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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. 

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 by adding at the end the fol8 lowing new subsection: 


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1 ‘‘(k) USE OF TRANSFERRED EDUCATIONAL ASSIST2 ANCE FOR SPECIAL EDUCATION.—(1) In accordance with 

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

4 whom entitlement to educational assistance is transferred 

5 under this section may use such assistance for special edu6 cation described in paragraph (3), regardless of whether 

7 such dependent has completed the requirements of a sec8 ondary school diploma (or equivalency certificate). 

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

10 dependent whom the Secretary of Defense determines— 

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

12 (as defined in section 760(2) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1140(2))); or 

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

15 in section 102(8) of the Developmental Disabilities 

16 Assistance and Bill of Rights Act of 2000 (42 

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

18 ‘‘(3) Special education described in this paragraph in19 cludes the following, regardless of whether the instruction, 

20 program, or course is an approved program of education 

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

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

23 the Individuals with Disabilities Education Act (20 

24 U.S.C. 1401). 


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1 ‘‘(B) Model comprehensive transition and post2 secondary programs under section 767 of the Higher 

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

4 ‘‘(C) Educational summer camp programs. 

5 ‘‘(D) Life skills courses. 

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

7 to assistive technologies. 

8 ‘‘(F) College preparatory courses or other pro9 grams related to transitioning after secondary edu10 cation (or the equivalent). 

11 ‘‘(G) Programs regarding communication skills 

12 training, including training involving augmentative 

13 communication devices and other assistive tech14 nology. 

15 ‘‘(H) Functional skills training courses. 

16 ‘‘(I) Service learning programs. 

17 ‘‘(J) Work study programs. 

18 ‘‘(K) Vocational education programs. 

19 ‘‘(4) The Secretary of Defense shall prescribe regula20 tions to determine whether any dependents described in 

21 paragraph (2) who use educational assistance under this 

22 subsection for special education described in paragraph 

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

24 member program of the Department of Defense. 


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

2 this subsection for special education described in para3 graph (3), the Secretary concerned shall not pay the 

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

5 title if the Secretary determines that the stipend is not 

6 relevant for such special education. 

7 ‘‘(6) Any educational assistance provided to a de8 pendent under this subsection for special education de9 scribed in paragraph (3)— 

10 ‘‘(A) is in addition to any other educational as11 sistance benefits provided to the dependent by the 

12 Federal Government (other than under this chap13 ter); and 

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

15 for purposes of determining whether such dependent 

16 is eligible for any other educational assistance bene17 fits provided by the Federal Government.’’. 

18 (b) CONFORMING AMENDMENTS.—Such section is 

19 further amended— 

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

21 case of’’ and inserting ‘‘except as provided in sub22 section (k), in the case of’’; and 

23 (2) in subsection (h)— 

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

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


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1 (B) in paragraph (6), by striking the pe2 riod at the end and inserting the following: 

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

4 subsection (k)(2), the pursuit of special edu5 cation described in subsection (k)(3).’’. 

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

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

8 after the date of the enactment of this Act. 

Æ 


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