I 

111TH CONGRESS 

2D SESSION 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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. USE OF TRANSFERRED POST-9/11 EDU4 CATIONAL ASSISTANCE PROGRAM BENEFITS 

5 FOR SPECIAL EDUCATION. 

6 (a) IN GENERAL.—Section 3319 of title 38, United 

7 States Code, is amended— 

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1 (1) by redesignating subsection (k) as sub2 section (l); and 

3 (2) by inserting after subsection (j) the fol4 lowing new subsection (k): 

5 ‘‘(k) USE OF TRANSFERRED EDUCATIONAL ASSIST6 ANCE FOR SPECIAL EDUCATION.—(1) In accordance with 

7 paragraph (5), a dependent described in paragraph (2) to 

8 whom entitlement to educational assistance is transferred 

9 under this section may use such assistance for special edu10 cation described in paragraph (3), regardless of whether 

11 such dependent has completed the requirements of a sec12 ondary school diploma (or equivalency certificate). 

13 ‘‘(2) A dependent described in this paragraph is a 

14 dependent whom the Secretary of Defense determines— 

15 ‘‘(A) is a student with an intellectual disability 

16 (as defined in section 760(2) of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1140(2))); or 

18 ‘‘(B) has a developmental disability (as defined 

19 in section 102(8) of the Developmental Disabilities 

20 Assistance and Bill of Rights Act of 2000 (42 

21 U.S.C. 15002(8))). 

22 ‘‘(3) Special education described in this paragraph in23 cludes the following, regardless of whether the instruction, 

24 program, or course is an approved program of education 

25 for purposes of section 3313(b) of this title: 

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1 ‘‘(A) Instruction described in section 602(29) of 

2 the Individuals with Disabilities Education Act (20 

3 U.S.C. 1401). 

4 ‘‘(B) Model comprehensive transition and post5 secondary programs under section 767 of the Higher 

6 Education Act of 1965 (20 U.S.C. 1140g). 

7 ‘‘(C) Educational summer camp programs. 

8 ‘‘(D) Life skills courses. 

9 ‘‘(E) Programs with respect to training related 

10 to assistive technologies. 

11 ‘‘(F) College preparatory courses or other pro12 grams related to transitioning after secondary edu13 cation (or the equivalent). 

14 ‘‘(G) Programs regarding communication skills 

15 training, including training involving augmentative 

16 communication devices and other assistive tech17 nology. 

18 ‘‘(H) Functional skills training courses. 

19 ‘‘(I) Service learning programs. 

20 ‘‘(J) Work study programs. 

21 ‘‘(K) Vocational education programs. 

22 ‘‘(4) The Secretary of Defense shall prescribe regula23 tions to determine whether any dependents described in 

24 paragraph (2) who use educational assistance under this 

25 subsection for special education described in paragraph 

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1 (3) shall be required to enroll in the exceptional family 

2 member program of the Department of Defense. 

3 ‘‘(5) In the case of educational assistance used under 

4 this subsection for special education described in para5 graph (3), the Secretary concerned shall not pay the 

6 monthly stipend described in section 3313(c)(1)(B) of this 

7 title if the Secretary determines that the stipend is not 

8 relevant for such special education. 

9 ‘‘(6) Any educational assistance provided to a de10 pendent under this subsection for special education de11 scribed in paragraph (3)— 

12 ‘‘(A) is in addition to any other educational as13 sistance benefits provided to the dependent by the 

14 Federal Government (other than under this chap15 ter); and 

16 ‘‘(B) may not be included in calculating income 

17 for purposes of determining whether such dependent 

18 is eligible for any other educational assistance bene19 fits provided by the Federal Government.’’. 

20 (b) CONFORMING AMENDMENTS.—Such section is 

21 further amended— 

22 (1) in subsection (g)(2), by striking ‘‘in the 

23 case of’’ and inserting ‘‘except as provided in sub24 section (k), in the case of’’; and 

25 (2) in subsection (h)— 

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1 (A) in paragraph (2), by inserting ‘‘and 

2 subsection (k)’’ after ‘‘(e)(2)’’; and 

3 (B) in paragraph (6), by striking the pe4 riod at the end and inserting the following: 

5 ‘‘and, in the case of a dependent described in 

6 subsection (k)(2), the pursuit of special edu7 cation described in subsection (k)(3).’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this Act shall take effect on the date that is 180 days 

10 after the date of the enactment of this Act. 

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