§ 7703a. — Impact aid for children with severe disabilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC7703a]
TITLE 20--EDUCATION
CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY
SCHOOLS
SUBCHAPTER VIII--IMPACT AID
Sec. 7703a. Impact aid for children with severe disabilities
(a) Payments
Subject to subsection (f) of this section, the Secretary of Defense
shall make a payment for fiscal years after fiscal year 2001, to each
local educational agency eligible to receive a payment for a child
described in subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section
7703(a)(1) of this title that serves two or more such children with
severe disabilities, for costs incurred in providing a free appropriate
public education to each such child.
(b) Payment amount
The amount of the payment under subsection (a) of this section to a
local educational agency for a fiscal year for each child referred to in
such subsection with a severe disability shall be--
(1) the payment made on behalf of the child with a severe
disability that is in excess of the average per pupil expenditure in
the State in which the local educational agency is located; less
(2) the sum of the funds received by the local educational
agency--
(A) from the State in which the child resides to defray the
educational and related services for such child;
(B) under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) to defray the educational and related
services for such child; and
(C) from any other source to defray the costs of providing
educational and related services to the child which are received
due to the presence of a severe disabling condition of such
child.
(c) Exclusions
No payment shall be made under subsection (a) of this section on
behalf of a child with a severe disability whose individual cost of
educational and related services does not exceed--
(1) five times the national or State average per pupil
expenditure (whichever is lower), for a child who is provided
educational and related services under a program that is located
outside the boundaries of the school district of the local
educational agency that pays for the free appropriate public
education of the student; or
(2) three times the State average per pupil expenditure, for a
child who is provided educational and related services under a
program offered by the local educational agency, or within the
boundaries of the school district served by the local educational
agency.
(d) Ratable reduction
If the amount available for a fiscal year for payments under
subsection (a) of this section is insufficient to pay the full amount
all local educational agencies are eligible to receive under such
subsection, the Secretary of Defense shall ratably reduce the amounts of
the payments made under such subsection to all local educational
agencies by an equal percentage.
(e) Report
Each local educational agency desiring a payment under subsection
(a) of this section shall report to the Secretary of Defense--
(1) the number of severely disabled children for which a payment
may be made under this section; and
(2) a breakdown of the average cost, by placement (inside or
outside the boundaries of the school district of the local
educational agency), of providing education and related services to
such children.
(f) Payments subject to appropriation
Payments shall be made for any period in a fiscal year under this
section only to the extent that funds are appropriated specifically for
making such payments for that fiscal year.
(g) Local educational agency defined
In this section, the term ``local educational agency'' has the
meaning given that term in section 7713(9) of this title.
(Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 363], Oct. 30, 2000,
114 Stat. 1654, 1654A-77.)
References in Text
The Individuals with Disabilities Education Act, referred to in
subsec. (b)(2)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84
Stat. 175, as amended, which is classified generally to chapter 33
(Sec. 1400 et seq.) of this title. For complete classification of this
Act to the Code, see section 1400 of this title and Tables.
Codification
Section was enacted as part of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, and not as part of the
Elementary and Secondary Education Act of 1965 which comprises this
chapter.
