[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 276 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 276

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2011

 Mr. Fortenberry (for himself, Mrs. McMorris Rodgers, and Mr. Kissell) 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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 by adding at the end the following new subsection:
    ``(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.
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