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20 U.S.C. § 7703b — Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance to schools with significant numbers of military dependent students**
(1) **Assistance authorized** — The Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, without such assistance, the local educational agency will be unable (as determined by the Secretary of Defense in consultation with the Secretary of Education) to provide the students in the schools of the local educational agency with a level of education that is equivalent to the minimum level of education available in the schools of the other local educational agencies in the same State.
(2) **Eligible local educational agencies** — A local educational agency is eligible for assistance under this subsection for a fiscal year if at least 20 percent (as rounded to the nearest whole percent) of the students in average daily attendance in the schools of the local educational agency during the preceding school year were military dependent students counted under [section 7703(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7703/a/1&num=0&edition=prelim).
**(b) Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations**
(1) **Assistance authorized** — To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency had (as dete
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Source file: Laws/federal/codes/united-states-code/title-20/section-7703b-assistance-to-local-educational-agencies-that-benefit-dependents-of-memb--d99692caa3.md
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Source location: Title 20, Chapter 70, § 7703b; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) Assistance to schools with significant numbers of military dependent students**
(1) **Assistance authorized** — The Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, without such assistance, the local educational agency will be unable (as determined by the Secretary of Defense in consultation with the Secretary of Education) to provide the students in the schools of the local educational agency with a level of education that is equivalent to the minimum level of education available in the schools of the other local educational agencies in the same State.
(2) **Eligible local educational agencies** — A local educational agency is eligible for assistance under this subsection for a fiscal year if at least 20 percent (as rounded to the nearest whole percent) of the students in average daily attendance in the schools of the local educational agency during the preceding school year were military dependent students counted under [section 7703(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7703/a/1&num=0&edition=prelim).
**(b) Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocations**
(1) **Assistance authorized** — To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency had (as determined by the Secretary of Defense in consultation with the Secretary of Education) an overall increase or reduction of—
(A) not less than five percent in the average daily attendance of military dependent students in the schools of the local educational agency; or
(B) not less than 250 military dependent students in average daily attendance in the schools of the local educational agency.
(2) **Eligible local educational agencies** — A local educational agency is eligible for assistance under this subsection for a fiscal year if—
(A) the local educational agency is eligible for assistance under subsection (a) for the same fiscal year, or would have been eligible for such assistance if not for the reduction in military dependent students in schools of the local educational agency; and
(B) the overall increase or reduction in military dependent students in schools of the local educational agency is the result of one or more of the following:
(i) The global rebasing plan of the Department of Defense.
(ii) The official creation or activation of one or more new military units.
(iii) The realignment of forces as a result of the base closure process.
(iv) A change in the number of housing units on a military installation.
(3) **Calculation of amount of assistance**
(A) *Pro rata distribution* — The amount of the assistance provided under this subsection to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying—
(i) the per-student rate determined under subparagraph (B) for that fiscal year; by
(ii) the net of the overall increases and reductions in the number of military dependent students in schools of the local educational agency, as determined under paragraph (1).
(B) *Per-student rate* — For purposes of subparagraph (A)(i), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing—
(i) the total amount of funds made available for that fiscal year to provide assistance under this subsection; by
(ii) the sum of the overall increases and reductions in the number of military dependent students in schools of all eligible local educational agencies for that fiscal year under this subsection.
(C) *Maximum amount of assistance* — A local educational agency may not receive more than $1,000,000 in assistance under this subsection for any fiscal year.
(4) **Duration** — Assistance may not be provided under this subsection after September 30, 2014.
**(c) Notification** Not later than June 30, 2006, and June 30 of each fiscal year thereafter for which funds are made available to carry out this section, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under this section for that fiscal year of—
(1) the eligibility of the local educational agency for the assistance, including whether the agency is eligible for assistance under either subsection (a) or (b) or both subsections; and
(2) the amount of the assistance for which the local educational agency is eligible.
**(d) Disbursement of funds** The Secretary of Defense shall disburse assistance made available under this section for a fiscal year not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (c) for that fiscal year.
**(e) Definitions** In this section:
(1) The term “base closure process” means the 2005 base closure and realignment process authorized by Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; [10 U.S.C. 2687](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim) note) or any base closure and realignment process conducted after January 6, 2006, under [section 2687 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim) or any other similar law enacted after January 6, 2006.
(2) The term “local educational agency” has the meaning given that term in [section 7713(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7713/9&num=0&edition=prelim).
(3) The term “military dependent students” refers to—
(A) elementary and secondary school students who are dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense.
(4) The term “State” means each of the 50 States and the District of Columbia.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement—
(1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or
(3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied with.
**(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until—
(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification—
(A) an evaluation of the fiscal, local economic, budgetary, environme
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plan required** Not later than January 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a plan to provide assistance to local educational agencies that experience growth in the enrollment of military dependent students as a result of any of the following events:
(1) Force structure changes.
(2) The relocation of a military unit.
(3) The closure or realignment of military installations pursuant to defense base closure and realignment under the base closure laws.
**(b) Elements** The report required by subsection (a), and each updated report required by subsection (c),11 See References in Text note below. shall include the following:
(1) An identification, current as of the date of the report, of the total number of military dependent students who are anticipated to be arriving at or departing from military installations as a result of any event described in subsection (a), including—
(A) an identification of the military installations affected by such arrivals and departures;
(B) an estimate of the number of such students arriving at or departing from each such installation; and
(C) the anticipated schedule of such arrivals and departures.
(2) Such recommendations as the Office of Economic Adjustment of the Department of Defense considers appropriate for means of assisting affected local educational agencies in accommodating increases in enrollment of military dependent students as a result of any such event.
(3) A plan for outreach to be conducted to affected local educational agencies, commanders of military installations, and members of the Armed Forces and civilian personnel of the Department of Defense regarding information on the assistance to be provided under the plan under subsect
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7703c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation of payment**
(1) **In general** — For the purpose of computing the amount that a local educational agency is eligible to receive under subsection (b) or (d) for any fiscal year, the Secretary shall determine the number of children who were in average daily attendance in the schools of such agency, and for whom such agency provided free public education, during the preceding school year and who, while in attendance at such schools—
(A)
(i) resided on Federal property with a parent employed on Federal property situated in whole or in part within the boundaries of the school district of such agency; or
(ii) resided on Federal property with a parent who is an official of, and accredited by, a foreign government and is a foreign military officer;
(B) resided on Federal property and had a parent on active duty in the uniformed services (as defined in [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim));
(C) resided on Indian lands;
(D)
(i) had a parent on active duty in the uniformed services (as defined by [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim)) but did not reside on Federal property; or
(ii) had a parent who is an official of, and has been accredited by, a foreign government and is a foreign military officer but did not reside on Federal property;
(E) resided in low-rent housing;
(F) resided on Federal property and is not described in subparagraph (A) or (B); or
(G) resided with a parent employed on Federal property situated—
(i) in whole or in part in the county in which such agency is located, or in whole or in part in such agency if such agency
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7703
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1781c
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Federal law — U.S. Code and appendices · legal_authorities
Page 2096
TITLE 10—ARMED FORCES
§ 2687
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
(b) Proceeds of sales under subsection (a) shall
be credited to the appropriation currently avail-
able for the supply of that utility or service.
(c) To meet local needs the Secretary con-
cerned may make minor expansions and exten-
sions of any distributing system or facility
within an activity through which a utility or
service is furnished under subsection (a).
(Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2481; Pub.
L. 86–156, Aug. 14, 1959, 73 Stat. 338; renumbered
§ 2686, Pub. L. 105–85, div. A, title III, § 371(b)(1),
Nov. 18, 1997, 111 Stat. 1705; Pub. L. 116–283, div.
A, title IX, § 924(b)(2)(A)(viii), Jan. 1, 2021, 134
Stat. 3821.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
2481(a) .....
5:626s.
5:626s–1 (less words be-
tween semicolon and
colon).
10:1269.
July 30, 1947, ch. 394, 61
Stat. 675; Aug. 8, 1949,
ch. 403, § 5, 63 Stat. 576.
10:1269a (less words be-
tween semicolon and
colon).
34:553a.
34:553b (less words be-
tween semicolon and
colon).
2481(b) .....
5:626s–1 (words between
semicolon and colon).
10:1269a (words between
semicolon and colon).
34:553b (words between
semicolon and colon).
2481(c) .....
5:626s–2.
10:1269b.
34:553c.
In subsection (a), the words ‘‘within his establish-
ment’’, ‘‘of time’’, and the opening clauses of 5:626s–1,
10:1269a, and 34:553b, are omitted as surplusage. The
words ‘‘not available from another local source’’ are
substituted for the words ‘‘not otherwise available from
local private or public sources’’.
In subsection (b), the words ‘‘of sales under sub-
section (a)’’ are substituted for the words ‘‘received for
any such utilities and
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2687
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Federal law — U.S. Code and appendices · legal_authorities
Page 1594
TITLE 20—EDUCATION
§ 7703b
(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 agen-
cies are eligible to receive under such sub-
section, 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 pay-
ment 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 mak-
ing 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 sec-
tion 7713 of this title.
(Pub. L. 106–398, § 1 [[div. A], title III, § 363], Oct.
30, 2000, 114 Stat. 1654, 1654A–77; Pub. L. 114–95,
title IX, § 9215(kk), Dec. 10, 2015, 129 Stat. 2175.)
Editorial Notes
REFERENCES IN TEXT
Section 7703(a)(1) of this title, referred to in subsec.
(a), was in the original ‘‘section 7003(a)(1)’’ and was
translated as meaning section 7003(a)(1) of the Elemen-
tary and Secondary Education Act of 1965, which is
classified to section 7703(a)(1) of this title, to reflect
the probable intent of Congress.
The Individuals with Disabilities
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7703b
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