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Title 20 — Education

Chapter 25A — Overseas Defense Dependents’ Education

§ 927. Allotment formula

Statutory text

(a)

Establishment by regulation of minimum allotment formula; criteria

The Director shall by regulation establish a formula for determining the minimum allotment of funds necessary for the operation of each school in the defense dependents’ education system. In establishing such formula, the Director 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, including—

(A)

geographic isolation of the school,

(B)

a need for special staffing, transportation, 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 considers 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 required to be issued by the Secretary of Education 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 requirement 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 toddlers with disabilities and their families in accordance with individualized family service plans described in section 636 of the Individuals with Disabilities Education Act [20 U.S.C. 1436] and to comply with the procedural safeguards 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, coordinated, multidisciplinary program of early intervention services for infants and toddlers with disabilities among Department of Defense entities involved in the provision of such services to such individuals.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Defense Dependents’ Education Act of 1978

    Pub. L. 95–561 title XIV § 1409 · 92 Stat. 2143

    Enacted · 20 U.S.C. § 927

    Pub. L. 95–561, title XIV, § 1409, Nov. 1, 1978, 92 Stat. 2369

    Source evidence

    Code source credit
    Pub. L. 95–561, title XIV, § 1409, Nov. 1, 1978, 92 Stat. 2369

    Enacted provision · exact public law section
    Sec. 1409. allotment formula (a) The Director shall by regulation establish a formula Regulation. 20 USC 927. for determining the minimum allotment of funds necessary for the operation of each school in the defense dependents’ education system. In establishing such formula, the Director 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, including— (A) geographic isolation of the school, (B) a need for special staffing, transportation, 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 1402(b) (1); and (4) such other factors as the Director considers appropriate. (b) Any regulation under subsection (a) shall be issued, and shall become effective, in accordance with the procedures applicable to regulations required to be issued by the Department of Health, Education, and Welfare in accordance with section 431 of 20 USC 1232. the General Education Provisions Act. (c) The provisions of the Education for All Handicapped Children Act of 1975 shall apply with respect to all schools 20 USC 1401 note. operated by the Department of Defense under this Act.

  2. Individuals with Disabilities Education Act Amendments of 1991

    Pub. L. 102–119 § 24 · 105 Stat. 587

    Amended · 20 U.S.C. § 927(c)

    Pub. L. 102–119 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The provisions of the Education for All Handicapped Children Act of 1975 shall apply with respect to all schools operated by the Department of Defense under this chapter.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–119 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The provisions of the Education for All Handicapped Children Act of 1975 shall apply with respect to all schools operated by the Department of Defense under this chapter.”

    Enacted provision · exact public law section
    SEC. 24. DEFENSE DEPENDENTS EDUCATION ACT OF 1978. Section 1409(c) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 927(c)) is amended to read as follows: “(c) Applicability of Certain Provisions.— “(1) Children with disabilities.— Notwithstanding the provisions of section 1402(b)(3), the provisions of part B of the Individuals with Disabilities Education Act, other than the funding and reporting provisions, shall apply to all schools operated by the Department of Defense under this title, including the requirement that children with disabilities, aged 3 to 5, inclusive, receive a free appropriate public education by academic year 1993–1994. “(2) Infants and toddlers with disability.— The responsibility to provide comparable early intervention services to infants and toddlers with disabilities and their families in accordance with individualized family service plans described in section 677 of the Individuals with Disabilities Education Act and to comply with the procedural safeguards set forth in part H of such Act shall apply with respect to all eligible dependents overseas. “(3) Implementation timelines.— In carrying out the provisions of paragraph (2), the Secretary shall— “(A) in academic year 1991–1992 and the 2 succeeding academic years, plan and develop a comprehensive, coordinated, multidisciplinary program of early intervention services for infants and toddlers with disabilities among Department of Defense entities involved in the provision of such services to such individuals; “(B) in academic year 1994–1995, implement the program described in subparagraph (A), except the Secretary need only conduct multidisciplinary assessments, develop individualized family service plans, and make available case management services; and “(C) in academic year 1995–1996 and succeeding academic years, have in effect the program described in subparagraph (A).”.

    Effective date note
    Pub. L. 102–119, § 27, Oct. 7, 1991, 105 Stat. 608, provided that:

  3. Pub. L. 106–65 § 354(3)(A) · 113 Stat. 512

    Substituted · 20 U.S.C. § 927(b)

    Pub. L. 106–65, § 354(3)(A), substituted “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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–65, § 354(3)(A), substituted “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.

    Enacted provision · exact public law section
    (A) in subsection (b), by striking “Department of Health, Education, and Welfare in accordance with section 431 of the General Education Provisions Act” and inserting “Secretary of Education in accordance with section 437 of the General Education Provisions Act (20 U.S.C. 1232)”;

  4. Pub. L. 106–65 § 354(3)(B) · 113 Stat. 512

    Struck · 20 U.S.C. § 927(c)(1)

    Pub. L. 106–65, § 354(3)(B), struck out “by academic year 1993–1994” after “public education”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 106–65, § 354(3)(B), struck out “by academic year 1993–1994” after “public education”.

    Enacted provision · exact public law section
    (B) in subsection (c)(1), by striking “by academic year 1993–1994”; and

  5. Pub. L. 106–65 § 354(3)(C) · 113 Stat. 512

    1. Substituted · 20 U.S.C. § 927(c)(3)

      Pub. L. 106–65, § 354(3)(C), substituted “Implementation” for “Implementation timelines” in heading

    2. Substituted · 20 U.S.C. § 927(c)(3)

      Pub. L. 106–65, § 354(3)(C), 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—”

    3. Struck · 20 U.S.C. § 927(c)(3)

      Pub. L. 106–65, § 354(3)(C), struck out the subpar. (A) designation and “in academic year 1991–1992 and the 2 succeeding academic years, plan and develop a comprehensive” before “, coordinated”

    4. Substituted · 20 U.S.C. § 927(c)(3)

      Pub. L. 106–65, § 354(3)(C), substituted a period for the semicolon after “such individuals”

    5. Struck · 20 U.S.C. § 927(c)(3)

      Pub. L. 106–65, § 354(3)(C), struck out subpars. (B) and (C) which related to implementation in academic years 1994–1995, 1995–1996, and succeeding academic years

    Source evidence

    Code amendment note
    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) designation and “in academic year 1991–1992 and the 2 succeeding academic years, plan and develop a comprehensive” 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 academic years.

    Enacted provision · exact public law section
    (C) in subsection (c)(3)— (i) by striking “Implementation Timelines.—In carrying out” and all that follows through “a comprehensive” and inserting “Implementation.—In carrying out paragraph (2), the Secretary shall have in effect a comprehensive”; (ii) by striking the semicolon after “such individuals” and inserting a period; and (iii) by striking subparagraphs (B) and (C).

  6. Individuals with Disabilities Education Improvement Act of 2004

    Pub. L. 108–446 title III § 305(b) · 118 Stat. 2647

    1. Substituted · 20 U.S.C. § 927(c)(2)

      Pub. L. 108–446 substituted “section 636” for “section 677”

    2. Substituted · 20 U.S.C. § 927(c)(2)

      Pub. L. 108–446 substituted “part C” for “part H”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 108–446 substituted “section 636” for “section 677” and “part C” for “part H”.

    Enacted provision · exact public law section
    (b) Defense Dependents Education Act of 1978.— Section 1409(c)(2) of the Defense Dependents Education Act of 1978 (20 U.S.C. 927(c)(2)) is amended— (1) by striking “677” and inserting “636”; and (2) by striking “part H” and inserting “part C”.

11 of 11 references resolved to an enrolled provision

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (c)(1), (2), is title VI of Pub. L. 91–230, , 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.

Amendments1991–2004 · 3 rounds

2004

Subsec. (c)(2). Pub. L. 108–446 substituted “section 636” for “section 677” and “part C” for “part H”.

1999

Subsec. (b). Pub. L. 106–65, § 354(3)(A), substituted “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) designation and “in academic year 1991–1992 and the 2 succeeding academic years, plan and develop a comprehensive” 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 academic years.

1991

Subsec. (c). Pub. L. 102–119 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The provisions of the Education for All Handicapped 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, , 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 , or on the date of enactment of this Act [], whichever is later.

“(b)

Sections 5, 12, 13, 14, 15, 17, and 18.—

The amendments 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 , 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, amending 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 1485 of this title, sections 2503 and 2504 of Title 25, Indians, 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 effect on the date of the enactment of this Act [].”

Credits

1978–2004 · 4 acts
  1. 1978Pub. L. 95–561, title XIV, § 1409, , 92 Stat. 2369
  2. 1991Pub. L. 102–119, § 24, , 105 Stat. 605
  3. 1999Pub. L. 106–65, div. A, title III, § 354(3), , 113 Stat. 573
  4. 2004Pub. L. 108–446, title III, § 305(b), , 118 Stat. 2804.
Show as published

(Pub. L. 95–561, title XIV, § 1409, , 92 Stat. 2369; Pub. L. 102–119, § 24, , 105 Stat. 605; Pub. L. 106–65, div. A, title III, § 354(3), , 113 Stat. 573; Pub. L. 108–446, title III, § 305(b), , 118 Stat. 2804.)

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