10 U.S.C. § 2164 (ARMED FORCES)
§ 2164. Department of Defense domestic dependent elementary and secondary schools
(a) Authority of Secretary.—
(1) If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees.
(2) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to enroll in an educational program provided by the Secretary pursuant to this subsection. If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member’s orders, may be enrolled in an educational program provided by the Secretary under this subsection.
(3)
(A) Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation.
(B) Subparagraph (A) applies only if—
(i) the dependents reside in temporary housing (regardless of whether the temporary housing is on Federal property)—
(I) because of the unavailability of adequate permanent living quarters on the military installation to which the member is assigned; or
(II) while the member is wounded, ill, or injured; and
(ii) the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents.
(b) Factors for Secretary To Consider.—
(1) Factors to be considered by the Secretary of Defense in making a determination under subsection (a) shall include the following:
(A) The extent to which such dependents are eligible for free public education in the local area adjacent to the military installation.
(B) The extent to which the local educational agency is able to provide an appropriate educational program for such dependents.
(2) For purposes of paragraph (1)(B), an appropriate educational program is a program that, as determined by the Secretary, is comparable to a program of free public education provided for children by the following local educational agencies:
(A) In the case of a military installation located in a State (other than an installation referred to in subparagraph (B)), local educational agencies in the State that are similar to the local educational agency referred to in paragraph (1)(B).
(B) In the case of a military installation with boundaries contiguous to two or more States, local educational agencies in the contiguous States that are similar to the local educational agency referred to in paragraph (1)(B).
(C) In the case of a military installation located in a territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered appropriate for the purposes of paragraph (1)(B) only if the program is conducted in the English language.
(c) Eligibility of Dependents of Federal Employees.—
(1)
(A) A dependent of a Federal employee residing in permanent living quarters on a military installation at any time during the school year may enroll in an educational program provided by the Secretary of Defense pursuant to subsection (a) for dependents residing on such installation.
(B) A dependent of a United States Customs Service employee who resides in Puerto Rico, but not on a military installation, may enroll in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico in accordance with the same rules as apply to a dependent of a Federal employee residing in permanent living quarters on a military installation.
(2)
(A) Except as provided in subparagraphs (B) and (C), a dependent of a Federal employee who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) and who is not residing on a military installation may be enrolled in the program for not more than five consecutive school years.
(B) At the discretion of the Secretary, a dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the dependent is otherwise qualified for enrollment, space is available in the program, and the Secretary will be reimbursed for the educational services provided. Any such extension shall cover only one school year at a time.
(C) Subparagraph (A) shall not apply to an individual who is a dependent of a Federal employee in the excepted service (as defined in section 2103 of title 5) and who is enrolled in an educational program provided by the Secretary pursuant to subsection (a) in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands.
(D) Subparagraph (A) shall not apply to a dependent covered by paragraph (1)(B). No requirement under this paragraph for reimbursement for educational services provided for the dependent shall apply with respect to the dependent, except that the Secretary may require the United States Customs Service to reimburse the Secretary for the cost of the educational services provided for the dependent.
(d) School Advisory Committees.—
(1) The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall provide for the establishment of an advisory committee for each Department of Defense elementary or secondary school established at a military installation under this section.
(2) An advisory committee established under paragraph (1) for a school at a military installation—
(A) shall advise the principal or superintendent of the school with respect to the operation of the school;
(B) may make recommendations with respect to curriculum and budget matters; and
(C) except in the case of an advisory committee for a school on a military installation described in paragraph (4), shall advise the commander of the military installation with respect to problems concerning the education of dependents within the jurisdiction of the commander.
(3)
(A) The membership of each advisory committee established for a school described in paragraph (1)—
(i) shall include an equal number of parents of students enrolled in the school and of employees working at the school; and
(ii) when appropriate, may include a student enrolled in the school.
(B) In addition to the members described in subparagraph (A), the membership of each advisory committee shall include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the employees working at the school.
(4) In the case of a military installation where there is more than one school in the Department of Defense elementary and secondary school system, the Secretary, acting through the Director, shall provide for the establishment of an advisory committee for the military installation to advise the commander of the military installation with respect to the education of dependents.
(5)
(A) Except in the case of a nonvoting member designated under paragraph (3)(B), members of an advisory committee established under this subsection shall be elected by individuals of voting age residing in the area to be served by the advisory committee.
(B) The Secretary, acting through the Director, shall by regulation prescribe the qualifications for election to an advisory committee established under this subsection and procedures for conducting elections of members to such an advisory committee.
(6) Members of an advisory committee established under this subsection shall serve without pay.
(e) Administration and Staff.—
(1) The Secretary of Defense may enter into such arrangements as may be necessary to provide educational programs at the school.
(2) The Secretary may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees—
(A) establish positions for civilian employees in schools established under this section;
(B) appoint individuals to such positions; and
(C) fix the compensation of such individuals for service in such positions.
(3)
(A) Except as provided in subparagraph (B), in fixing the compensation of employees appointed for a school pursuant to paragraph (2), the Secretary shall consider—
(i) the compensation of comparable employees of the local educational agency in the capital of the State where the military installation is located;
(ii) the compensation of comparable employees in the local educational agency that provides public education to students who reside adjacent to the military installation; and
(iii) the average compensation for similar positions in not more than three other local educational agencies in the State in which the military installation is located.
(B) In fixing the compensation of employees in schools established in the territories, commonwealths, and possessions pursuant to the authority of this section, the Secretary shall determine the level of compensation required to attract qualified employees. For employees in such schools, the Secretary, without regard to the provisions of title 5, may provide for the tenure, leave, hours of work, and other incidents of employment to be similar to that provided for comparable positions in the public schools of the District of Columbia. For purposes of the first sentence, a school established before the effective date of this section pursuant to authority similar to the authority in this section shall be considered to have been established pursuant to the authority of this section.
(4)
(A) The Secretary may, without regard to the provisions of any law relating to the number, classification, or compensation of employees—
(i) transfer employees from schools established under this section to schools in the defense dependents’ education system in order to provide the services referred to in subparagraph (B) to such system; and
(ii) transfer employees from such system to schools established under this section in order to provide such services to those schools.
(B) The services referred to in subparagraph (A) are the following:
(i) Administrative services.
(ii) Logistical services.
(iii) Personnel services.
(iv) Such other services as the Secretary considers appropriate.
(C) Transfers under this paragraph shall extend for such periods as the Secretary considers appropriate. The Secretary shall provide appropriate compensation for employees so transferred.
(D) The Secretary may provide that the transfer of an employee under this paragraph occur without reimbursement of the school or system concerned.
(E) In this paragraph, the term “defense dependents’ education system” means the program established and operated under section 1402(a) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921(a)).
(f) Substantive and Procedural Rights and Protections for Children.—
(1) The Secretary shall provide the following substantive rights, protections, and procedural safeguards (including due process procedures) in the educational programs provided for under this section:
(A) In the case of children with disabilities aged 3 to 5, inclusive, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities aged 3 to 5, inclusive, under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
(B) In the case of infants or toddlers with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to infants or toddlers with disabilities under part C of such Act (20 U.S.C. 1431 et seq.).
(C) In the case of all other children with disabilities, all substantive rights, protections, and procedural safeguards (including due process procedures) available to children with disabilities who are 3 to 5 years old under part B of such Act.
(2) Paragraph (1) may not be construed as diminishing for children with disabilities enrolled in day educational programs provided for under this section the extent of substantive rights, protections, and procedural safeguards that were available under section 6(a) of Public Law 81–874 (20 U.S.C. 241(a)) to children with disabilities as of October 7, 1991.
(3) In this subsection:
(A) The term “children with disabilities” has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).
(B) The term “infants or toddlers with disabilities” has the meaning given the term in section 632 of such Act (20 U.S.C. 1432).
(g) Reimbursement.—
When the Secretary of Defense provides educational services under this section to an individual who is a dependent of an employee of a Federal agency outside the Department of Defense, the head of the other Federal agency shall, upon request of the Secretary of Defense, reimburse the Secretary for those services at rates routinely prescribed by the Secretary for those services. Any payments received by the Secretary under this subsection shall be credited to the account designated by the Secretary for the operation of educational programs under this section.
(h) Continuation of Enrollment Despite Change in Status.—
(1) The Secretary of Defense shall permit a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) for the remainder of a school year notwithstanding a change during such school year in the status of the member or Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.
(2) The Secretary may, for good cause, authorize a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) notwithstanding a change in the status of the member or employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The enrollment may continue for as long as the Secretary considers appropriate.
(3) Paragraphs (1) and (2) do not limit the authority of the Secretary to remove a dependent from enrollment in an educational program provided by the Secretary pursuant to subsection (a) at any time for good cause determined by the Secretary.
(i) American Red Cross Employee Dependents in Certain Areas.—
(1) The Secretary may authorize the dependent of an American Red Cross employee described in paragraph (2) to enroll in an education program provided by the Secretary pursuant to subsection (a) in a territory, commonwealth, or possession of the United States if the American Red Cross agrees to reimburse the Secretary for the educational services so provided.
(2) An employee referred to in paragraph (1) is an American Red Cross employee who—
(A) resides in a territory, commonwealth, or possession of the United States where a program referred to in paragraph (1) is provided; and
(B) performs, on a full-time basis, emergency services on behalf of members of the armed forces.
(3) In determining the dependency status of any person for the purposes of paragraph (1), the Secretary shall apply the same definitions as apply to the determination of such status with respect to Federal employees in the administration of this section.
(4) Subsection (g) shall apply with respect to determining the reimbursement rates for educational services provided pursuant to this subsection. Amounts received as reimbursement for such educational services shall be treated in the same manner as amounts received under subsection (g).
(j) Tuition-free Enrollment of Dependents of Foreign Military Personnel Residing on Domestic Military Installations and Dependents of Certain Deceased Members of the Armed Forces.—
(1) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of a member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States). Enrollment of such a dependent shall be on a tuition-free basis.
(2)
(A) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of a member of the armed forces who died in—
(i) an international terrorist attack against the United States or a foreign country friendly to the United States, as determined by the Secretary;
(ii) military operations while serving outside the United States (including the commonwealths, territories, and possessions of the United States) as part of a peacekeeping force; or
(iii) the line of duty in a combat-related operation, as designated by the Secretary.
(B)
(i) Except as provided by clause (ii), enrollment of a dependent described in subparagraph (A) in a Department of Defense education program provided pursuant to subsection (a) shall be on a tuition-free, space available basis.
(ii) In the case of a dependent described in subparagraph (A) residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may authorize enrollment of the dependent in a Department of Defense education program provided pursuant to subsection (a) on a tuition-free, space required basis.
(k) Enrollment of Relocated Defense Dependents’ Education System Students.—
(1) The Secretary of Defense may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent of a member of the armed forces or a dependent of a Federal employee who is enrolled in the defense dependents’ education system established under section 1402 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921) if—
(A) the dependents departed the overseas location as a result of a evacuation order;
(B) the designated safe haven of the dependent is located within reasonable commuting distance of a school operated by the Department of Defense education program; and
(C) the school possesses the capacity and resources necessary to enable the student to attend the school.
(2) Unless waived by the Secretary of Defense, a dependent described in paragraph (1) who is enrolled in a school operated by the Department of Defense education program pursuant to such paragraph may attend the school only through the end of the school year.
(l) Enrollment in Virtual Elementary and Secondary Education Program.—
(1) Under regulations prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in the virtual elementary and secondary education program established as a component of the Department of Defense education program of a dependent of a member of the armed forces on active duty who—
(A) is enrolled in an elementary or secondary school operated by a local educational agency or another accredited educational program in the United States (other than a school operated by the Department of Defense education program); or
(B) is a home-schooled student.
(2) In this subsection, the term “home-schooled student” means a student in a grade equivalent to kindergarten or any of grades 1 through 12 who receives educational instruction at home or by other nontraditional means outside of a public or private school system, either all or most of the time.
(m) Meal Programs.—
(1) The Secretary of Defense may administer a meal program, consistent with Federal law and standards prescribed by the Secretary of Agriculture for that meal program, for students enrolled in a school established under this section.
(2) In this subsection, the term “meal program” means a program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(n) Eligibility of Dependents of Certain Members of the Reserve Components.—
(1) A dependent of a member described in paragraph (2) shall be eligible to attend a school established under this section at the military installation that is the permanent station of such member and such dependent shall automatically be granted enrollment at such school at the request of such member if there is sufficient space in the school to accommodate the dependent. In the event there is not sufficient space available at such school at the time the dependent seeks to enroll, the dependent shall be placed on a wait-list for enrollment in the school.
(2) A member described in this paragraph is a member of a reserve component performing active service pursuant to an order for accompanied permanent change of station.
(Added Pub. L. 103–337, div. A, title III, § 351(a), Oct. 5, 1994, 108 Stat. 2727; amended Pub. L. 104–106, div. A, title X, § 1075, Feb. 10, 1996, 110 Stat. 450; Pub. L. 104–201, div. A, title XVI, § 1608, Sept. 23, 1996, 110 Stat. 2737; Pub. L. 105–261, div. A, title III, § 371(a)–(c)(2), Oct. 17, 1998, 112 Stat. 1988, 1989; Pub. L. 106–65, div. A, title III, §§ 352, 353, Oct. 5, 1999, 113 Stat. 572; Pub. L. 106–398, § 1 [[div. A], title III, § 361], Oct. 30, 2000, 114 Stat. 1654, 1654A–76; Pub. L. 108–446, title III, § 305(a), Dec. 3, 2004, 118 Stat. 2804; Pub. L. 111–84, div. A, title V, § 534, Oct. 28, 2009, 123 Stat. 2292; Pub. L. 111–383, div. A, title V, § 561, Jan. 7, 2011, 124 Stat. 4221; Pub. L. 112–239, div. A, title V, § 565, Jan. 2, 2013, 126 Stat. 1749; Pub. L. 113–66, div. A, title V, § 553(a), Dec. 26, 2013, 127 Stat. 764; Pub. L. 117–286, § 4(a)(52), Dec. 27, 2022, 136 Stat. 4311; Pub. L. 118–159, div. A, title V, §§ 591–594(a), Dec. 23, 2024, 138 Stat. 1917–1919; Pub. L. 119–60, div. A, title V, §§ 582(b), 583, Dec. 18, 2025, 139 Stat. 888.)
heading: Editorial Notes
heading: References in Text
text: The effective date of this section, referred to in subsec. (e)(3)(B), is the date of enactment of Pub. L. 103–337 which was approved Oct. 5, 1994.
The Individuals with Disabilities Education Act, referred to in subsec. (f)(1), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended. Parts B and C of the Act are classified generally to subchapters II (§ 1411 et seq.) and III (§ 1431 et seq.), respectively, of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.
Section 6(a) of Public Law 81–874 (20 U.S.C. 241(a)), referred to in subsec. (f)(2), was repealed by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965.
The Child Nutrition Act of 1966, referred to in subsec. (m), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables.
The Richard B. Russell National School Lunch Act, referred to in subsec. (m), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
heading: Amendments
text: 2025—Subsec. (i). Pub. L. 119–60, § 582(b)(1), substituted “in Certain Areas” for “in Puerto Rico” in heading.
Subsec. (i)(1). Pub. L. 119–60, § 582(b)(2), substituted “in a territory, commonwealth, or possession of the United States” for “in Puerto Rico”.
Subsec. (i)(2)(A). Pub. L. 119–60, § 582(b)(3), substituted “resides in a territory, commonwealth, or possession of the United States where a program referred to in paragraph (1) is provided” for “resides in Puerto Rico”.
Subsec. (n). Pub. L. 119–60, § 583, added subsec. (n).
2024—Subsec. (d). Pub. L. 118–159, § 591, amended subsec. (d) generally. Prior to amendment, subsec. (d) related to establishment of a school board for Department of Defense elementary and secondary schools established at each military installation under this section.
Subsec. (j)(1). Pub. L. 118–159, § 592(1), substituted “a member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States)” for “an individual described in paragraph (2)”.
Subsec. (j)(2). Pub. L. 118–159, § 592(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An individual referred to in paragraph (1) is any of the following:
“(A) A member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States).
“(B) A deceased member of the armed forces who died in the line of duty in a combat-related operation, as designated by the Secretary.”
Subsec. (l)(1)(A). Pub. L. 118–159, § 593(1)(A), substituted “; or” for “; and”.
Subsec. (l)(1)(B). Pub. L. 118–159, § 593(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “immediately before such enrollment, was enrolled in the defense dependents’ education system established under section 1402 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921).”
Subsec. (l)(2), (3). Pub. L. 118–159, § 593(2), added par. (2) and struck out former pars. (2) and (3) which read as follows:
“(2) Enrollment of a dependent described in paragraph (1) pursuant to such paragraph shall be on a tuition basis.
“(3) Any payments received by the Secretary of Defense under this subsection shall be credited to the account designated by the Secretary for the operation of the virtual educational program under this subsection. Payments so credited shall be merged with other funds in the account and shall be available, to the extent provided in advance in appropriation Acts, for the same purposes and the same period as other funds in the account.”
Subsec. (m). Pub. L. 118–159, § 594(a), added subsec. (m).
2022—Subsec. (d)(6). Pub. L. 117–286 substituted “chapter 10 of title 5, but may close meetings in accordance with chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.), but may close meetings in accordance with such Act.”
2013—Subsecs. (k), (l). Pub. L. 112–239 added subsecs. (k) and (l).
Subsec. (l)(3). Pub. L. 113–66 added par. (3).
2011—Subsec. (a)(3). Pub. L. 111–383 added par. (3).
2009—Subsec. (j). Pub. L. 111–84 added subsec. (j).
2004—Subsec. (f)(1)(B). Pub. L. 108–446, § 305(a)(1), substituted “infants or toddlers” for “infants and toddlers” in two places, “part C” for “part H”, and “1431 et seq.” for “1471 et seq.”.
Subsec. (f)(3)(A). Pub. L. 108–446, § 305(a)(2)(A), substituted “section 602” for “section 602(a)(1)” and “1401” for “1401(a)(1)”.
Subsec. (f)(3)(B). Pub. L. 108–446, § 305(a)(2)(D), substituted “or toddlers” for “and toddlers”, “632” for “672(1)”, and “1432” for “1472(1)”.
Pub. L. 108–446, § 305(a)(2)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which defined the term “children with disabilities aged 3 to 5, inclusive”.
Subsec. (f)(3)(C). Pub. L. 108–446, § 305(a)(2)(C), redesignated subpar. (C) as (B).
2000—Subsec. (i). Pub. L. 106–398 added subsec. (i).
1999—Subsec. (c)(3). Pub. L. 106–65, § 353(1), struck out par. (3) which read as follows: “A dependent of a Federal employee may continue enrollment in a program under this subsection for the remainder of a school year notwithstanding a change during such school year in the status of the Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The preceding sentence does not limit the authority of the Secretary to remove the dependent from enrollment in the program at any time for good cause determined by the Secretary.”
Subsec. (d)(1). Pub. L. 106–65, § 352, inserted at end “The Secretary may provide for the establishment of one school board for all such schools in the Commonwealth of Puerto Rico and one school board for all such schools in Guam instead of one school board for each military installation in those locations.”
Subsec. (h). Pub. L. 106–65, § 353(2), added subsec. (h).
1998—Subsec. (a). Pub. L. 105–261, § 371(a)(1), (2), designated first sentence as par. (1) and second sentence as par. (2).
Subsec. (a)(2). Pub. L. 105–261, § 371(a)(3), inserted at end “If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member’s orders, may be enrolled in an educational program provided by the Secretary under this subsection.”
Subsec. (c)(1). Pub. L. 105–261, § 371(c)(1), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(2)(B). Pub. L. 105–261, § 371(b), added subpar. (B) and struck out former subpar. (B) which read as follows: “A dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the Secretary determines that, in the interest of the dependent’s educational well-being, there is good cause to extend the enrollment for more than the five-year period described in such subparagraph. Any such extension may be made for only one school year at a time.”
Subsec. (c)(2)(D). Pub. L. 105–261, § 371(c)(2), added subpar. (D).
1996—Subsec. (d)(7). Pub. L. 104–201 added par. (7).
Subsec. (e)(4). Pub. L. 104–106 added par. (4).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2013 Amendment
text: Pub. L. 113–66, div. A, title V, § 553(b), Dec. 26, 2013, 127 Stat. 764, provided that: “The amendment made by subsection (a) [amending this section] shall apply only with respect to tuition payments received under section 2164(l) of title 10, United States Code, for enrollments authorized by such section, after the date of the enactment of this Act [Dec. 26, 2013], in the virtual elementary and secondary education program of the Department of Defense education program.”
heading: Effective Date of 1998 Amendment
text: Pub. L. 105–261, div. A, title III, § 371(c)(3), Oct. 17, 1998, 112 Stat. 1989, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to academic years beginning on or after the date of the enactment of this Act [Oct. 17, 1998].”
heading: Regulations on the Use of Portable Electronic Mobile Devices in Department of Defense Education Activity Schools
text: Pub. L. 119–60, div. A, title V, § 589B, Dec. 18, 2025, 139 Stat. 895, provided that:
“(a) Regulations Required.—
Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall update existing regulations on student use of portable electronic mobile devices in Department of Defense Education Activity (DODEA) schools to prohibit disruption in the learning environment by minimizing the use of such mobile devices to the greatest extent practicable and to standardize such regulations across all DODEA schools.
“(b) Briefing Required.—
Not later than 60 days after completion of the updated regulations required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the updated regulations, including—
“(1) relevant evidence taken into consideration on the use of portable electronic mobile devices in and around the classroom on learning outcomes and social dynamics;
“(2) a description of how the regulations have standardized policies across all DODEA schools;
“(3) an assessment of the influence, if any, of public-school policies on mobile devices at school or in the classroom; and
“(4) any other matters the Secretary determines relevant.”
heading: Savings Provision
text: Pub. L. 103–337, div. A, title III, § 351(c), Oct. 5, 1994, 108 Stat. 2730, provided that: “Nothing in section 2164 of title 10, United States Code, as added by subsection (a), shall be construed as affecting the rights in existence on the date of the enactment of this Act [Oct. 5, 1994] of an employee of any school established under such section (or any other provision of law enacted before the date of the enactment of this Act that established a similar school) to negotiate or bargain collectively with the Secretary with respect to wages, hours, and other terms and conditions of employment.”
heading: Transfer of Functions
text: For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
heading: Management of Special Education in Schools Operated by Department of Defense Education Activity
text: Pub. L. 119–60, div. A, title V, § 589V, Dec. 18, 2025, 139 Stat. 896, provided that:
“(a) Improvements to Staffing.—
The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall implement the following measures to improve staffing of special education teachers and staff at schools operated by the Activity:
“(1) Require the inclusion, in the staffing model for a school, of service minutes required by the individualized education programs of students attending the school to more effectively determine appropriate staffing for the school. As part of such staffing model, service minutes for students with similar needs may be counted concurrently when educationally appropriate.
“(2) Collect the following data on underutilized special education staff members:
“(A) When such staff members are requested to transfer to a school with greater needs for such staff members.
“(B) How many requests for such transfers the Activity receives.
“(C) Whether such requests are approved or denied, and at what locations.
“(D) Once such a request is received, the likelihood that the transfer occurs.
“(3) Collect data on the turnover of special education teachers and staff, including reasons for departure.
“(4) Review access to and requirements for crisis training, publicize Activity-wide policies with respect to such training for consistency, and expand such training to relevant special education teachers and staff, such as paraeducators, who are not required, as of the date of the enactment of this Act [Dec. 18, 2025], to receive such training.
“(5) Require district and regional administrators to track training requirements for special education teachers and staff to ensure that such teachers and staff are meeting such requirements.
“(b) Clarification of Guidance.—
The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall implement the following measures to improve and clarify guidance relating to special education provided by schools operated by the Activity:
“(1) Review the list of types of disabilities recognized by the Activity as of the date of the enactment of this Act [Dec. 18, 2025] and determine if that list meets the most recent best practices for special education.
“(2) Standardize and implement instructions for providing special education materials to students across schools operated by the Activity.
“(3) Develop and implement a plan for standardizing special education training across the Activity.
“(4) Standardize reading intervention guidance and requirements across schools operated by the Activity, including by requiring each school and district operated by the Activity to have the same resources and instructions, and provide clear guidance on how to access additional support materials if required.
“(c) Implementation Deadline.—
The Secretary of Defense shall complete implementation of the measures described in subsections (a) and (b) by not later than two years after the date of the enactment of this Act [Dec. 18, 2025].
“(d) Briefings Required.—
“(1) Initial briefing.—
Not later than April 1, 2026, the Director of the Department of Defense Education Activity shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the following:
“(A) Coordination by the Department of Defense Education Activity with the Educational and Developmental Intervention Services programs of the military departments to determine what medical services the military departments are required to provide based on the needs of students attending schools operated by the Activity.
“(B) A description of the process in effect as of the date of the briefing, if any, to resolve a dispute with respect to required services under a student’s individualized education program.
“(C) A description of issues pending, and resolutions of previous issues, under that process.
“(D) An assessment of how support instructional specialists can better assist teachers with developing curriculum for special education students.
“(E) A description of how the Activity provides services in the case of civilian or military dependents with severe medical or special education requirements that a school cannot meet, including any data on how many such cases arise on an annual basis and in what locations.
“(F) A description of the process in effect as of the date of the briefing for reassigning a family from a school located outside the United States if the education needs of a child in the family cannot be met at that school and data, for the 5 school years preceding the briefing, on where such reassignments have been done and the frequency of such reassignments.
“(G) An assessment of the pay scale for special education teachers and staff in effect as of the date of the briefing, an identification of the last time the pay scale was updated, a description of how the pay scale is determined, and a statement of how often the pay scale is updated.
“(H) Data on school and district-level requests for additional reading intervention curriculum, including the locations of such requests and whether such requests were approved or denied.
“(2) Semi-annual briefings.—
The Director of the Department of Defense Education Activity shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress made in implementing the measures described in subsections (a) and (b)—
“(A) not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025]; and
“(B) every 180 days thereafter until the Director certifies to the Committees that each such measure has been implemented.”
heading: Training Requirements Teachers in 21st Century Schools of the Department of Defense Education Activity
text: Pub. L. 118–159, div. A, title V, § 599, Dec. 23, 2024, 138 Stat. 1922, provided that:
“(a) In General.—
The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall require each teacher in a 21st century school to undergo training in accordance with this section.
“(b) Content.—
The training required under subsection (a) shall consist of specialized instruction to provide teachers with the skills necessary to effectively teach in a 21st century school environment, including instruction in—
“(1) understanding and using the physical space of a 21st century school classroom;
“(2) building the relationships necessary to succeed, including relationships with students and other teachers;
“(3) the curriculum and level of academic rigor necessary to increase student learning;
“(4) other skills necessary to support the academic achievement and social and emotional well being of students; and
“(5) such other topics as the Secretary and the Director determine appropriate.
“(c) Frequency.—
The training required under subsection (a) shall be provided as follows:
“(1) In the case of a teacher who has been assigned to a 21st century school, but has not commenced teaching in such school, the training shall be provided before the teacher commences teaching in such school.
“(2) In the case of a teacher who previously taught in a 21st century school, but subsequently taught in a school that is not a 21st century school for one or more school years, such training shall be provided before the teacher resumes teaching in a 21st Century School.
“(3) In the case of a teacher who is teaching in a 21st century school as of the date of the enactment of this Act [Dec. 23, 2024], such training shall be provided not later than 180 days after such date of enactment.
“(4) In the case of a teacher who teaches in a 21st century school on an ongoing basis, and who previously received training under this subsection, such training shall be provided not less frequently than once every three years.
“(d) 21st Century School Defined.—
In this section, the term ‘21st century school’ means a school facility operated by the Department of Defense Education Activity that has been constructed or modernized pursuant to the 21st Century Schools Program of the Activity.”
heading: Overseas Transfer Program for Educators in Schools Operated by the Department of Defense Education Activity
text: Pub. L. 118–159, div. A, title V, § 599A, Dec. 23, 2024, 138 Stat. 1923, provided that:
“(a) In General.—
Not later than December 31, 2025, the Secretary of Defense, in coordination with the Director of the Department of Defense Education Activity, shall develop and implement a policy pursuant to which a teacher at an overseas DODEA school may transfer to a position at another overseas DODEA school, subject to such terms, conditions, and other requirements as the Secretary determines appropriate.
“(b) Overseas DODEA School Defined.—
In this section, the term ‘overseas DODEA school’ means a school that is—
“(1) operated by the Department of Defense Education Activity; and
“(2) located outside the United States.”
heading: Pilot Program To Expand Eligibility for Enrollment at Domestic Dependent Elementary and Secondary Schools
text: Pub. L. 116–283, div. A, title V, § 589C, Jan. 1, 2021, 134 Stat. 3659, as amended by Pub. L. 117–263, div. A, title V, § 572(a), Dec. 23, 2022, 136 Stat. 2601, which established a pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools, was repealed by Pub. L. 118–159, div. A, title V, § 595(b), Dec. 23, 2024, 138 Stat. 1920. See section 2164b of this title.
heading: Pilot Program on Expanded Eligibility for Department of Defense Education Activity Virtual High School Program
text: Pub. L. 116–283, div. A, title V, § 589D, Jan. 1, 2021, 134 Stat. 3660, provided that:
“(a) Pilot Program Required.—
“(1) In general.—
The Secretary of Defense shall carry out a pilot program on permitting dependents of members of the Armed Forces on active duty to enroll in the Department of Defense Education Activity Virtual High School program (in this section referred to as the ‘DVHS program’).
“(2) Purposes.—
The purposes of the pilot program shall be as follows:
“(A) To evaluate the feasibility and scalability of the DVHS program.
“(B) To assess the impact of expanded enrollment in the DVHS program under the pilot program on military and family readiness.
“(3) Duration.—
The duration of the pilot program shall be four academic years.
“(b) Participants.—
“(1) In general.—
Participants in the pilot program shall be selected by the Secretary from among dependents of members of the Armed Forces on active duty who—
“(A) are in a grade 9 through 12;
“(B) are currently ineligible to enroll in the DVHS program; and
“(C) either—
“(i) require supplementary courses to meet graduation requirements in the current State of residence; or
“(ii) otherwise demonstrate to the Secretary a clear need to participate in the DVHS program.
“(2) Preference in selection.—
In selecting participants in the pilot program, the Secretary shall afford a preference to the following:
“(A) Dependents who reside in a rural area.
“(B) Dependents who are home-schooled students.
“(3) Limitations.—
The total number of course enrollments per academic year authorized under the pilot program may not exceed 400 course enrollments. No single dependent participating in the pilot program may take more than two courses per academic year under the pilot program.
“(c) Reports.—
“(1) Interim report.—
Not later than two years after the date of the enactment of this Act [Jan. 1, 2021], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program.
“(2) Final report.—
Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a final report on the pilot programs.
“(3) Elements.—
Each report under this subsection shall include the following:
“(A) A description of the demographics of the dependents participating in the pilot program through the date of such report.
“(B) Data on, and an assessment of, student performance in virtual coursework by dependents participating in the pilot program over the duration of the pilot program.
“(C) Such recommendation as the Secretary considers appropriate on whether to make the pilot program permanent.
“(d) Definitions.—
In this section:
“(1) The term ‘rural area’ has the meaning given the term in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
“(2) The term ‘home-schooled student’ means a student in a grade equivalent to grade 9 through 12 who receives educational instruction at home or by other non-traditional means outside of a public or private school system, either all or most of the time.”
heading: Pilot Program on Enhanced Civics Education
text: Pub. L. 116–92, div. A, title II, § 234, Dec. 20, 2019, 133 Stat. 1278, as amended by Pub. L. 116–283, div. A, title X, § 1081(c)(1), Jan. 1, 2021, 134 Stat. 3873, provided that:
“(a) In General.—
The Secretary of Defense, in consultation with the Secretary of Education, shall carry out a pilot program under which the Secretary provides enhanced educational support and funding to eligible entities to improve civics education programs taught by such entities.
“(b) Purpose.—
The purpose of the pilot program is to provide enhanced civics education on the following topics:
“(1) Critical thinking and media literacy.
“(2) Voting and other forms of political and civic engagement.
“(3) Interest in employment, and careers, in public service.
“(4) Understanding of United States law, history, and Government.
“(5) The ability of participants to collaborate and compromise with others to solve problems.
“(c) Considerations.—
In carrying out the pilot program, the Secretary of Defense shall consider innovative approaches for improving civics education.
“(d) Metrics and Evaluations.—
The Secretary of Defense shall establish metrics and undertake evaluations to determine the effectiveness of the pilot program, including each of the activities carried out under subsection (e).
“(e) Types of Support Authorized.—
Under the pilot program the Secretary of Defense—
“(1) shall provide support to eligible entities to address, at a minimum—
“(A) the development or modification of curricula relating to civics education;
“(B) classroom activities, thesis projects, individual or team projects, internships, or community service activities relating to civics;
“(C) collaboration with government entities, nonprofit organizations, or consortia of such entities and organizations to provide participants with civics-related experiences;
“(D) civics-related faculty development programs;
“(E) recruitment of educators who are highly qualified in civics education to teach civics or to assist with the development of curricula for civics education;
“(F) presentation of seminars, workshops, and training for the development of skills associated with civic engagement;
“(G) activities that enable participants to interact with government officials and entities;
“(H) expansion of civics education programs and outreach for members of the Armed Forces, dependents and children of such members, and employees of the Department of Defense; and
“(I) opportunities for participants to obtain work experience in fields relating to civics; and
“(2) may provide any other form of support the Secretary determines to be appropriate to enhance the civics education taught by eligible entities.
“(f) Report.—
Not later than 180 days after the conclusion of the first full academic year during which the pilot program is carried out, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—
“(1) a description of the pilot program, including a description of the specific activities carried out under subsection (e); and
“(2) the metrics and evaluations used to assess the effectiveness of the program as required under subsection (d).
“(g) Definitions.—
In this section:
“(1) The term ‘civics education program’ means an educational program that provides participants with—
“(A) knowledge of law, government, and the rights of citizens; and
“(B) skills that enable participants to responsibly participate in democracy.
“(2) The term ‘eligible entity’ means any of following:
“(A) A local education agency that hosts a unit of the Junior Reserve Officers’ Training Corps.
“(B) A school operated by the Department of Defense Education Activity.”
[Pub. L. 116–283, div. A, title X, § 1081(c), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(c)(1) of Pub. L. 116–283 to section 234 of Pub. L. 116–92, set out above, is effective as of Dec. 20, 2020 (probably should be Dec. 20, 2019) and as if included in Pub. L. 116–92.]
heading: Support for World Language Advancement and Readiness
text: Pub. L. 116–92, div. A, title XVII, § 1751, Dec. 20, 2019, 133 Stat. 1849, provided that:
“(a) Program authority.—
“(1) In general.—
The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Education, may carry out a program under which the Secretary may provide support to eligible entities for the establishment, improvement, or expansion of world language study for elementary school and secondary school students.
“(2) Special requirements for local educational agencies.—
In providing support under paragraph (1) to an eligible entity that is a local educational agency, the Secretary of Defense shall support programs that—
“(A) show the promise of being continued after such support is no longer available;
“(B) demonstrate approaches that can be disseminated to and duplicated in other local educational agencies; and
“(C) may include a professional development component.
“(3) Applications.—
“(A) In general.—
To be considered for support under paragraph (1), an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information and assurances as the Secretary may require.
“(B) Special consideration.—
The Secretary of Defense shall give special consideration to applications describing programs that—
“(i) include intensive summer world language programs for professional development of world language teachers;
“(ii) link nonnative English speakers in the community with the schools in order to promote two-way language learning;
“(iii) promote the sequential study of a world language for students, beginning in elementary schools;
“(iv) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, to promote world language study;
“(v) promote innovative activities, such as dual language immersion, partial world language immersion, or content-based instruction; and
“(vi) are carried out through a consortium comprised of the eligible entity receiving the grant, an elementary school or secondary school, and an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
“(b) Definitions.—
In this section:
“(1) Eligible entity.—
The term ‘eligible entity’ means the following:
“(A) A local educational agency that hosts a unit of the Junior Reserve Officers’ Training Corps.
“(B) A school operated by the Department of Defense Education Activity.
“(2) Esea terms.—
The terms ‘elementary school’, ‘local educational agency’ and ‘secondary school’ have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(3) World language.—
The term ‘world language’ means—
“(A) any natural language other than English, including—
“(i) languages determined by the Secretary of Defense to be critical to the national security interests of the United States;
“(ii) classical languages;
“(iii) American sign language; and
“(iv) Native American languages; and
“(B) any language described in subparagraph (A) that is taught in combination with English as part of a dual language or immersion learning program.”