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Title 20 — EducationRelease 119-73

§927 Allotment formula

Title 20 › Chapter CHAPTER 25A— - OVERSEAS DEFENSE DEPENDENTS’ EDUCATION › § 927

Last updated Apr 6, 2026|Official source

Summary

The Director must create a rule that sets the minimum money each Defense Dependents’ school needs to operate. The rule must consider things like how many students the school has and how big it is, special cost needs (for example, if the school is isolated, needs extra staff or special transportation or programs, or has unusually high food or housing costs), the cost of meeting the high-quality academic standards required by section 921(b)(1), and any other factors the Director finds important. That rule must be issued and take effect using the same process the Secretary of Education follows under section 1232. Part B of the Individuals with Disabilities Education Act (IDEA), except for its funding and reporting rules, applies to all Department of Defense schools. That includes the requirement that children with disabilities ages 3 to 5, inclusive, receive a free appropriate public education. The Department must also provide comparable early intervention services for eligible infants and toddlers with disabilities overseas under individualized family service plans described in section 636 of IDEA and follow the procedural safeguards in part C of IDEA. The Secretary must maintain a coordinated, multidisciplinary early intervention program across Department of Defense entities for these children.

Full Legal Text

Title 20, §927

Education — Source: USLM XML via OLRC

(a)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)Any regulation under subsection (a) 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)(1)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)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 636 of the Individuals with Disabilities Education Act [20 U.S.C. 1436] and to comply with the procedural safeguards set forth in part C of such Act [20 U.S.C. 1431 et seq.] shall apply with respect to all eligible dependents overseas.
(3)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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. Parts B and C of the Act are classified generally to subchapters II (§ 1411 et seq.) and III (§ 1431 et seq.), respectively, of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Amendments

2004—Subsec. (c)(2). Pub. L. 108–446 substituted “section 636” for “section 677” and “part C” for “part H”. 1999—Subsec. (b). Pub. L. 106–65, § 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, § 354(3)(B), struck out “by academic year 1993–1994” after “public education”. Subsec. (c)(3). Pub. L. 106–65, § 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1991 Amendment Pub. L. 102–119, § 27, Oct. 7, 1991, 105 Stat. 608, provided that: “(a) section 8, 9, and 10.—The

Amendments

made by section 8, 9, and 10 [amending section 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) section 5, 12, 13, 14, 15, 17, and 18.—The

Amendments

made by section 5, 12, 13, 14, 15, 17, and 18 [amending section 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, section 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, section 2503 and 2504 of Title 25, Indians, section 721, [former] 774, 777a, 795m, and 796d of Title 29, Labor, and section 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 section 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].”

Reference

Citations & Metadata

Citation

20 U.S.C. § 927

Title 20 — Education

Last Updated

Apr 6, 2026

Release point: 119-73