20 U.S.C. § 7703b — Assistance to local educational agencies

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 Page 1595 TITLE 20—EDUCATION § 7703b the local educational agency is the result of one or more of the following: (i) The global rebasing plan of the De- partment 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 de- pendent 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 di- viding— (i) the total amount of funds made avail- able for that fiscal year to provide assist- ance under this subsection; by (ii) the sum of the overall increases and reductions in the number of military de- pendent 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 re- ceive 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 edu- cational 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 ei- ther 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 assist- ance made available under this section for a fis- cal year not later than 30 days after the date on which notification to the eligible local edu- cational agencies is provided pursuant to sub- section (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 Re- alignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) or any base closure and realignment process con- ducted after January 6, 2006, under section 2687 of title 10 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. (3) The term ‘‘military dependent students’’ refers to— (A) elementary and secondary school stu- dents who are dependents of members of the Armed Forces; and (B) elementary and secondary school stu- dents who are dependents of civilian employ- ees of the Department of Defense. (4) The term ‘‘State’’ means each of the 50 States and the District of Columbia. (Pub. L. 109–163, div. A, title V, § 572, Jan. 6, 2006, 119 Stat. 3271; Pub. L. 111–84, div. A, title V, § 533, Oct. 28, 2009, 123 Stat. 2292; Pub. L. 112–239, div. A, title V, § 561(b)(1), (c), Jan. 2, 2013, 126 Stat. 1743, 1744; Pub. L. 114–95, title IX, § 9215(ccc), Dec. 10, 2015, 129 Stat. 2185.) Editorial Notes REFERENCES IN TEXT The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (e)(1), is part A of title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under section 2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Tables. CODIFICATION Section is comprised of section 572 of Pub. L. 109–163. Subsec. (g) of section 572 of Pub. L. 109–163 repealed sec- tion 386 of Pub. L. 102–484, formerly set out as a note under section 7703 of this title. Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2006, and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter. AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–95, § 9215(ccc)(1), made technical amendment to reference in original act which appears in text as reference to section 7703(a)(1) of this title. Subsec. (e)(2). Pub. L. 114–95, § 9215(ccc)(2), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7713(9) of this title. 2013—Subsec. (b)(4). Pub. L. 112–239, § 561(b)(1), sub- stituted ‘‘September 30, 2014’’ for ‘‘September 30, 2012’’. Subsecs. (e), (f). Pub. L. 112–239, § 561(c), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: ‘‘Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities— ‘‘(1) $30,000,000 shall be available only for the pur- pose of providing assistance to local educational agencies under subsection (a) of this section; and ‘‘(2) $10,000,000 shall be available only for the pur- pose of providing assistance to local educational agencies under subsection (b) of this section.’’ 2009—Subsec. (b)(4). Pub. L. 111–84 substituted ‘‘Sep- tember 30, 2012’’ for ‘‘September 30, 2010’’. Page 1596 TITLE 20—EDUCATION § 7703c 1 See References in Text note below. 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. PLAN AND AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES EXPERIENCING GROWTH IN ENROLLMENT DUE TO FORCE STRUCTURE CHANGES, RELOCATION OF MILITARY UNITS, OR BASE CLOSURES AND REALIGN- MENTS Pub. L. 114–328, div. A, title V, § 572(b), Dec. 23, 2016, 130 Stat. 2141, as amended by Pub. L. 115–91, div. A, title V, § 552(b), Dec. 12, 2017, 131 Stat. 1401, formerly set out as a note under this section, was transferred and is set out as a note under section 7703c of this title. Pub. L. 109–364, div. A, title V, § 574, Oct. 17, 2006, 120 Stat. 2226, as amended by Pub. L. 110–181, div. A, title V, § 573, Jan. 28, 2008, 122 Stat. 120; Pub. L. 110–417, [div. A], title V, § 553, Oct. 14, 2008, 122 Stat. 4469; Pub. L. 112–81, div. A, title V, § 573, Dec. 31, 2011, 125 Stat. 1427; Pub. L. 114–92, div. A, title X, § 1072(h), Nov. 25, 2015, 129 Stat. 995; Pub. L. 114–328, div. A, title V, § 572(a), Dec. 23, 2016, 130 Stat. 2141; Pub. L. 115–91, div. A, title V, § 552(a), Dec. 12, 2017, 131 Stat. 1401, formerly set out as a note under this section, was transferred to section 7703c of this title. § 7703c. Plan and authority to assist local edu- cational agencies experiencing growth in en- rollment due to force structure changes, relo- cation of military units, or base closures and realignments (a) Plan required Not later than January 1, 2007, the Secretary of Defense shall submit to the congressional de- fense committees a report setting forth a plan to provide assistance to local educational agen- cies 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),1 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 instal- lations as a result of any event described in subsection (a), including— (A) an identification of the military instal- lations affected by such arrivals and depar- tures; (B) an estimate of the number of such stu- dents arriving at or departing from each such installation; and (C) the anticipated schedule of such arriv- als and departures. (2) Such recommendations as the Office of Economic Adjustment of the Department of Defense considers appropriate for means of as- sisting 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 af- fected 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 subsection (a). (c) Transition of military dependents among local educational agencies (1) The Secretary of Defense shall work col- laboratively with the Secretary of Education in any efforts to ease the transitions of mili- tary dependent students from Department of Defense dependent schools to other schools and among schools of local educational agen- cies. (2) The Secretary of Defense may use funds of the Department of Defense Education Ac- tivity for the following purposes: (A) To share expertise and experience of the Activity with local educational agencies as military dependent students make the transitions described in paragraph (1), in- cluding transitions resulting from the clo- sure or realignment of military installations under a base closure law, global rebasing, and force restructuring. (B) To provide grant assistance programs for local educational agencies with military dependent students undergoing the transi- tions described in paragraph (1), including programs on the following: (i) Access to virtual and distance learn- ing capabilities and related applications. (ii) Training for teachers. (iii) Academic strategies to increase aca- demic achievement. (iv) Curriculum development. (v) Support for practices that minimize the impact of transition and deployment. (vi) Other appropriate services to im- prove the academic achievement of such students. (d) Definitions In this section: (1) The term ‘‘base closure law’’ has the meaning given that term in section 101 of title 10. (2) The term ‘‘local educational agency’’ has the meaning given that term in section 7713(9) of this title. (3) The term ‘‘military dependent students’’ refers to— (A) elementary and secondary school stu- dents who are dependents of members of the Armed Forces; (B) elementary and secondary school stu- dents who are dependents of civilian employ- ees of the Department of Defense; and (C) elementary and secondary school stu- dents who are dependents of personnel who are not members of the Armed Forces or ci- vilian employees of the Department of De- fense but who are employed on Federal prop- erty. (Pub. L. 109–364, div. A, title V, § 574, Oct. 17, 2006, 120 Stat. 2226, as amended by Pub. L.