H.R. 6513

To amend title 38, United States Code, to allow for the transfer of educational assistance under the Post-9/11 Educational Assistance Program to certain dependents to be used for special education.

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I

111th CONGRESS

2d Session

H. R. 6513

IN THE HOUSE OF REPRESENTATIVES

December 9, 2010

Mr. Fortenberry introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to allow for the transfer of educational assistance under the Post-9/11 Educational Assistance Program to certain dependents to be used for special education.

1.

Use of transferred Post-9/11 Educational Assistance Program benefits for special education

(a)

In general

Section 3319 of title 38, United States Code, is amended—

(1)

by redesignating subsection (k) as subsection (l); and

(2)

by inserting after subsection (j) the following new subsection (k):

(k)

Use of transferred educational assistance for special education

(1)

In accordance with paragraph (5), a dependent described in paragraph (2) to whom entitlement to educational assistance is transferred under this section may use such assistance for special education described in paragraph (3), regardless of whether such dependent has completed the requirements of a secondary school diploma (or equivalency certificate).

(2)

A dependent described in this paragraph is a dependent whom the Secretary of Defense determines—

(A)

is a student with an intellectual disability (as defined in section 760(2) of the Higher Education Act of 1965 (20 U.S.C. 1140(2))); or

(B)

has a developmental disability (as defined in section 102(8) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002(8))).

(3)

Special education described in this paragraph includes the following, regardless of whether the instruction, program, or course is an approved program of education for purposes of section 3313(b) of this title:

(A)

Instruction described in section 602(29) of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

(B)

Model comprehensive transition and postsecondary programs under section 767 of the Higher Education Act of 1965 (20 U.S.C. 1140g).

(C)

Educational summer camp programs.

(D)

Life skills courses.

(E)

Programs with respect to training related to assistive technologies.

(F)

College preparatory courses or other programs related to transitioning after secondary education (or the equivalent).

(G)

Programs regarding communication skills training, including training involving augmentative communication devices and other assistive technology.

(H)

Functional skills training courses.

(I)

Service learning programs.

(J)

Work study programs.

(K)

Vocational education programs.

(4)

The Secretary of Defense shall prescribe regulations to determine whether any dependents described in paragraph (2) who use educational assistance under this subsection for special education described in paragraph (3) shall be required to enroll in the exceptional family member program of the Department of Defense.

(5)

In the case of educational assistance used under this subsection for special education described in paragraph (3), the Secretary concerned shall not pay the monthly stipend described in section 3313(c)(1)(B) of this title if the Secretary determines that the stipend is not relevant for such special education.

(6)

Any educational assistance provided to a dependent under this subsection for special education described in paragraph (3)—

(A)

is in addition to any other educational assistance benefits provided to the dependent by the Federal Government (other than under this chapter); and

(B)

may not be included in calculating income for purposes of determining whether such dependent is eligible for any other educational assistance benefits provided by the Federal Government.

.

(b)

Conforming amendments

Such section is further amended—

(1)

in subsection (g)(2), by striking in the case of and inserting except as provided in subsection (k), in the case of; and

(2)

in subsection (h)—

(A)

in paragraph (2), by inserting and subsection (k) after (e)(2); and

(B)

in paragraph (6), by striking the period at the end and inserting the following: and, in the case of a dependent described in subsection (k)(2), the pursuit of special education described in subsection (k)(3)..

(c)

Effective date

The amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.