1995 US Code
Title 20 - EDUCATION
CHAPTER 69 - SCHOOL-TO-WORK OPPORTUNITIES
SUBCHAPTER VIII - IMPACT AID
Sec. 7706 - Payments for sudden and substantial increases in attendance of military dependents

View Metadata

§7706. Payments for sudden and substantial increases in attendance of military dependents (a) Eligibility

A local educational agency is eligible for a payment under this section if—

(1) the number of children in average daily attendance during the school year for which the determination is made is at least 10 percent or 100 more than the number of children in average daily attendance in the school year preceding the school year for which the determination is made; and

(2) the number of children in average daily attendance with a parent on active duty (as defined in section 101(18) of title 37) in the Armed Forces who are in attendance at such agency because of the assignment of their parent to a new duty station between May 15 and September 30, inclusive, of the fiscal year for which the determination is made, as certified by an appropriate local official of the Department of Defense, is at least 10 percent or 100 more than the number of children in average daily attendance in the preceding school year.

(b) Application

A local educational agency that wishes to receive a payment under this section shall file an application with the Secretary by October 15 of the school year for which payment is requested, in such manner and containing such information as the Secretary may prescribe, including information demonstrating that such agency is eligible for such a payment.

(c) Children to be counted

For each eligible local educational agency that applies for a payment under this section, the Secretary shall determine the lesser of—

(1) the increase in the number of children in average daily attendance from the school year preceding the fiscal year for which the determination is made; and

(2) the number of children described in subsection (a)(2) of this section.

(d) Payments (1) In general

Except as provided in paragraph (2), from the amount appropriated for a fiscal year under section 7714(d) of this title, the Secretary shall pay each local educational agency with an approved application an amount equal to one-half of the national average per-pupil expenditure multiplied by the number of such children determined under subsection (c) of this section for that local educational agency.

(2) Ratable reduction

(A) If the amount appropriated to carry out this section for any fiscal year is insufficient to pay the full payment that all eligible local educational agencies are eligible to receive under this section for such year, then the Secretary shall ratably reduce the payments to such agencies for such year.

(B) If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced.

(e) Notification process (1) Establishment

The Secretary shall establish, with the Secretary of Defense, a notification process relating to the closure of Department of Defense facilities, or the adjustment of personnel levels assigned to such facilities, which may substantially affect the student enrollment levels of local educational agencies which receive or may receive payments under this subchapter.

(2) Information

Such process shall provide timely information regarding such closures and such adjustments—

(A) by the Secretary of Defense to the Secretary; and

(B) by the Secretary to the affected local educational agencies.

(Pub. L. 89–10, title VIII, §8006, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3762.)

Section Referred to in Other Sections

This section is referred to in sections 7707, 7714 of this title.