13. 1990

    Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 5(d) · 104 Stat. 4589

    Struck · 20 U.S.C. § 4013(c)

    Pub. L. 101–637, § 5(d), struck out subsec. (c) which read as follows: “Not later than nine months after the submission of the plan described in subsection (a) of this section, and each twelve months thereafter, the Governor shall submit to the Administrator a report which describes the actions taken by the State in accordance with its plan under such subsection.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–637, § 5(d), struck out subsec. (c) which read as follows: “Not later than nine months after the submission of the plan described in subsection (a) of this section, and each twelve months thereafter, the Governor shall submit to the Administrator a report which describes the actions taken by the State in accordance with its plan under such subsection.”

    Enacted provision · exact public law section
    (d) Conforming Amendment.— Section 504 is further amended by striking out subsection (c).

12 of 20 references resolved to an enrolled provision · 8 partial