PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3273
(e) FINDING FOR FISCAL YEAR 2006.—Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities— (1) $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a); and (2) $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b). (f) DEFINITIONS.—In this section: (1) The term ‘‘base closure process’’ means the 2005 base closure and realignment process authorized by Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) or any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date. (2) The term ‘‘local educational agency’’ has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). (3) The term ‘‘military dependent students’’ refers to— (A) elementary and secondary school students who are dependents of members of the Armed Forces; and (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense. (4) The term ‘‘State’’ means each of the 50 States and the District of Columbia. (g) REPEAL OF FORMER AUTHORITY.—Section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102– 484; 20 U.S.C. 7703 note) is repealed. SEC. 573. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). SEC. 574. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF MEMBER.
(a) SPECIAL RULE.—For purposes of computing the amount of a payment for an eligible local educational agency under subsection (a) of section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for school year 2005–2006, the Secretary of Education shall continue to count as a child enrolled in a school of such agency under such subsection any child who— (1) would be counted under paragraph (1)(B) of such subsection to determine the number of children who were in average daily attendance in the school; but (2) due to the deployment of both parents or legal guardians of the child, the deployment of a parent or legal guardian having sole custody of the child, or the death of a military parent or legal guardian while on active duty (so long as the child resides on Federal property (as defined in section 8013(5) of such Act (20 U.S.C. 7713(5))), is not eligible to be so counted.
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