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20 U.S.C. § 7703a — Impact aid for children with severe disabilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Payments** Subject to subsection (f), the Secretary of Defense shall make a payment for fiscal years after fiscal year 2001, to each local educational agency eligible to receive a payment for a child described in subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7703(a)(1) 11 See References in Text note below. of this title that serves two or more such children with severe disabilities, for costs incurred in providing a free appropriate public education to each such child.
**(b) Payment amount** The amount of the payment under subsection (a) to a local educational agency for a fiscal year for each child referred to in such subsection with a severe disability shall be—
(1) the payment made on behalf of the child with a severe disability that is in excess of the average per pupil expenditure in the State in which the local educational agency is located; less
(2) the sum of the funds received by the local educational agency—
(A) from the State in which the child resides to defray the educational and related services for such child;
(B) under the Individuals with Disabilities Education Act ([20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.) to defray the educational and related services for such child; and
(C) from any other source to defray the costs of providing educational and related services to the child which are received due to the presence of a severe disabling condition of such child.
**(c) Exclusions** No payment shall be made under subsection (a) on behalf of a child with a severe disability whose individual cost of educational and related services does not exceed—
(1) five times the national or State average per pupil expenditure (wh
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Source location: Title 20, Chapter 70, § 7703a; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) Payments** Subject to subsection (f), the Secretary of Defense shall make a payment for fiscal years after fiscal year 2001, to each local educational agency eligible to receive a payment for a child described in subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7703(a)(1) 11 See References in Text note below. of this title that serves two or more such children with severe disabilities, for costs incurred in providing a free appropriate public education to each such child.
**(b) Payment amount** The amount of the payment under subsection (a) to a local educational agency for a fiscal year for each child referred to in such subsection with a severe disability shall be—
(1) the payment made on behalf of the child with a severe disability that is in excess of the average per pupil expenditure in the State in which the local educational agency is located; less
(2) the sum of the funds received by the local educational agency—
(A) from the State in which the child resides to defray the educational and related services for such child;
(B) under the Individuals with Disabilities Education Act ([20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.) to defray the educational and related services for such child; and
(C) from any other source to defray the costs of providing educational and related services to the child which are received due to the presence of a severe disabling condition of such child.
**(c) Exclusions** No payment shall be made under subsection (a) on behalf of a child with a severe disability whose individual cost of educational and related services does not exceed—
(1) five times the national or State average per pupil expenditure (whichever is lower), for a child who is provided educational and related services under a program that is located outside the boundaries of the school district of the local educational agency that pays for the free appropriate public education of the student; or
(2) three times the State average per pupil expenditure, for a child who is provided educational and related services under a program offered by the local educational agency, or within the boundaries of the school district served by the local educational agency.
**(d) Ratable reduction** If the amount available for a fiscal year for payments under subsection (a) is insufficient to pay the full amount all local educational agencies are eligible to receive under such subsection, the Secretary of Defense shall ratably reduce the amounts of the payments made under such subsection to all local educational agencies by an equal percentage.
**(e) Report** Each local educational agency desiring a payment under subsection (a) shall report to the Secretary of Defense—
(1) the number of severely disabled children for which a payment may be made under this section; and
(2) a breakdown of the average cost, by placement (inside or outside the boundaries of the school district of the local educational agency), of providing education and related services to such children.
**(f) Payments subject to appropriation** Payments shall be made for any period in a fiscal year under this section only to the extent that funds are appropriated specifically for making such payments for that fiscal year.
**(g) Local educational agency defined** In this section, the term “local educational agency” has the meaning given that term in [section 7713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7713&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **Armed Forces** — The term “Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means—
(A) the aggregate current expenditures of all local educational agencies in the State; divided by
(B) the total number of children in average daily attendance for whom such agencies provided free public education.
(3) **Construction** — The term “construction” means—
(A) the preparation of drawings and specifications for school facilities;
(B) erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities;
(C) inspecting and supervising the construction of school facilities; and
(D) debt service for such activities.
(4) **Current expenditures** — The term “current expenditures” means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but does not include expenditures for community services, capital outlay, and debt service, or any expenditures made from funds awarded under part A of subchapter I. The determination of whether an expenditure for the replacement of equipment is considered a current expenditure or a capital outlay shall be determined in accordance with generally accepted accounting principles as determined by the State.
(5) **Federal property**
(A) *In general* — Except as provided in subparagraphs (B) through (F), the term “Federal property” means real property that is not subject to taxation by any State or any political subdivisi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is in the Office of Military Family Readiness Policy the Office of Special Needs (in this section referred to as the “Office”).
**(b) Purpose.—** The purpose of the Office is to standardize, enhance, and improve Department of Defense support around the world for military families with special needs (whether medical or educational needs) through the development of appropriate policies, enhancement and dissemination of appropriate information throughout the Department of Defense, support for such families in obtaining referrals for services and in obtaining service, and oversight of the activities of the military departments in support of such families.
**(c) Responsibilities.—** The Office shall have the responsibilities as follows:
(1) To develop and implement a comprehensive and standard policy on support for military families with special needs as required by subsection (d).
(2) To establish and oversee the programs required by subsection (e).
(3) To identify gaps in services available through the Department of Defense for military families with special needs.
(4) To develop plans to address gaps identified under paragraph (3) through appropriate mechanisms, such as enhancing resources and training and ensuring the provision of special assistance to military families with special needs and military parents of individuals with special needs (including through the provision of training and seminars to members of the armed forces).
(5) To monitor the programs of the military departments for the assignment of members of the armed forces who are members of military families with special needs, and the programs for the support of such military families, and to advise the Secretary of Defense on the adequacy of such programs in conjunctio
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Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 20—EDUCATION
§ 1400
Section 1393e, Pub. L. 88–210, title I, § 196, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609, set forth application requirements for grants
and contracts for bilingual vocational training pro-
grams.
Section 1393f, Pub. L. 88–210, title I, § 197, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct.
12, 1976, 90 Stat. 2237, set forth criteria for approval by
Commissioner of applications for grants and contracts
for bilingual vocational training programs.
CHAPTER 33—EDUCATION OF INDIVIDUALS
WITH DISABILITIES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
1400.
Short title; findings; purposes.
1401.
Definitions.
1402.
Office of Special Education Programs.
1403.
Abrogation of State sovereign immunity.
1404.
Acquisition of equipment; construction or al-
teration of facilities.
1405.
Employment of individuals with disabilities.
1406.
Requirements for prescribing regulations.
1407.
State administration.
1408.
Paperwork reduction.
1409.
Freely associated States.
SUBCHAPTER II—ASSISTANCE FOR EDUCATION
OF ALL CHILDREN WITH DISABILITIES
1411.
Authorization; allotment; use of funds; au-
thorization of appropriations.
1412.
State eligibility.
1413.
Local educational agency eligibility.
1414.
Evaluations, eligibility determinations, indi-
vidualized education programs, and edu-
cational placements.
1415.
Procedural safeguards.
1416.
Monitoring, technical assistance, and en-
forcement.
1417.
Administration.
1418.
Program information.
1419.
Preschool grants.
SUBCHAPTER III—INFANTS AND TODDLERS WITH
DISABILITIES
1431.
Findings and policy.
1432.
Definitions.
1433.
General authority.
1434.
Eligib
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1400
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Federal law — U.S. Code and appendices · legal_authorities
Page 1593
TITLE 20—EDUCATION
§ 7703a
1 See References in Text note below.
support payments under section 8003(b)(2) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(2)) for fiscal year 2016, the Secretary of
Education shall carry out subparagraphs (B)(i) and (E)
of such section as if the amendments made to subpara-
graphs (B)(i)(IV) and (D) of section 7003(b)(2) of such
Act [20 U.S.C. 7703(b)(2)] (as amended and redesignated
by this subsection and the Every Student Succeeds Act
(Public Law 114–95; 129 Stat. 1802)) had also been made
to the corresponding provisions of section 8003(b)(2) of
the Elementary and Secondary Education Act of 1965,
as in effect on the day before the date of enactment of
the Every Student Succeeds Act [Dec. 10, 2015].
‘‘(B) LOSS OF ELIGIBILITY.—For fiscal year 2016 or any
succeeding fiscal year, if a local educational agency is
eligible for a basic support payment under subclause
(IV) of section 7003(b)(2)(B)(i) of the Elementary and
Secondary
Education
Act
of
1965
[20
U.S.C.
7703(b)(2)(B)(i)] (as amended by this section and the
Every Student Succeeds Act (Public Law 114–95; 129
Stat. 1802)) or through a corresponding provision under
subparagraph (A), such local educational agency shall
be ineligible to apply for a payment for such fiscal year
under any other subclause of such section (or, for fiscal
year 2016, any other item of section 8003(b)(2)(B)(i)(II) of
the Elementary and Secondary Education Act of 1965
[20 U.S.C. 7703(b)(2)(B)(i)(II)]).
‘‘(C) PAYMENT AMOUNTS.—If, before the date of enact-
ment of this Act [Dec. 23, 2016], a local educational
agency receives 1 or more payments under section
8003(b)(2)(E) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7703(b)(2
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