U.S Code last checked for updates: Apr 29, 2024
§ 7710.
Federal administration
(a)
Payments in whole dollar amounts
(b)
Other agencies
(c)
Special rules
(1)
Certain children eligible under subparagraphs (A) and (G)(ii) of section 7703(a)(1)
(A)
The Secretary shall treat as eligible under subparagraph (A) of section 7703(a)(1) of this title 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)
The Secretary shall treat as eligible under subparagraph (G) of section 7703(a)(1) of this title 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)
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 section 7709(b) of this title; and
(E)
such agency received a payment for fiscal year 1999 under section 7703(b) of this title on behalf of children described in paragraph (1).
(d)
Timely payments
(1)
In general
(2)
Payments with respect of fiscal years in which insufficient funds are appropriated
(Pub. L. 89–10, title VII, § 7010, formerly title VIII, § 8010, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3767; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813], Oct. 30, 2000, 114 Stat. 1654, 1654A–387; Pub. L. 112–239, div. A, title V, § 563(b)(3), (c)(4), Jan. 2, 2013, 126 Stat. 1747, 1748; renumbered title VII, § 7010, and amended Pub. L. 114–95, title VII, §§ 7001(a)(1), (c)(2), (d)(3), (6), 7010, Dec. 10, 2015, 129 Stat. 2074, 2087.)
cite as: 20 USC 7710