---
kind: "section"
citation: "20 U.S.C. § 7703a"
title: "20"
title_heading: "Education"
number: "7703a"
heading: "Impact aid for children with severe disabilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7703a"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VII — Impact Aid"
---

# §7703a. Impact aid for children with severe disabilities

- (a) **Payments—** Subject to [subsection (f)](#f), the [Secretary](/usc/20/7801.md?p=46) of Defense shall make a payment for fiscal years after fiscal year 2001, to each [local educational agency](/usc/20/7713.md?p=9-A) eligible to receive a payment for a [child](/usc/20/7801.md?p=3) described in subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of [section 7703(a)(1)](/usc/20/7703.md?p=a-1)[^1] of this title that serves two or more such children with severe disabilities, for costs incurred in providing a free appropriate public education to each such [child](/usc/20/7801.md?p=3).
- (b) **Payment amount—** The amount of the payment under [subsection (a)](#a) to a [local educational agency](/usc/20/7713.md?p=9-A) for a fiscal year for each [child](/usc/20/7801.md?p=3) referred to in such subsection with a severe disability shall be—
  - (1) the payment made on behalf of the [child](/usc/20/7801.md?p=3) with a severe disability that is in excess of the average per pupil expenditure in the [State](/usc/20/7171.md?p=b-6) in which the [local educational agency](/usc/20/7713.md?p=9-A) is located; less
  - (2) the sum of the funds received by the [local educational agency](/usc/20/7713.md?p=9-A)—
    - (A) from the [State](/usc/20/7171.md?p=b-6) in which the [child](/usc/20/7801.md?p=3) resides to defray the educational and related services for such [child](/usc/20/7801.md?p=3);
    - (B) under the Individuals with Disabilities Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.) to defray the educational and related services for such [child](/usc/20/7801.md?p=3); and
    - (C) from any other source to defray the costs of providing educational and related services to the [child](/usc/20/7801.md?p=3) which are received due to the presence of a severe disabling condition of such [child](/usc/20/7801.md?p=3).
- (c) **Exclusions—** No payment shall be made under [subsection (a)](#a) on behalf of a [child](/usc/20/7801.md?p=3) with a severe disability whose individual cost of educational and related services does not exceed—
  - (1) five times the national or [State](/usc/20/7171.md?p=b-6) average per pupil expenditure (whichever is lower), for a [child](/usc/20/7801.md?p=3) who is provided educational and related services under a program that is located outside the boundaries of the school district of the [local educational agency](/usc/20/7713.md?p=9-A) that pays for the free appropriate public education of the student; or
  - (2) three times the [State](/usc/20/7171.md?p=b-6) average per pupil expenditure, for a [child](/usc/20/7801.md?p=3) who is provided educational and related services under a program offered by the [local educational agency](/usc/20/7713.md?p=9-A), or within the boundaries of the school district served by the [local educational agency](/usc/20/7713.md?p=9-A).
- (d) **Ratable reduction—** If the amount available for a fiscal year for payments under [subsection (a)](#a) is insufficient to pay the full amount all [local educational agencies](/usc/20/7713.md?p=9-A) are eligible to receive under such subsection, the [Secretary](/usc/20/7801.md?p=46) of Defense shall ratably reduce the amounts of the payments made under such subsection to all [local educational agencies](/usc/20/7713.md?p=9-A) by an equal percentage.
- (e) **Report—** Each [local educational agency](/usc/20/7713.md?p=9-A) desiring a payment under [subsection (a)](#a) shall report to the [Secretary](/usc/20/7801.md?p=46) of Defense—
  - (1) the number of severely disabled children for which a payment may be made under this section; and
  - (2) a breakdown of the average cost, by placement (inside or outside the boundaries of the school district of the [local educational agency](/usc/20/7713.md?p=9-A)), of providing education and related services to such children.
- (f) **Payments subject to appropriation—** Payments shall be made for any period in a fiscal year under this section only to the extent that funds are appropriated specifically for making such payments for that fiscal year.
- (g) **Local educational agency defined—** In this section, the term “[local educational agency](/usc/20/7713.md?p=9-A)” has the meaning given that term in [section 7713 of this title](/usc/20/7713.md).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 106–398, § 1 [[div. A], title III, § 363], Oct. 30, 2000, 114 Stat. 1654, 1654A–77; Pub. L. 114–95, title IX, § 9215(kk), Dec. 10, 2015, 129 Stat. 2175.)

## Notes

### Editorial Notes

### References in Text

Section 7703(a)(1) of this title, referred to in subsec. (a), was in the original “section 7003(a)(1)” and was translated as meaning section 7003(a)(1) of the Elementary and Secondary Education Act of 1965, which is classified to section 7703(a)(1) of this title, to reflect the probable intent of Congress.

The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

### Codification

Section was enacted as part of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter.

### Amendments

2015—Subsec. (a). Pub. L. 114–95, § 9215(kk)(1), substituted “subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7703(a)(1) of this title” for “subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section 7703(a)(1) of this title”.

Subsec. (g). Pub. L. 114–95, § 9215(kk)(2), substituted “section 7713 of this title.” for “section 7713(9) of this title.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.