Contents
- 921 Defense dependents’ education system5 changes
- 922 Administration of defense dependents’ education system10 changes
- 923 Space-available enrollment of students; tuition5 changes
- 923a Enrollment of certain additional children on tuition-free basis9 changes
- 924 Annual educational assessment
- 925 Budget request for school construction funds for Director of Dependents’ Education
- 926 School system for dependents in overseas areas8 changes
- 927 Allotment formula5 changes
- 928 School advisory committees4 changes
- 929 Repealed. Pub. L. 114–328, div. A, title V, § 576, Dec. 23, 2016, 130 Stat. 2143
- 930 Study of defense dependents’ education system5 changes
- 931 Regulations; issuance and contents
- 932 Definitions3 changes
Chapter 25A · Overseas defense dependents’ education
921Defense dependents’ education system#
(a)The Secretary of Defense shall establish and operate a program (hereinafter in this chapter referred to as the “defense dependents’ education system”) to provide a free public education through secondary school for dependents in overseas areas.
(b)
(1)The Secretary shall ensure that individuals eligible to receive a free public education under subsection (a) receive an education of high quality.
(2)In establishing the defense dependents’ education system under subsection (a), the Secretary shall provide programs designed to meet the special needs of—
(A)the handicapped,
(B)individuals in need of compensatory education,
(C)individuals with an interest in vocational education,
(D)gifted and talented individuals, and
(E)individuals of limited English-speaking ability.
(3)The Secretary shall provide a developmental preschool program to individuals eligible to receive a free public education under subsection (a) who are of preschool age if a preschool program is not otherwise available for such individuals and if funds for such a program are available.
(c)The Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents’ education system.
(d)
(1)The Secretary of Defense may provide optional summer school programs in the defense dependents’ education system.
(2)The Secretary shall provide any summer school program under this subsection on the same financial basis as programs offered during the regular school year, except that the Secretary may charge reasonable fees for all or portions of such summer school programs to the extent that the Secretary determines appropriate.
(3)The amounts received by the Secretary in payment of the fees shall be available to the Department of Defense for defraying the costs of conducting summer school programs under this subsection.
(e)In addition to carrying out the requirement under section 1769b of title 42 to administer lunch programs in certain dependents’ schools, the Secretary of Defense may administer a school breakfast program for students attending a school of the defense dependents’ education system.
922Administration of defense dependents’ education system#
(a)The defense dependents’ education system is operated through the field activity of the Department of Defense known as the Department of Defense Education Activity. That activity is headed by a Director, who is a civilian and is selected by the Secretary of Defense. The Director reports to an Assistant Secretary of Defense designated by the Secretary of Defense for purposes of this chapter.
(b)Except with respect to the authority to prescribe regulations, the Secretary of Defense may carry out his functions under this chapter through the Director.
(c)The Director shall—
(1)establish personnel policies, consistent with the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 et seq.), for employees in the defense dependents’ education system,
(2)have authority to transfer professional employees in the defense dependents’ education system from one position to another,
(3)prepare a unified budget for each fiscal year, which shall include necessary funds for construction and operation and maintenance of facilities, for the defense dependents’ education system for inclusion in the Department of Defense budget for that year,
(4)have authority to establish, in accordance with section 928 of this title, local school advisory committees,
(5)have authority to arrange for inservice and other training programs for employees in the defense dependents’ education system, and
(6)perform such other functions as may be required or delegated by the Secretary of Defense or the Assistant Secretary of Defense designated under subsection (a).
(d)
(1)The Director shall establish appropriate regional or area offices in order to provide for thorough and efficient administration of the defense dependents’ education system.
(2)Whenever the Department of Defense Education Activity is reorganized in a manner that affects the defense dependents’ education system, the Secretary of Defense shall submit a report to the Congress describing the reorganization.
(3)Subject to the approval of the Secretary of Defense, the Department of Defense Education Activity is authorized an appropriate number of civilian employees in its central office and such regional or area office as are established pursuant to paragraph (1).
923Space-available enrollment of students; tuition#
(a)Subject to subsection (b) and in accordance with regulations issued under subsection (c), the Director may authorize the enrollment in a school of the defense dependents’ education system of a child not otherwise eligible to enroll in such a school if and to the extent that there is space available for such child in the school.
(b)
(1)Except as otherwise provided under subsection (c), any child permitted to enroll in a school of the defense dependents’ education system under this section shall be required to pay tuition at a rate determined by the Secretary of Defense, which shall not be less than the rate necessary to defray the average cost of the enrollment of children in the system under this section.
(2)Amounts received under paragraph (1) shall be available to the defense dependents’ education system to assist in defraying the cost of enrollment of children in the system under this section.
(c)
(1)The Secretary of Defense may by regulation identify classes of children who shall be eligible to enroll in schools of the defense dependents’ education system under this section if and to the extent that there is space available, establish priorities among such classes, waive the tuition requirement of subsection (b)(1) with respect to any such class, and issue such other regulations as may be necessary to carry out this section.
(2)
(A)The Secretary shall include in the regulations prescribed under this subsection a requirement that children in the class of children described in subparagraph (B) shall be subject to the same tuition requirements, or waiver of tuition requirements, as children in the class of children described in subparagraph (C).
(B)The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who—
(i)are on active duty under an order to active duty under section 12301 or 12302 of title 10;
(ii)were ordered to active duty from a location in the United States (other than in Alaska or Hawaii); and
(iii)are serving on active duty outside the United States or in Alaska or Hawaii.
(C)The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who—
(i)are on active duty under an order to active duty under section 12301 or 12302 of title 10;
(ii)were ordered to active duty from a location outside the United States (or in Alaska or Hawaii); and
(iii)are serving on active duty outside the United States or in Alaska or Hawaii.
(d)
(1)The Secretary of Defense may authorize the enrollment in schools of the defense dependents’ education system of children in the following classes:
(A)Children of officers and employees of the United States (other than civilian officers and employees who are sponsors under section 932(2) of this title) stationed in overseas areas.
(B)Children of employees of contractors employed in carrying out work for the United States in overseas areas.
(C)Children of other citizens or nationals of the United States or of foreign nationals, if the Secretary determines that enrollment of such children is in the national interest.
(D)Children of employees of the American Red Cross who—
(i)are performing, on a full-time basis, services for the Armed Forces, including emergency services; and
(ii)reside in an overseas area supported by a school of the defense dependents’ education system.
(2)Notwithstanding subsection (c), the Secretary may not waive the tuition requirements of subsection (b)(1) with respect to children referred to in paragraph (1).
923aEnrollment of certain additional children on tuition-free basis#
(a)Under regulations to be prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in schools of the defense dependents’ education system on a tuition-free basis of—
(1)the children of full-time, locally-hired employees of the Department of Defense in an overseas area if such employees are citizens or nationals of the United States; and
(2)the children of foreign military members assigned to—
(A)the Supreme Headquarters Allied Powers, Europe, but only in a school of the defense dependents’ education system in Mons, Belgium; or
(B)the United Nations Command, but only in a school of the defense dependents’ education system in South Korea or Japan.
(b)The Secretary may use funds available for the defense dependents’ education system to provide for the education of children enrolled in the defense dependents’ education system under subsection (a).
(c)
(1)In the regulations required by subsection (a), the Secretary shall prescribe a methodology based on the estimated total number of dependents of sponsors under section 932(2) of this title enrolled in schools of the defense dependents’ education system described in paragraph (2) of subsection (a) to determine the number of children described in that paragraph who will be authorized to enroll under such subsection. The Secretary shall prescribe such methodology with the advice and assistance of the commanders of the geographic combatant commands with jurisdiction over the locations described in paragraph (2) of subsection (a).
(2)If the number of children described in paragraph (2) of subsection (a) who seek enrollment in schools of the defense dependents’ education system exceeds the number authorized by the Secretary under paragraph (1), the Secretary may enroll the additional children on a space-available, tuition-free basis notwithstanding section 923(d)(2) of this title.
924Annual educational assessment#
(a)The Director shall assess each year the performance of the defense dependents’ education system in providing an education of high quality to children enrolled in the system. Such assessment may include the use of educational assessment measures and such other means as the Director determines to be suitable for assessing student performance.
(b)The results of each annual assessment under subsection (a) with respect to an individual enrolled in the defense dependents’ education system shall be made available to the sponsor of such individual, and summary results of each such annual assessment shall be made available to Members of Congress and to professional employees in the system.
925Budget request for school construction funds for Director of Dependents’ Education#
The President shall include in his budget for each fiscal year a separate request for funds for construction of school facilities by the Director.
926School system for dependents in overseas areas#
(a)The Secretary of Defense shall establish and operate a school system for dependents in overseas areas as part of the defense dependents’ education system.
(b)
(1)Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary may provide tuition to allow dependents in an overseas area where a school operated by the Secretary is not reasonably available to attend schools other than schools established under subsection (a) on a tuition-free basis. Schools to which tuition may be paid under this subsection may include private boarding schools in the United States. Any school to which tuition is paid under this subsection to allow a dependent in an overseas area to attend such school shall provide an educational program satisfactory to the Secretary.
(2)
(A)The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service of the Navy, may provide financial assistance to sponsors of dependents in overseas areas where schools operated by the Secretary of Defense under subsection (a) are not reasonably available in order to assist the sponsors to defray the costs incurred by the sponsors for the attendance of the dependents at schools in such areas other than schools operated by the Secretary of Defense.
(B)The Secretary of Defense and the Secretary of Homeland Security shall each prescribe regulations relating to the availability of financial assistance under subparagraph (A). Such regulations shall, to the maximum extent practicable, be consistent with Department of State regulations relating to the availability of financial assistance for the education of dependents of Department of State personnel overseas.
(c)
(1)A member of the Armed Forces serving on active duty on September 30, 1990, who is involuntarily separated during the period beginning on October 1, 1990, and ending on December 31, 2001, and who has a dependent described in paragraph (2) who is enrolled in a school of the defense dependents’ education system (or a school for which tuition is provided under subsection (b)) on the date of that separation shall be eligible to enroll or continue the enrollment of that dependent at that school (or another school serving the same community) for the final year of secondary education of that dependent in the same manner as if the member were still on active duty.
(d)
(1)A dependent who is educated in a home school setting, but who is eligible to enroll in a school of the defense dependents’ education system, shall be permitted to use or receive auxiliary services of that school without being required to either enroll in that school or register for a minimum number of courses offered by that school. The dependent may be required to satisfy other eligibility requirements and comply with standards of conduct applicable to students actually enrolled in that school who use or receive the same auxiliary services.
(2)For purposes of paragraph (1), the term “auxiliary services” includes use of academic resources, access to the library of the school, after hours use of school facilities, and participation in music, sports, and other extracurricular and interscholastic activities.
927Allotment formula#
(a)The Director shall by regulation establish a formula for determining the minimum allotment of funds necessary for the operation of each school in the defense dependents’ education system. In establishing such formula, the Director shall take into consideration—
(1)the number of students served by a school and the size of the school;
(2)special cost factors for a school, including—
(A)geographic isolation of the school,
(B)a need for special staffing, transportation, or educational programs at the school, and
(C)unusual food and housing costs,
(3)the cost of providing academic services of a high quality as required by section 921(b)(1) of this title; and
(4)such other factors as the Director considers appropriate.
(b)Any regulation under subsection (a) shall be issued, and shall become effective, in accordance with the procedures applicable to regulations required to be issued by the Secretary of Education in accordance with section 1232 of this title.
(c)
(1)Notwithstanding the provisions of section 921(b)(3) of this title, the provisions of part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.], other than the funding and reporting provisions, shall apply to all schools operated by the Department of Defense under this chapter, including the requirement that children with disabilities, aged 3 to 5, inclusive, receive a free appropriate public education.
(2)The responsibility to provide comparable early intervention services to infants and toddlers with disabilities and their families in accordance with individualized family service plans described in section 636 of the Individuals with Disabilities Education Act [20 U.S.C. 1436] and to comply with the procedural safeguards set forth in part C of such Act [20 U.S.C. 1431 et seq.] shall apply with respect to all eligible dependents overseas.
(3)In carrying out paragraph (2), the Secretary shall have in effect a comprehensive, coordinated, multidisciplinary program of early intervention services for infants and toddlers with disabilities among Department of Defense entities involved in the provision of such services to such individuals.
928School advisory committees#
(a)
(1)The Director shall provide for the establishment of an advisory committee for each school in the defense dependents’ education system. An advisory committee for a school shall advise the principal or superintendent of the school with respect to the operation of the school, may make recommendations with respect to curriculum and budget matters, and, except as provided under paragraph (2), shall advise the local military commander with respect to problems concerning dependents’ education within the jurisdiction of the commander. The membership of each such advisory committee shall include an equal number of parents of students enrolled in the school and of employees working at the school and, when appropriate, may include a student enrolled in the school. The membership of each such advisory committee shall also include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the employees working at the school.
(2)In the case of any military installation or overseas area where there is more than one school in the defense dependents’ education system, the Director shall provide for the establishment of an advisory committee for such military installation or overseas area to advise the local military commander with respect to problems concerning dependents’ education within the jurisdiction of the commander.
(b)Except in the case of a nonvoting member designated under the last sentence of subsection (a)(1), members of a school advisory committee established under this section shall be elected by individuals of voting age residing in the area to be served by the advisory committee. The Secretary of Defense shall by regulation prescribe the qualifications for election to an advisory committee and procedures for conducting elections of advisory committee members.
(c)Members of school advisory committees established under this section shall serve without pay.
930Study of defense dependents’ education system#
(a)
(1)The Director may from time to time, but not more frequently than once a year, provide for a comprehensive study of the entire defense dependents’ education system. Any such study shall include a detailed analysis of the education programs and the facilities of the system.
(2)Any study under paragraph (1) shall be conducted by a contractor selected by the Director after an open competition. After conducting such study, the contractor shall submit a report to the Director describing the results of the study and giving its assessment of the defense dependents’ education system.
(b)In designing the specifications for any study to be conducted pursuant to subsection (a)(1), and in selecting a contractor to conduct such study under subsection (a)(2), the Director shall consult with the Advisory Council on Dependents’ Education established under section 929 1 of this title.
(c)The Director shall submit to the Congress any report submitted to him under subsection (a)(2) describing the results of a study carried out pursuant to subsection (a)(1), together with the recommendations, if any, of the contractor for legislation or any increase in funding needed to improve the defense dependents’ education system. Notwithstanding any law, rule, or regulation to the contrary, such report shall not be submitted to any review before its transmittal to the Congress, but the Secretary of Defense shall, at the time of the transmittal of such report, submit to the Congress such recommendations as he may have with respect to legislation or any increase in funding needed to improve the defense dependents’ education system.
931Regulations; issuance and contents#
The Secretary of Defense shall issue regulations to carry out this chapter. Such regulations shall—
(1)prescribe the educational goals and objectives of the defense dependents’ education system,
(2)establish standards for the development of curricula for the system and for the selection of instructional materials,
(3)prescribe professional standards for professional personnel employed in the system,
(4)provide for arrangements between the Director and commanders of military installations for necessary logistic support for schools of the system located on military installations,
(5)provide for a recertification program for professional personnel employed in the system, and
(6)provide for such other matters as may be necessary to ensure the efficient organization and operation of the defense dependents’ education system.
932Definitions#
For purposes of this chapter:
(1)The term “dependent” means a minor individual—
(A)who has not completed secondary schooling, and
(2)The term “sponsor” means a person—
(A)who is—
(i)a member of the Armed Forces serving on active duty, or
(ii)a full-time civilian officer or employee of the Department of Defense and a citizen or national of the United States; and
(B)who is authorized to transport dependents to or from an overseas area at Government expense and is provided an allowance for living quarters in that area.
(3)The term “overseas area” means any area situated outside the United States.
(4)The term “United States”, when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (excluding the Trust Territory of the Pacific Islands and Midway Island).
(5)The term “involuntarily separated” has the meaning given that term in section 1141 of title 10.
United States Government work; public domain under 17 U.S.C. § 105.