Academic Emergency Act

(Sec. 3) Authorizes State Governors to designate as academic emergency schools one or more public elementary schools in their States: (1) with a consistent record of poor performance by failing to meet minimum academic standards as determined by the State; and (2) in which more than 50 percent of the children attending are eligible for free or reduced price lunches under the National School Lunch Act.

Sets forth requirements for: (1) lists of such schools; (2) State applications, including certain assurances and information; (3) selection, priorities, and criteria for grant awards to States; and (4) State plans.

(Sec. 5) Requires recipient States to use such grants to make subgrants to academic emergency schools, based on: (1) the number of eligible students (in grades K through four) attending; (2) the availability of qualified schools near such schools; and (3) the academic performance of students in such schools. Requires the State, if its grant amount is insufficient to provide every eligible student in a selected academic emergency school with academic emergency relief funds, to devise a random selection process to provide eligible students whose family income does not exceed 185 percent of the poverty line the opportunity to participate in education alternatives established pursuant to this Act.

Requires States to pay from grant funds: (1) up to $3,500 in academic emergency relief to the parents of each participating eligible student in grades K through four; and (2) $3,500 (for class size reduction only) to an academic emergency school selected for program participation, for each participating eligible student who chooses to attend a qualified school.

(Sec. 6) Allows a qualified school to be any public, private, or independent elementary school that meets certain minimum requirements and any other qualifications established by the State to accept academic emergency relief funds from the parents of participating eligible students.

Requires applicant States to publish their criteria for a qualified school under this Act. Requires, at a minimum, each such school to provide to the State: (1) assurances of compliance with specified civil rights requirements; (2) certification that the tuition and fees charged to a parent using academic relief funds does not exceed the amount charged to a parent not using such relief funds whose child attends the qualified school (excluding scholarship students); and (3) an annual report on student performance.

(Sec. 7) Allows parents to use academic emergency relief funds to pay tuition and mandatory fees for an instruction program at a qualified school. Treats academic emergency relief funds as assistance to the student, not to the qualified school.

(Sec. 8) Directs the Comptroller General to arrange for annual evaluations of the education alternative program.

(Sec. 10) Prohibits qualified schools from discriminating on the basis of race, color, national origin, or sex in carrying out the provisions of this Act. Makes such sex discrimination prohibition inapplicable if: (1) it is inconsistent with the religious tenets of a qualified school controlled by a religious organization; or (2) it would be construed as preventing a parent from choosing, or a qualified school from offering, a single-sex school, class, or activity.

(Sec. 11) Declares that nothing in this Act shall be construed to: (1) prevent a qualified school that is operated by, supervised by, controlled by, or connected to a religious organization from employing, admitting, or giving preference to persons of the same religion to the extent determined by such school to promote the religious purpose for which the qualified school is established or maintained; (2) prohibit the use of funds made available under this Act for sectarian educational purposes; or (3) require a qualified school to remove religious art, icons, scripture, or other symbols.

(Sec. 12) Provides that nothing in this Act shall affect the rights of students, or the obligations of public schools of a State, under the Individuals with Disabilities Education Act.

(Sec. 15) Authorizes appropriations.