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) 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.
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-
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-
If the amount available for a fiscal year for payments under subsection (a) is insufficient to pay the full amount all local educational agencies are eligible to receive under such subsection, 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.
Each local educational agency desiring a payment under subsection (a) shall report to the Secretary of Defense-
Payments shall be made for any period in a fiscal year under this section only to the extent that funds are appropriated specifically for making such payments for that fiscal year.
In this section, the term "local educational agency" has the meaning given that term in section 7713 of this title.
1 See References in Text note below.
20 U.S.C. § 7703a
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 Elementary 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, referred to in subsec. (b)(2)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
CODIFICATIONSection 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.
AMENDMENTS2015-Subsec. (a). Pub. L. 114-95, §9215 (kk)(1), substituted "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 programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- child
- The term "child" means any person within the age limits for which the State provides free public education.