20 U.S.C. § 927 | Allotment formula

(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)

section 921(b)(1) of this title the cost of providing academic services of a high quality as required by ; and

(4)

such other factors as the Director considers appropriate.

(b)

Issuance, etc., of regulations

section 1232 of this titleAny 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 .

(c)

Applicability of certain provisions

(1)

Children with disabilities

section 921(b)(3) of this title 20 U.S.C. 1411Notwithstanding the provisions of , the provisions of part B of the Individuals with Disabilities Education Act [ 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

20 U.S.C. 1436 20 U.S.C. 1431The 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 [] and to comply with the procedural safeguards set forth in part C of such Act [ 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.

Pub. L. 95–561, title XIV, § 1409Nov. 1, 197892 Stat. 2369 Pub. L. 102–119, § 24Oct. 7, 1991105 Stat. 605 Pub. L. 106–65, div. A, title III, § 354(3)Oct. 5, 1999113 Stat. 573 Pub. L. 108–446, title III, § 305(b)Dec. 3, 2004118 Stat. 2804(, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–230Apr. 13, 197084 Stat. 175 section 1400 of this titleThe Individuals with Disabilities Education Act, referred to in subsec. (c)(1), (2), is title VI of , , . 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 and Tables.

Amendments

Pub. L. 108–4462004—Subsec. (c)(2). substituted “section 636” for “section 677” and “part C” for “part H”.

Pub. L. 106–65, § 354(3)(A)section 1232 of this title1999—Subsec. (b). , 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 .

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

Pub. L. 106–65, § 354(3)(C)Subsec. (c)(3). , 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.

Pub. L. 102–1191991—Subsec. (c). 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, § 27Oct. 7, 1991105 Stat. 608

“(a)

Sectionsand 8, 9, 10.—

October 1, 1991Oct. 7, 1991The 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)

Sectionsand 5, 12, 13, 14, 15, 17, 18.—

July 1, 1992The 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 .—

section 1484a of this titleOct. 7, 1991The remaining sections of this Act [enacting , 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 [].”

, , , provided that: