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
submitted 20 years ago by Pub. L. 109-163 to r/title-20-EDUCATION · 945 words · no verdicts yet
This section authorizes Defense Department financial assistance to local educational agencies with many military-dependent students or major enrollment changes caused by military actions. It sets eligibility, formulas, caps, notice, payment timing, and definitions.
(a) Schools with significant military-dependent enrollment. (1) The Secretary of Defense must provide financial assistance to an eligible agency if, without it, the agency could not provide education equivalent to the minimum level available in other agencies in the same State, as the Secretary determines with the Secretary of Education. (2) An agency qualifies for a fiscal year if at least 20 percent, rounded to the nearest whole percent, of its preceding-year average daily attendance* were military-dependent students counted under section 7703(a)(1).
(b) Enrollment changes from closures or military changes. (1) To help communities adjust to changes in Armed Forces* size or location, the Secretary must assist an eligible agency if, between the end of the school year before the assistance year and the beginning of the school year immediately before that year, the agency had an overall increase or decrease of at least 5 percent in military-dependent average daily attendance, or at least 250 such students. (2) The agency must qualify under (a), or would have qualified without the decrease, and the change must result from the Defense global rebasing plan, creation or activation of a military unit, force realignment through the base-closure process, or a change in installation housing units. (3)(A) The payment equals the fiscal-year per-student rate multiplied by the net increase or decrease in military-dependent students. (B) The rate equals available funds divided by the sum of all eligible agencies' increases and decreases. (C) No agency may receive more than $1,000,000 in a fiscal year. (4) No assistance may be provided after September 30, 2014.
(c) By June 30, 2006, and by June 30 of each later funded fiscal year, the Secretary must tell each eligible agency whether it qualifies under (a), (b), or both, and the amount for which it qualifies. (d) The Secretary must distribute the funds no later than 30 days after giving that notice.
(e) (1) "Base closure process" means the 2005 process authorized by the 1990 Defense Base Closure and Realignment Act, or a later process conducted after January 6, 2006, under section 2687 of title 10 or a similar later law. (2) "Local educational agency" has the meaning in section 7713(9). (3) "Military dependent students" means elementary and secondary students dependent on Armed Forces members or Defense civilian employees. (4) "State" means the 50 States and the District of Columbia.
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.
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.
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—
not less than five percent in the average daily attendance of military dependent students in the schools of the local educational agency; or
not less than 250 military dependent students in average daily attendance in the schools of the local educational agency.
A local educational agency is eligible for assistance under this subsection for a fiscal year if—
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
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:
The global rebasing plan of the Department of Defense.
The official creation or activation of one or more new military units.
The realignment of forces as a result of the base closure process.
A change in the number of housing units on a military installation.
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—
the per-student rate determined under subparagraph (B) for that fiscal year; by
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).
For purposes of subparagraph (A)(i), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing—
the total amount of funds made available for that fiscal year to provide assistance under this subsection; by
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.
A local educational agency may not receive more than $1,000,000 in assistance under this subsection for any fiscal year.
Assistance may not be provided under this subsection after September 30, 2014.
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—
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
the amount of the assistance for which the local educational agency is eligible.
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.
In this section:
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 note) or any base closure and realignment process conducted after January 6, 2006, under section 2687 of title 10 or any other similar law enacted after January 6, 2006.
The term “local educational agency” has the meaning given that term in section 7713(9) of this title.
The term “military dependent students” refers to—
elementary and secondary school students who are dependents of members of the Armed Forces; and
elementary and secondary school students who are dependents of civilian employees of the Department of Defense.
The term “State” means each of the 50 States and the District of Columbia.
Source credit: (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.)
- 2006Enacted · Pub. L. 109-163 · 119 Stat. 3271
- 2009Amended · Pub. L. 111-84 · 123 Stat. 2292
- 2013Amended · Pub. L. 112-239 · 126 Stat. 1743, 1744
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2185
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-163 on 2006-01-06.
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