I 
★
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 cer-
tain 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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 
1. 
USE 
OF 
TRANSFERRED 
POST-9/11 
EDU-
CATIONAL 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 fol-
lowing new subsection: 
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‘‘(k) USE OF TRANSFERRED EDUCATIONAL ASSIST-
ANCE 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 edu-
cation described in paragraph (3), regardless of whether 
such dependent has completed the requirements of a sec-
ondary 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 Edu-
cation 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 in-
cludes 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). 
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‘‘(B) Model comprehensive transition and post-
secondary 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 pro-
grams related to transitioning after secondary edu-
cation (or the equivalent). 
‘‘(G) Programs regarding communication skills 
training, including training involving augmentative 
communication devices and other assistive tech-
nology. 
‘‘(H) Functional skills training courses. 
‘‘(I) Service learning programs. 
‘‘(J) Work study programs. 
‘‘(K) Vocational education programs. 
‘‘(4) The Secretary of Defense shall prescribe regula-
tions 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. 
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‘‘(5) In the case of educational assistance used under 
this subsection for special education described in para-
graph (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 de-
pendent under this subsection for special education de-
scribed in paragraph (3)— 
‘‘(A) is in addition to any other educational as-
sistance benefits provided to the dependent by the 
Federal Government (other than under this chap-
ter); and 
‘‘(B) may not be included in calculating income 
for purposes of determining whether such dependent 
is eligible for any other educational assistance bene-
fits 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 sub-
section (k), in the case of’’; and 
(2) in subsection (h)— 
(A) in paragraph (2), by inserting ‘‘and 
subsection (k)’’ after ‘‘(e)(2)’’; and 
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(B) in paragraph (6), by striking the pe-
riod at the end and inserting the following: 
‘‘and, in the case of a dependent described in 
subsection (k)(2), the pursuit of special edu-
cation 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. 
Æ 
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