1.Use of transferred Post-9/11
Educational Assistance Program benefits for special education
(a)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)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)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.