20 U.S.C. § 7701 — Purpose

Page 1572 TITLE 20—EDUCATION § 7701 general amendment of former subchapter VII of this chapter by Pub. L. 107–110. Prior sections 7547 to 7602 were omitted in the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. Section 7547, Pub. L. 89–10, title VII, § 7307, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3743, related to uses of funds. Section 7548, Pub. L. 89–10, title VII, § 7308, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to reports. Section 7549, Pub. L. 89–10, title VII, § 7309, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, authorized appropriations. Section 7571, Pub. L. 89–10, title VII, § 7401, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to release time. Section 7572, Pub. L. 89–10, title VII, § 7402, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to acquisition or development of education technology. Section 7573, Pub. L. 89–10, title VII, § 7403, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to notification of awards. Section 7574, Pub. L. 89–10, title VII, § 7404, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to continued eligibility for grants. Section 7575, Pub. L. 89–10, title VII, § 7405, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to coordination and reporting requirements. Section 7601, Pub. L. 89–10, title VII, § 7501, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3745; amended Pub. L. 105–244, title I, § 102(a)(6)(J), title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1619, 1828, defined terms. Section 7602, Pub. L. 89–10, title VII, § 7502, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3748, related to regulations and parental notification. AMENDMENTS 2015—Par. (1). Pub. L. 114–95, § 6004(e)(1), inserted ‘‘and includes the descendants of individuals so defined’’ be- fore period at end. Par. (2). Pub. L. 114–95, § 6004(e)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The term ‘Alaska Native organiza- tion’ means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and an- other organization that— ‘‘(A) has or commits to acquire expertise in the education of Alaska Natives; and ‘‘(B) has Alaska Natives in substantive and policy- making positions within the organization.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. SUBCHAPTER VII—IMPACT AID Editorial Notes CODIFICATION Pub. L. 114–95, title VII, § 7001(c), Dec. 10, 2015, 129 Stat. 2074, redesignated subchapter VIII (§ 7701 et seq.) of this chapter as this subchapter. Title VII of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, redesignated, and amended by other public laws. Title VII is shown, herein, as having been added as title VIII of Pub. L. 89–10 by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3749, without reference to earlier amendments be- cause of the extensive revision of the title’s provisions by Pub. L. 103–382. Title VIII of Pub. L. 89–10 was subse- quently redesignated title VII by Pub. L. 114–95, title VII, § 7001(c), Dec. 10, 2015, 129 Stat. 2074, and trans- ferred to this subchapter. See Codification note pre- ceding section 6301 of this title. PRIOR PROVISIONS A prior title VII of the Elementary and Secondary Education Act of 1965, comprising former subchapter VII (§ 7401 et seq.) of this chapter, was redesignated title VI of the Act by Pub. L. 114–95, title VI, § 6001(a), Dec. 10, 2015, 129 Stat. 2046, and transferred to sub- chapter VI (§ 7401 et seq.) of this chapter. § 7701. Purpose In order to fulfill the Federal responsibility to assist with the provision of educational services to federally connected children in a manner that promotes control by local educational agencies with little or no Federal or State involvement, because certain activities of the Federal Govern- ment, such as activities to fulfill the respon- sibilities of the Federal Government with re- spect to Indian tribes and activities under sec- tion 4001 of title 50, place a financial burden on the local educational agencies serving areas where such activities are carried out, and to help such children meet the same challenging State academic standards, it is the purpose of this subchapter to provide financial assistance to local educational agencies that— (1) experience a substantial and continuing financial burden due to the acquisition of real property by the United States; (2) educate children who reside on Federal property and whose parents are employed on Federal property; (3) educate children of parents who are in the military services and children who live in low-rent housing; (4) educate heavy concentrations of children whose parents are civilian employees of the Federal Government and do not reside on Fed- eral property; or (5) need special assistance with capital ex- penditures for construction activities because of the enrollments of substantial numbers of children who reside on Federal lands and be- cause of the difficulty of raising local revenue through bond referendums for capital projects due to the inability to tax Federal property. (Pub. L. 89–10, title VII, § 7001, formerly title VIII, § 8001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3749; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1802], Oct. 30, 2000, 114 Stat. 1654, 1654A–368; Pub. L. 108–189, § 2(f), Dec. 19, 2003, 117 Stat. 2866; renumbered title VII, § 7001, and amended Pub. L. 114–95, title VII, §§ 7001(c)(1), 7002, Dec. 10, 2015, 129 Stat. 2074, 2075.) Editorial Notes PRIOR PROVISIONS A prior section 7001 of Pub. L. 89–10 was classified to section 3281 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Pub. L. 114–95, § 7002, substituted ‘‘the same challenging State academic standards’’ for ‘‘chal- lenging State standards’’ in introductory provisions. Page 1573 TITLE 20—EDUCATION § 7702 2003—Pub. L. 108–189 substituted ‘‘section 4001 of title 50’’ for ‘‘section 514 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. App. 574)’’ in introductory provisions. 2000—Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1802(1)], inserted in introductory provisions ‘‘in a man- ner that promotes control by local educational agen- cies with little or no Federal or State involvement’’ after ‘‘educational services to federally connected chil- dren’’ and ‘‘, such as activities to fulfill the respon- sibilities of the Federal Government with respect to In- dian tribes and activities under section 514 of the Sol- diers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. App. 574),’’ after ‘‘certain activities of the Federal Gov- ernment’’. Par. (4). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1802(2)], inserted ‘‘or’’ at end. Pars. (5), (6). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1802(3)–(5)], redesignated par. (6) as (5), inserted ‘‘and because of the difficulty of raising local revenue through bond referendums for capital projects due to the inability to tax Federal property’’ before period at end, and struck out former par. (5) which read as fol- lows: ‘‘experience sudden and substantial increases or decreases in enrollments because of military realign- ments; or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1818], Oct. 30, 2000, 114 Stat. 1654, 1654A–389, provided that: ‘‘This title [amending this section and sections 1228, 7702, 7703, 7705, 7707, 7709 to 7713, and 7714 of this title, repeal- ing section 7706 of this title, and enacting provisions set out as notes under sections 6301, 7703, and 7711 of this title], and the amendments made by this title, shall take effect on October 1, 2000, or the date of the enactment of this Act [Oct. 30, 2000], whichever occurs later.’’ EFFECTIVE DATE Pub. L. 103–382, § 3(a)(1), Oct. 20, 1994, 108 Stat. 3518, provided that: ‘‘(A) Title I [amending generally Pub. L. 89–10 (for- merly chapter 47 of this title, now this chapter)] and the amendment made by title I of this Act shall take effect July 1, 1995, except that those provisions of title I that apply to programs under title VIII [now VII] (Im- pact Aid) of the Elementary and Secondary Education Act of 1965 [this subchapter], as amended by this Act, and to programs under such Act [this chapter] that are conducted on a competitive basis, shall be effective with respect to appropriations for use under such pro- grams for fiscal year 1995 and for subsequent fiscal years. ‘‘(B) Title VIII of the Elementary and Secondary Edu- cation Act of 1965 [this subchapter], as amended by title I of this Act, shall take effect on the date of the enactment of this Act [Oct. 20, 1994].’’ § 7702. Payments relating to Federal acquisition of real property (a) In general Where the Secretary, after consultation with any local educational agency and with the ap- propriate State educational agency, deter- mines— (1) that the United States owns Federal property in the local educational agency, and that such property— (A) has been acquired by the United States since 1938; (B) was not acquired by exchange for other Federal property in the local educational agency which the United States owned be- fore 1939; and (C) had an assessed value according to original records (including facsimiles or other reproductions of those records) docu- menting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials re- ferred to in subsection (b)(3) or, when such original records are not available due to un- intentional destruction (such as natural dis- aster, fire, flooding, pest infestation, or de- terioration due to age), other records, in- cluding Federal agency records, local histor- ical records, or other records that the Sec- retary determines to be appropriate and reli- able, aggregating 10 percent or more of the assessed value of— (i) all real property in the local edu- cational agency (similarly determined as of the time or times when such Federal property was so acquired); or (ii) all real property in the local edu- cational agency as assessed in the first year preceding or succeeding acquisition, whichever is greater, only if— (I) the assessment of all real property in the local educational agency is not made at the same time or times that such Federal property was so acquired and assessed; and (II) State law requires an assessment be made of property so acquired; and (2) that such agency is not being substan- tially compensated for the loss in revenue re- sulting from such ownership by increases in revenue accruing to the agency from the con- duct of Federal activities with respect to such Federal property, then such agency shall be eligible to receive the amount described in subsection (b) or (h). (b) Amount (1) In general (A)(i)(I) Subject to subclauses (II) and (III), the amount that a local educational agency shall be paid under subsection (a) for a fiscal year shall be calculated in accordance with paragraph (2). (II) Except as provided in subclause (III), the Secretary may not reduce the amount of a payment under this section to a local edu- cational agency for a fiscal year by (aa) the amount equal to the amount of revenue, if any, the agency received during the previous fiscal year from activities conducted on Fed- eral property eligible under this section and located in a school district served by the agen- cy, including amounts received from any Fed- eral department or agency (other than the De- partment of Education) from such activities, by reason of receipt of such revenue, or (bb) any other amount by reason of receipt of such revenue. (III) If the amount equal to the sum of (aa) the proposed payment under this section to a