20 USC 7703d - Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations

U.S Code last checked for updates: Apr 29, 2024

§ 7703d.

Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations

(a)

Assistance authorized

To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in subsection (b) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency had (as determined by the Secretary of Defense in consultation with the Secretary of Education) an overall increase or reduction of—

(1)

not less than five percent in the average daily attendance of military dependent students in the schools of the local educational agency; or

(2)

not less than 500 military dependent students in average daily attendance in the schools of the local educational agency.

(b)

Eligible local educational agencies

A local educational agency is eligible for assistance under subsection (a) for a fiscal year if—

(1)

20 percent or more of students enrolled in schools of the local educational agency are military dependent students; and

(2)

in the case of assistance described in subsection (a)(1), the overall increase or reduction in military dependent students in schools of the local educational agency is the result of one or more of the following:

(A)

The global rebasing plan of the Department of Defense.

(B)

The official creation or activation of one or more new military units.

(C)

The realignment of forces as a result of the base closure process.

(D)

A change in the number of housing units on a military installation.

(E)

A signed record of decision.

(c)

Calculation of amount of assistance

(1)

Pro rata distribution

The amount of the assistance provided under subsection (a) to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying—

(A)

the per-student rate determined under paragraph (2) for that fiscal year; by

(B)

the net of the overall increases and reductions in the number of military dependent students in schools of the local educational agency, as determined under subsection (a).

(2)

Per-student rate

For purposes of paragraph (1)(A), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing—

(A)

the total amount of funds made available for that fiscal year to provide assistance under subsection (a); by

(B)

the sum of the overall increases and reductions in the number of military dependent students in schools of all eligible local educational agencies for that fiscal year under that subsection.

(3)

Maximum amount of assistance

(d)

Duration

(e)

Notification

Not later than June 30, 2023, and June 30 of each fiscal year thereafter for which funds are made available to carry out this section, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under subsection (a) for that fiscal year of—

(1)

the eligibility of the local educational agency for the assistance; and

(2)

the amount of the assistance for which the local educational agency is eligible.

(f)

Disbursement of funds

(g)

Briefing required

(h)

Funding

(1)

Increase

(2)

Offset

(i)

Definitions

In this section:

(1)

The term “base closure process” means any base closure and realignment process conducted after December 23, 2022, under section 2687 of title 10 or any other similar law enacted after that date.

(2)

The term “local educational agency” has the meaning given that term in section 7713(9) of this title.

(3)

The term “military dependent students” means—

(A)

elementary and secondary school students who are dependents of members of the Armed Forces; and

(B)

elementary and secondary school students who are dependents of civilian employees of the Department of Defense.

(4)

The term “State” means each of the several States and the District of Columbia.

(Pub. L. 117–263, div. A, title V, § 575, Dec. 23, 2022, 136 Stat. 2602; Pub. L. 118–31, div. A, title V, § 583(a), Dec. 22, 2023, 137 Stat. 280.)

cite as: 20 USC 7703d