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Title 20 — Education

Chapter 25A — Overseas Defense Dependents’ Education

§ 926. School system for dependents in overseas areas

Statutory text

(a)

Establishment and operation

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)

Tuition and assistance when schools unavailable

(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)

Continuation of enrollment for certain dependents of members of Armed Forces involuntarily separated

(1)

A member of the Armed Forces serving on active duty on , who is involuntarily separated during the period beginning on , and ending on , 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.

(2)

A dependent referred to in paragraph (1) is a dependent who on the date of the separation of the member has completed the eleventh grade and is likely to complete secondary education within the one-year period beginning on that date.

(d)

Auxiliary services available to home school students

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Defense Dependents’ Education Act of 1978

    Pub. L. 95–561 title XIV § 1407 · 92 Stat. 2143

    Enacted · 20 U.S.C. § 926

    Pub. L. 95–561, title XIV, § 1407, Nov. 1, 1978, 92 Stat. 2367

    Source evidence

    Code source credit
    Pub. L. 95–561, title XIV, § 1407, Nov. 1, 1978, 92 Stat. 2367

    Enacted provision · exact public law section
    Sec. 1407. school system for dependents in overseas areas (a) The Secretary of Defense shall establish and operate Establishment and operation. 20 USC 926. a school system for dependents in overseas areas as part of the defense dependents’ education system. (b) Under such circumstances as he may by regulation Tuition provision, regulations. prescribe, the Secretary of Defense 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. 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. (c) (1) (A) Chapter 7 of title 37, United States Code, relating to allowances authorized for members of the uniformed services, is amended by adding after section 428 the following new section: “§ 429. Travel and transportation allowances: minor dependent schooling “Under regulations to be Regulations. prescribed by the Secretary of Defense, a member of a uniformed service whose permanent station is outside the United States may be allowed transportation in kind for any minor dependent (or reimbursement therefor), or a monetary allowance in place of such transportation in kind, to a school operated by the Department of Defense under the Defense Dependents’ Education Act of 1978 for dependents in an overseas area which is operated, and which such dependent attends, on a 5-day-a-week dormitory basis or on a 7-day-a-week dormitory basis. In the case of a dependent attending a school on a 5-day-a-week dormitory basis, the transportation in kind or allowance authorized by this section shall be for weekly trips to and from such school, and in the case of a dependent attending a school on a 7-day-a-week dormitory basis, such transportation in kind or allowances shall be for not less than three trips to and from such school during the school year.”. (B) The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by adding after the item relating to section 428 the following new item: “429. Travel and transportation allowances: minor dependent schooling.”.

  2. National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title V § 504(a) · 104 Stat. 1485

    1. Added · 20 U.S.C. § 926(c)

      Pub. L. 101–510 added subsec. (c)

    2. Redesignated · 20 U.S.C. § 926(c)

      Pub. L. 101–510 redesignated former subsec. (c) as (d). See Codification note above

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d). See Codification note above.

    Enacted provision · exact public law section
    (a) Continuation of Enrollment.— Section 1407 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 926) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: “(c) Continuation of Enrollment for Certain Dependents of Members of the Armed Forces Involuntarily Separated.— (1) A member of the Armed Forces serving on active duty on September 30, 1990, who is involuntarily separated during the five-year period beginning on October 1, 1990, 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. “(2) A dependent referred to in paragraph (1) is a dependent who on the date of the separation of the member has completed the eleventh grade and is likely to complete secondary education within the one-year period beginning on that date.”.

  3. Pub. L. 103–160 div. A title V § 561(n) · 107 Stat. 1547

    Substituted · 20 U.S.C. § 926(c)(1)

    Pub. L. 103–160 substituted “nine-year period” for “five-year period”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.

    Enacted provision · exact public law section
    (n) Continued Enrollment of Dependents in Defense Dependents’ Education System.— Section 1407(c)(1) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 926(c)(1) is amended by striking out “five-year period” and inserting in lieu thereof “nine-year period”.

  4. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 657 · 112 Stat. 1920

    1. Inserted · 20 U.S.C. § 926(b)

      Pub. L. 105–261, § 657, inserted heading

    2. Amended · 20 U.S.C. § 926(b)

      Pub. L. 105–261, § 657, designated existing provisions as par. (1)

    3. Substituted · 20 U.S.C. § 926(b)

      Pub. L. 105–261, § 657, substituted “Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary” for “Under such circumstances as he may by regulation prescribe, the Secretary of Defense”

    4. Added · 20 U.S.C. § 926(b)

      Pub. L. 105–261, § 657, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–261, § 657, inserted heading, designated existing provisions as par. (1), substituted “Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary” for “Under such circumstances as he may by regulation prescribe, the Secretary of Defense”, and added par. (2).

  5. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 561(k) · 112 Stat. 1920

    Substituted · 20 U.S.C. § 926(c)(1)

    Pub. L. 105–261, § 561(k), substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 105–261, § 561(k), substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”.

  6. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 20 U.S.C. § 926(c)(1)

    Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  7. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title III § 353 · 115 Stat. 1012

    1. Added · 20 U.S.C. § 926(d)

      Pub. L. 107–107 added subsec. (d)

    2. Redesignated · 20 U.S.C. § 926(d)

      Pub. L. 107–107 redesignated former subsec. (d) as (e). See Codification note above

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–107 added subsec. (d) and redesignated former subsec. (d) as (e). See Codification note above.

    Enacted provision · exact public law section
    SEC. 353. AVAILABILITY OF AUXILIARY SERVICES OF DEFENSE DEPENDENTS’ EDUCATION SYSTEM FOR DEPENDENTS WHO ARE HOME SCHOOL STUDENTS. Section 1407 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 926) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: “(d) Auxiliary Services Available to Home School Students.— (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.”.

  8. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(e)(7) · 116 Stat. 2135

    Substituted · 20 U.S.C. § 926(b)(2)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places.

    Enacted provision · exact public law section
    (7) Section 1407(b)(2) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 926(b)) is amended by striking “of Transportation” both places it appears and inserting “of Homeland Security”.

    Effective date note
    Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

  9. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title V § 574 · 122 Stat. 3

    Inserted · 20 U.S.C. § 926(b)(1)

    Pub. L. 110–181 inserted after first sentence “Schools to which tuition may be paid under this subsection may include private boarding schools in the United States.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–181 inserted after first sentence “Schools to which tuition may be paid under this subsection may include private boarding schools in the United States.”

    Enacted provision · exact public law section
    SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR MILITARY DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY DEFENSE DEPENDENTS’ EDUCATION SYSTEM SCHOOLS.   Section 1407(b)(1) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 926(b)(1)) is amended by inserting after the first sentence the following new sentence: “Schools to which tuition may be paid under this subsection may include private boarding schools in the United States.”.

9 of 14 references resolved to an enrolled provision · 5 partial

Editorial Notes

Codification

Section is comprised of section 1407 of Pub. L. 95–561. Subsec. (e), formerly subsec. (c), of section 1407 enacted section 489 of Title 37, Pay and Allowances of the Uniformed Services.

Amendments1990–2008 · 7 rounds

2008

Subsec. (b)(1). Pub. L. 110–181 inserted after first sentence “Schools to which tuition may be paid under this subsection may include private boarding schools in the United States.”

2002

Subsec. (b)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places.

2001

Subsec. (d). Pub. L. 107–107 added subsec. (d) and redesignated former subsec. (d) as (e). See Codification note above.

2000

Subsec. (c)(1). Pub. L. 106–398 substituted “” for “”.

1998

Subsec. (b). Pub. L. 105–261, § 657, inserted heading, designated existing provisions as par. (1), substituted “Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary” for “Under such circumstances as he may by regulation prescribe, the Secretary of Defense”, and added par. (2).

Subsec. (c)(1). Pub. L. 105–261, § 561(k), substituted “during the period beginning on , and ending on ” for “during the nine-year period beginning on ”.

1993

Subsec. (c)(1). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.

1990

Subsec. (c). Pub. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d). See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Credits

1978–2008 · 8 acts
  1. 1978Pub. L. 95–561, title XIV, § 1407, , 92 Stat. 2367
  2. 1990Pub. L. 101–510, div. A, title V, § 504(a), , 104 Stat. 1559
  3. 1993Pub. L. 103–160, div. A, title V, § 561(n), , 107 Stat. 1668
  4. 1998Pub. L. 105–261, div. A, title V, § 561(k), title VI, § 657, , 112 Stat. 2026, 2054
  5. 2000Pub. L. 106–398, § 1 [[div. A], title V, § 571(k)], , 114 Stat. 1654, 1654A–135
  6. 2001Pub. L. 107–107, div. A, title III, § 353, , 115 Stat. 1063
  7. 2002Pub. L. 107–296, title XVII, § 1704(e)(7), , 116 Stat. 2315
  8. 2008Pub. L. 110–181, div. A, title V, § 574, , 122 Stat. 120.
Show as published

(Pub. L. 95–561, title XIV, § 1407, , 92 Stat. 2367; Pub. L. 101–510, div. A, title V, § 504(a), , 104 Stat. 1559; Pub. L. 103–160, div. A, title V, § 561(n), , 107 Stat. 1668; Pub. L. 105–261, div. A, title V, § 561(k), title VI, § 657, , 112 Stat. 2026, 2054; Pub. L. 106–398, § 1 [[div. A], title V, § 571(k)], , 114 Stat. 1654, 1654A–135; Pub. L. 107–107, div. A, title III, § 353, , 115 Stat. 1063; Pub. L. 107–296, title XVII, § 1704(e)(7), , 116 Stat. 2315; Pub. L. 110–181, div. A, title V, § 574, , 122 Stat. 120.)

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