§ 927. — Allotment formula.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC927]
TITLE 20--EDUCATION
CHAPTER 25A--OVERSEAS DEFENSE DEPENDENTS' EDUCATION
Sec. 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) the cost of providing academic services of a high quality as
required by section 921(b)(1) of this title; and
(4) such other factors as the Director considers appropriate.
(b) Issuance, etc., of regulations
Any regulation under subsection (a) of this section 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 section 1232 of this title.
(c) Applicability of certain provisions
(1) Children with disabilities
Notwithstanding the provisions of section 921(b)(3) of this
title, the provisions of part B of the Individuals with Disabilities
Education Act [20 U.S.C. 1411 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
The 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 677 \1\ of the Individuals with Disabilities
Education Act and to comply with the procedural safeguards set forth
in part H \1\ of such Act shall apply with respect to all eligible
dependents overseas.
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\1\ See References in Text note below.
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(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, Sec. 1409, Nov. 1, 1978, 92 Stat. 2369; Pub.
L. 102-119, Sec. 24, Oct. 7, 1991, 105 Stat. 605; Pub. L. 106-65, div.
A, title III, Sec. 354(3), Oct. 5, 1999, 113 Stat. 573.)
References in Text
The Individuals with Disabilities Education Act, referred to in
subsec. (c)(1), (2), is title VI of Pub. L., 91-230, Apr. 13, 1970, 84
Stat. 175, as amended. Part B of the Act is classified generally to
subchapter II (Sec. 1411 et seq.) of chapter 33 of this title. Part H of
the Act and section 677 of the Act were classified generally to
subchapter VIII (Sec. 1471 et seq.) of chapter 33 of this title and
section 1477 of this title, respectively, prior to repeal by Pub. L.
105-17, title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective
July 1, 1998. For complete classification of this Act to the Code, see
section 1400 of this title and Tables.
Amendments
1999--Subsec. (b). Pub. L. 106-65, Sec. 354(3)(A), 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 section 1232 of this title.
Subsec. (c)(1). Pub. L. 106-65, Sec. 354(3)(B), struck out ``by
academic year 1993-1994'' after ``public education''.
Subsec. (c)(3). Pub. L. 106-65, Sec. 354(3)(C), 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.
1991--Subsec. (c). Pub. L. 102-119 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.''
Effective Date of 1991 Amendment
Section 27 of Pub. L. 102-119 provided that:
``(a) Sections 8, 9, and 10.--The amendments made by sections 8, 9,
and 10 [amending sections 1423, 1431, 1434, and 1435 of this title]
shall take effect on October 1, 1991, or on the date of enactment of
this Act [Oct. 7, 1991], whichever is later.
``(b) Sections 5, 12, 13, 14, 15, 17, and 18.--The 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 July
1, 1992, except that each State shall have the option to have any of the
amendments apply earlier than such date.
``(c) Remaining Provisions.--The remaining sections of this Act
[enacting section 1484a of this title, 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, 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 [Oct. 7, 1991].''
