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20 U.S.C. § 7703a — Impact aid for children with severe dis-
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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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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)(E)) for fiscal year
2016, the sum of which is greater than the amount the
Secretary of Education determines the local edu-
cational agency is entitled to receive under such sec-
tion in accordance with subparagraph (A)—
‘‘(i) the Secretary shall allow the local educational
agency to retain the larger amount; and
‘‘(ii) such local educational agency shall not be eli-
gible to receive any additional payment under such
section for fiscal year 2016.’’
TRANSITION PROVISIONS
Pub. L. 107–110, title VIII, § 802(a)(2), Jan. 8, 2002, 115
Stat. 1949, provided that: ‘‘The Secretary shall consider
an application for a payment under section 8003(b)(2) [20
U.S.C. 7703(b)(2)] for fiscal year 2002 from a qualified
local
educational
agency
described
in
section
8003(b)(2)(C)(iv), as added by paragraph (1), as meeting
the requirements of section 8003(b)(2)(C)(iii), and shall
provide a payment under section 8003(b)(2) for fiscal
year 2002, if the agency submits to the Secretary an ap-
plication for payment under such section not later than
30 days after the date of enactment of this Act [Jan. 8,
2002].’’
ASSISTANCE
TO
LOCAL
EDUCATIONAL
AGENCIES
THAT
BENEFIT
DEPENDENTS
OF
MEMBERS
OF
ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EM-
PLOYEES
Pub. L. 102–484, div. A, title III, § 386, Oct. 23, 1992, 106
Stat. 2394, as amended by Pub. L. 103–160, div. A, title
III, § 373(a), (b), Nov. 30, 1993, 107 Stat. 1635, 1636; Pub. L.
103–382, title III, § 391(d), Oct. 20, 1994, 108 Stat. 4022;
Pub. L. 104–106, div. A, title X, § 1074(c)–(e), (h), Feb. 10,
1996, 110 Stat. 448, 449; Pub. L. 105–85, div. A, title III,
§ 381(e), Nov. 18, 1997, 111 Stat. 1709; Pub. L. 106–65, div.
A, title III, § 351(e), Oct. 5, 1999, 113 Stat. 572, which re-
quired the Secretary of Defense, in consultation with
the Secretary of Education, to provide financial assist-
ance to certain local educational agencies in States,
was repealed by Pub. L. 109–163, div. A, title V, § 572(g),
Jan. 6, 2006, 119 Stat. 3273. See section 7703b of this
title.
NOTICE
TO LOCAL
AND STATE EDUCATIONAL AGENCIES
OF
ENROLLMENT
CHANGES
DUE
TO
BASE
CLOSURES
AND REALIGNMENTS
For provisions requiring Secretary of Defense to iden-
tify local educational agencies that will experience at
least a 5-percent increase or 10-percent reduction in en-
rollment in number of dependent children of members
of Armed Forces and of civilian employees of Depart-
ment of Defense enrolled in schools under jurisdiction
of such agencies during next academic year as a result
of closure or realignment of a military installation,
and to transmit notice of schedule of such closure or
realignment to affected local and State educational
agencies, see section 2833 of Pub. L. 101–189, set out as
a note under section 2687 of Title 10, Armed Forces.
§ 7703a. Impact aid for children with severe dis-
abilities
(a) Payments
Subject to subsection (f), the Secretary of De-
fense shall make a payment for fiscal years after
fiscal year 2001, to each local educational agency
eligible to receive a payment for a child de-
scribed in subparagraph (A)(ii) or (B), or clause
(i) or (ii) of subparagraph (D), of section
7703(a)(1) 1 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 sub-
section 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 re-
sides to defray the educational and related
services for such child;
(B) under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) to de-
fray 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 condi-
tion 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 re-
lated 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 stu-
dent; or
(2) three times the State average per pupil
expenditure, for a child who is provided edu-
cational 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.
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 Education Act, re-
ferred to in subsec. (b)(2)(B), is title VI of Pub. L.
91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen-
erally to chapter 33 (§ 1400 et seq.) of this title. For
complete classification of this Act to the Code, see sec-
tion 1400 of this title and Tables.
CODIFICATION
Section was enacted as part of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year
2001, and not as part of the Elementary and Secondary
Education Act of 1965 which comprises this chapter.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 9215(kk)(1), sub-
stituted ‘‘subparagraph (A)(ii) or (B), or clause (i) or (ii)
of subparagraph (D), of section 7703(a)(1) of this title’’
for ‘‘subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section
7703(a)(1) of this title’’.
Subsec. (g). Pub. L. 114–95, § 9215(kk)(2), substituted
‘‘section 7713 of this title.’’ for ‘‘section 7713(9) of this
title.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
§ 7703b. Assistance to local educational agencies
that benefit dependents of members of the
Armed Forces and Department of Defense ci-
vilian employees
(a) Assistance to schools with significant num-
bers of military dependent students
(1) Assistance authorized
The Secretary of Defense shall provide fi-
nancial assistance to an eligible local edu-
cational 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 stu-
dents in the schools of the local educational
agency with a level of education that is equiv-
alent to the minimum level of education avail-
able in the schools of the other local edu-
cational agencies in the same State.
(2) Eligible local educational agencies
A local educational agency is eligible for as-
sistance under this subsection for a fiscal year
if at least 20 percent (as rounded to the near-
est 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.
(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 adjust-
ments resulting from changes in the size or lo-
cation 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 edu-
cational 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 aver-
age daily attendance of military dependent
students in the schools of the local edu-
cational 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 as-
sistance 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
Cross-references
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
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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
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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
Page 1579
TITLE 20—EDUCATION
§ 7703
‘‘(4) demonstrates to the satisfaction of the Sec-
retary that such agency’s per-pupil revenue derived
from local sources for current expenditures is not less
than that revenue for the preceding fiscal year.’’
Subsec. (j). Pub. L. 105–78 added subsec. (j).
1996—Subsecs. (g), (h). Pub. L. 104–195, § 1, added sub-
secs. (g) and (h).
Subsec. (i). Pub. L. 104–195, § 6, added subsec. (i).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
and effective with respect to appropriations for use
under this subchapter beginning fiscal year 2017, except
as otherwise provided in such amendment, see section
5 of Pub. L. 114–95, set out as a note under section 6301
of this title.
EFFECTIVE DATE OF 2013 AMENDMENT
Pub. L. 112–239, div. A, title V, § 563(c), Jan. 2, 2013, 126
Stat. 1748, as amended by Pub. L. 113–291, div. A, title
V, § 563, Dec. 19, 2014, 128 Stat. 3384; Pub. L. 114–95, title
VII, § 7001(a), title IX, § 9215(pp), Dec. 10, 2015, 129 Stat.
2074, 2180, provided that:
‘‘(1) EFFECTIVE DATE.—With respect to applications
submitted under section 8002 [now 7002] of the Elemen-
tary and Secondary Education Act of 1965 [20 U.S.C.
7702], as such section was in effect on the day before the
date of enactment of the Every Student Succeeds Act
[Dec. 10, 2015], for fiscal year 2010, title VIII [now VII]
of the Elementary and Secondary Education Act of 1965
[20 U.S.C. 7701 et seq.] (including the amendments made
by subsection (b)(1) [amending this section]), as in ef-
fect on such date, and subsection (b)(1) shall take effect
with respect to such applications, notwithstanding sec-
tion 8005(d) [now 7005(d)] of such Act [20 U.S.C. 7705(d)],
as in effec
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7703
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7703a
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