20 U.S.C. § 7710 | Federal administration

(a)

Payments in whole dollar amounts

The Secretary shall round any payments under this subchapter to the nearest whole dollar amount.

(b)

Other agencies

Each Federal agency administering Federal property on which children reside, and each agency principally responsible for an activity that may occasion assistance under this subchapter, shall, to the maximum extent practicable, comply with requests of the Secretary for information the Secretary may require to carry out this subchapter.

(c)

Special rules

(1)

Certain children eligible under subparagraphs (A) and (G)(ii) of section 7703(a)(1)

(A)

section 7703(a)(1) of this title The Secretary shall treat as eligible under subparagraph (A) of any child who would be eligible under such subparagraph except that the Federal property on which the child resides or on which the child’s parent is employed is not in the same State in which the child attends school, if such child meets the requirements of paragraph (2).

(B)

section 7703(a)(1) of this title The Secretary shall treat as eligible under subparagraph (G) of any child who would be eligible under such subparagraph except that such child does not meet the requirements of clause (ii) of such subparagraph, if such child meets the requirements of paragraph (2).

(2)

Requirements

A child meets the requirements of this paragraph if—

(A)

such child resides—

(i)

in a State adjacent to the State in which the local educational agency serving the school such child attends is located; or

(ii)

with a parent employed on Federal property in a State adjacent to the State in which such agency is located;

(B)

the schools of such agency are within a more reasonable commuting distance of such child’s home than the schools of the local educational agency that serves the school attendance area where such child resides;

(C)

attending the schools of the local educational agency that serves the school attendance area where such child resides will impose a substantial hardship on such child;

(D)

section 7709(b) of this title the State in which such child attends school provides funds for the education of such child on the same basis as all other public school children in the State, unless otherwise permitted under ; and

(E)

section 7703(b) of this title such agency received a payment for fiscal year 1999 under on behalf of children described in paragraph (1).

(d)

Timely payments

(1)

In general

Subject to paragraph (2), the Secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this subchapter for a fiscal year not later than September 30 of the second fiscal year following the fiscal year for which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this subchapter for such fiscal year.

(2)

Payments with respect of fiscal years in which insufficient funds are appropriated

section 7714 of this titleFor a fiscal year in which the amount appropriated under is insufficient to pay the full amount a local educational agency is eligible to receive under this subchapter, paragraph (1) shall be applied by substituting “is available to pay the agency” for “the agency is eligible to receive” each place the term appears.

Pub. L. 89–10, title VII, § 7010 Pub. L. 103–382, title I, § 101Oct. 20, 1994108 Stat. 3767 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 112–239, div. A, title V, § 563(b)(3)Jan. 2, 2013126 Stat. 1747 Pub. L. 114–95, title VIIDec. 10, 2015129 Stat. 2074(, formerly title VIII, § 8010, as added , , ; amended , title XVIII, § 1813], , , 1654A–387; , (c)(4), , , 1748; renumbered title VII, § 7010, and amended , §§ 7001(a)(1), (c)(2), (d)(3), (6), 7010, , , 2087.)

Editorial Notes

Amendments

Pub. L. 114–95, § 7001(a)(1)Pub. L. 112–239, § 563(c)(4)2015—, repealed . See 2013 Amendment notes below.

Pub. L. 114–95, § 7010(1)(A)Subsec. (c)(1). , made technical amendment to reference in original act which appears in heading as reference to section 7703(a)(1).

Pub. L. 114–95, § 7001(d)(3)section 7703(a)(1) of this titleSubsec. (c)(1)(A), (B). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 7010(1)(B)section 7709(b) of this titleSubsec. (c)(2)(D). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 7001(d)(6)section 7703(b) of this titleSubsec. (c)(2)(E). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 7010(2)section 7714 of this titleSubsec. (d)(2). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 112–239, § 563(c)(4)Pub. L. 112–239, § 563(b)(3)(B)Jan. 3, 2013Pub. L. 114–95, § 7001(a)(1)2013—, which directed repeal of the amendment by , on the day after the 5-year period that began on , was itself repealed by .

Pub. L. 112–239, § 563(b)(3)(A)Subsec. (c)(1). , substituted “paragraph (2)” for “paragraph (3) of this subsection” in subpars. (A) and (B).

Pub. L. 112–239, § 563(b)(3)(B)Subsec. (d). , added subsec. (d).

Pub. L. 106–398, § 1 [[div. A]section 3 of the Act of September 30, 1950October 20, 19942000—Subsec. (c)(1). , title XVIII, § 1813(1), (2)], redesignated par. (2) as (1) and struck out heading and text of former par. (1). Text read as follows: “Notwithstanding any other provision of law, for any fiscal year before fiscal year 1995, the Secretary shall treat as eligible under subsection (a) or (b) of (Public Law 874, 81st Congress) (as such subsection was in effect on the day preceding ), and shall forgive the obligation of a local educational agency to repay any amounts that such agency received under such section for such fiscal year based on, any child who would be eligible under such subsections except that such child does not meet the requirements of subsection (a)(1)(B) or (b)(2)(B), respectively, of such section 3, if such child meets the requirements of paragraph (3) of this subsection.”

Pub. L. 106–398, § 1 [[div. A]Subsec. (c)(2). , title XVIII, § 1813(2)], redesignated par. (3) as (2). Former par. (2) redesignated (1).

Pub. L. 106–398, § 1 [[div. A]section 5(d)(2) of the Act of September 30, 1950October 20, 1994Subsec. (c)(2)(D). , title XVIII, § 1813(3)(A)], struck out “ (Public Law 874, 81st Congress) (as such section was in effect on the day preceding ) or” after “otherwise permitted under”.

Pub. L. 106–398, § 1 [[div. A]section 7703(b) of this titleSubsec. (c)(2)(E). , title XVIII, § 1813(3)(B)], substituted “1999” for “1994”, struck out “(or such section’s predecessor authority)” after “”, and substituted “paragraph (1)” for “paragraph (2)”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (c)(3). , title XVIII, § 1813(2)], redesignated par. (3) as (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see , set out as a note under .