20 U.S.C. § 927 — Allotment formula

Page 140 TITLE 20—EDUCATION § 927 ending on September 30, 2001’’ for ‘‘during the nine-year period beginning on October 1, 1990’’. 1993—Subsec. (c)(1). Pub. L. 103–160 substituted ‘‘nine- year period’’ for ‘‘five-year period’’. 1990—Subsec. (c). Pub. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d). See Codification note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. § 927. Allotment formula (a) Establishment by regulation of minimum al- lotment formula; criteria The Director shall by regulation establish a formula for determining the minimum allot- ment of funds necessary for the operation of each school in the defense dependents’ education system. In establishing such formula, the Direc- tor shall take into consideration— (1) the number of students served by a school and the size of the school; (2) special cost factors for a school, includ- ing— (A) geographic isolation of the school, (B) a need for special staffing, transpor- tation, or educational programs at the school, and (C) unusual food and housing costs, (3) the cost of providing academic services of a high quality as required by section 921(b)(1) of this title; and (4) such other factors as the Director con- siders appropriate. (b) Issuance, etc., of regulations Any regulation under subsection (a) shall be issued, and shall become effective, in accordance with the procedures applicable to regulations re- quired to be issued by the Secretary of Edu- cation in accordance with section 1232 of this title. (c) Applicability of certain provisions (1) Children with disabilities Notwithstanding the provisions of section 921(b)(3) of this title, the provisions of part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.], other than the funding and reporting provisions, shall apply to all schools operated by the Department of Defense under this chapter, including the re- quirement that children with disabilities, aged 3 to 5, inclusive, receive a free appropriate public education. (2) Infants and toddlers with disabilities The responsibility to provide comparable early intervention services to infants and tod- dlers with disabilities and their families in ac- cordance with individualized family service plans described in section 636 of the Individ- uals with Disabilities Education Act [20 U.S.C. 1436] and to comply with the procedural safe- guards set forth in part C of such Act [20 U.S.C. 1431 et seq.] shall apply with respect to all eligible dependents overseas. (3) Implementation In carrying out paragraph (2), the Secretary shall have in effect a comprehensive, coordi- nated, multidisciplinary program of early intervention services for infants and toddlers with disabilities among Department of De- fense entities involved in the provision of such services to such individuals. (Pub. L. 95–561, title XIV, § 1409, Nov. 1, 1978, 92 Stat. 2369; Pub. L. 102–119, § 24, Oct. 7, 1991, 105 Stat. 605; Pub. L. 106–65, div. A, title III, § 354(3), Oct. 5, 1999, 113 Stat. 573; Pub. L. 108–446, title III, § 305(b), Dec. 3, 2004, 118 Stat. 2804.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(1), (2), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Parts B and C of the Act are classified generally to subchapters II (§ 1411 et seq.) and III (§ 1431 et seq.), respectively, of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. AMENDMENTS 2004—Subsec. (c)(2). Pub. L. 108–446 substituted ‘‘sec- tion 636’’ for ‘‘section 677’’ and ‘‘part C’’ for ‘‘part H’’. 1999—Subsec. (b). Pub. L. 106–65, § 354(3)(A), sub- stituted ‘‘Secretary of Education’’ for ‘‘Department of Health, Education, and Welfare’’ and made technical amendment to reference in original act which appears in text as reference to section 1232 of this title. Subsec. (c)(1). Pub. L. 106–65, § 354(3)(B), struck out ‘‘by academic year 1993–1994’’ after ‘‘public education’’. Subsec. (c)(3). Pub. L. 106–65, § 354(3)(C), substituted ‘‘Implementation’’ for ‘‘Implementation timelines’’ in heading, substituted ‘‘In carrying out paragraph (2), the Secretary shall have in effect a comprehensive’’ for ‘‘In carrying out the provisions of paragraph (2), the Secretary shall—’’, struck out the subpar. (A) designa- tion and ‘‘in academic year 1991–1992 and the 2 suc- ceeding academic years, plan and develop a comprehen- sive’’ before ‘‘, coordinated’’, substituted a period for the semicolon after ‘‘such individuals’’, and struck out subpars. (B) and (C) which related to implementation in academic years 1994–1995, 1995–1996, and succeeding aca- demic years. 1991—Subsec. (c). Pub. L. 102–119 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘The provisions of the Education for All Handi- capped Children Act of 1975 shall apply with respect to all schools operated by the Department of Defense under this chapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–119, § 27, Oct. 7, 1991, 105 Stat. 608, provided that: ‘‘(a) SECTIONS 8, 9, AND 10.—The amendments made by sections 8, 9, and 10 [amending sections 1423, 1431, 1434, and 1435 of this title] shall take effect on October 1, 1991, or on the date of enactment of this Act [Oct. 7, 1991], whichever is later. ‘‘(b) SECTIONS 5, 12, 13, 14, 15, 17, AND 18.—The amend- ments made by sections 5, 12, 13, 14, 15, 17, and 18 [amending sections 1413, 1472, 1476, 1477, 1478, 1480, and 1482 of this title] shall take effect July 1, 1992, except that each State shall have the option to have any of the amendments apply earlier than such date. ‘‘(c) REMAINING PROVISIONS.—The remaining sections of this Act [enacting section 1484a of this title, amend- ing this section, sections 241, 1087ee, 1400 to 1402, 1404, 1405, 1407, 1411 to 1417, 1419, 1421 to 1425, 1431 to 1433, 1435, 1442, 1443, 1451, 1452, 1461, 1471 to 1473, and 1475 to Page 141 TITLE 20—EDUCATION § 930 1 See References in Text note below. 1485 of this title, sections 2503 and 2504 of Title 25, Indi- ans, sections 721, [former] 774, 777a, 795m, and 796d of Title 29, Labor, and sections 1396b, 1396n, 6022, 6024, 9835, 9855d, 9862, and 9886 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1400 and 1484 of this title] and the amendments made by such sections shall take ef- fect on the date of the enactment of this Act [Oct. 7, 1991].’’ § 928. School advisory committees (a) Establishment; functions; membership (1) The Director shall provide for the estab- lishment of an advisory committee for each school in the defense dependents’ education sys- tem. An advisory committee for a school shall advise the principal or superintendent of the school with respect to the operation of the school, may make recommendations with re- spect to curriculum and budget matters, and, except as provided under paragraph (2), shall ad- vise the local military commander with respect to problems concerning dependents’ education within the jurisdiction of the commander. The membership of each such advisory committee shall include an equal number of parents of stu- dents enrolled in the school and of employees working at the school and, when appropriate, may include a student enrolled in the school. The membership of each such advisory com- mittee shall also include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the em- ployees working at the school. (2) In the case of any military installation or overseas area where there is more than one school in the defense dependents’ education sys- tem, the Director shall provide for the establish- ment of an advisory committee for such mili- tary installation or overseas area to advise the local military commander with respect to prob- lems concerning dependents’ education within the jurisdiction of the commander. (b) Election of members; regulations respecting qualifications and election procedures Except in the case of a nonvoting member des- ignated under the last sentence of subsection (a)(1), members of a school advisory committee established under this section shall be elected by individuals of voting age residing in the area to be served by the advisory committee. The Secretary of Defense shall by regulation pre- scribe the qualifications for election to an advi- sory committee and procedures for conducting elections of advisory committee members. (c) Members to serve without pay Members of school advisory committees estab- lished under this section shall serve without pay. (Pub. L. 95–561, title XIV, § 1410, Nov. 1, 1978, 92 Stat. 2369; Pub. L. 96–88, title V, § 508(j)(1), (2), Oct. 17, 1979, 93 Stat. 693; Pub. L. 99–145, title XII, § 1204(b)(2), Nov. 8, 1985, 99 Stat. 720.) Editorial Notes AMENDMENTS 1985—Subsec. (a)(1). Pub. L. 99–145, § 1204(b)(2)(A), in- cluded as member of the advisory committee the des- ignee of the exclusive bargaining representative of the employees. Subsec. (b). Pub. L. 99–145, § 1204(b)(2)(B), (C), sub- stituted ‘‘Except in the case of a nonvoting member designated under the last sentence of subsection (a)(1), members’’ for ‘‘Members’’ and ‘‘The Secretary of De- fense’’ for ‘‘The Secretary of Education, in consultation with the Secretary of Defense,’’. 1979—Subsec. (a)(1). Pub. L. 96–88, § 508(j)(1), sub- stituted ‘‘parents’’ for ‘‘representatives of sponsors’’. Subsec. (b). Pub. L. 96–88, § 508(j)(2), empowered the Secretary of Education, in consultation with the Sec- retary of Defense, to prescribe election qualifications and procedures in regard to advisory committees rather than vesting such power in the Secretary of Defense ex- clusively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–88, effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 929. Repealed. Pub. L. 114–328, div. A, title V, § 576, Dec. 23, 2016, 130 Stat. 2143 Section, Pub. L. 95–561, title XIV, § 1411, Nov. 1, 1978, 92 Stat. 2370; Pub. L. 96–88, title V, § 508(j)(3)–(8), Oct. 17, 1979, 93 Stat. 693, 694; Pub. L. 99–145, title XII, § 1204(b)(3)–(5), Nov. 8, 1985, 99 Stat. 720, 721; Pub. L. 106–65, div. A, title III, § 354(4), Oct. 5, 1999, 113 Stat. 573; Pub. L. 113–291, div. A, title V, § 565, Dec. 19, 2014, 128 Stat. 3384, related to Advisory Council on Dependents’ Education. § 930. Study of defense dependents’ education system (a) Scope; conduct and report to Director by con- tractor (1) The Director may from time to time, but not more frequently than once a year, provide for a comprehensive study of the entire defense dependents’ education system. Any such study shall include a detailed analysis of the edu- cation programs and the facilities of the system. (2) Any study under paragraph (1) shall be con- ducted by a contractor selected by the Director after an open competition. After conducting such study, the contractor shall submit a report to the Director describing the results of the study and giving its assessment of the defense dependents’ education system. (b) Consultation requirements respecting study specifications and contractor selection In designing the specifications for any study to be conducted pursuant to subsection (a)(1), and in selecting a contractor to conduct such study under subsection (a)(2), the Director shall consult with the Advisory Council on Depend- ents’ Education established under section 929 1 of this title.