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10 U.S.C. § 2164c — Authorization of dual or concurrent enrollment programs for students of Defense Dependent Schools
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, may—
(1) enter into arrangements with institutions of higher education to provide students of Defense Dependent Schools with access to postsecondary course credit through dual or concurrent enrollment programs; and
(2) subject to subsection (b), provide financial assistance to students to cover the costs associated with such programs.
**(b) Amount of Assistance.—** The amount of financial assistance provided to an individual student under subsection (a)(2) may not exceed $1,500 per school year.
**(c) Credit Transferability.—** The Secretary of Defense shall, to the greatest extent practicable, ensure that the Department of Defense Education Activity, in facilitating dual or concurrent enrollment programs with institutions of higher education under this section—
(1) establishes articulation or credit transfer agreements that promote the transferability of academic credits earned by participating students; and
(2) prioritizes agreements with institutions that offer broad acceptance of such credits across degree programs.
**(d) Institutional Integrity.—** In entering into contracts or other agreements with institutions of higher education for purposes of dual or concurrent enrollment programs under this section, the Secretary of Defense shall ensure that such institutions have a program participation agreement in effect under section 487 of the Higher Education Act of 1965 ([20 U.S.C. 1094](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim)) and are not provisionally or temporarily certified.
**(e) Preparation and Informing Families and Educators.—** In implementing dual or concurrent enrollm
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Source location: Title 10, Chapter 108, § 2164c; chapter-108-department-of-defense-schools.md
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**(a) In General.—** The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, may—
(1) enter into arrangements with institutions of higher education to provide students of Defense Dependent Schools with access to postsecondary course credit through dual or concurrent enrollment programs; and
(2) subject to subsection (b), provide financial assistance to students to cover the costs associated with such programs.
**(b) Amount of Assistance.—** The amount of financial assistance provided to an individual student under subsection (a)(2) may not exceed $1,500 per school year.
**(c) Credit Transferability.—** The Secretary of Defense shall, to the greatest extent practicable, ensure that the Department of Defense Education Activity, in facilitating dual or concurrent enrollment programs with institutions of higher education under this section—
(1) establishes articulation or credit transfer agreements that promote the transferability of academic credits earned by participating students; and
(2) prioritizes agreements with institutions that offer broad acceptance of such credits across degree programs.
**(d) Institutional Integrity.—** In entering into contracts or other agreements with institutions of higher education for purposes of dual or concurrent enrollment programs under this section, the Secretary of Defense shall ensure that such institutions have a program participation agreement in effect under section 487 of the Higher Education Act of 1965 ([20 U.S.C. 1094](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1094&num=0&edition=prelim)) and are not provisionally or temporarily certified.
**(e) Preparation and Informing Families and Educators.—** In implementing dual or concurrent enrollment programs under this section, the Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall do the following:
(1) **Course sequence alignment.—** — Design a sequence of courses for such programs to match the academic content standards and level of rigor of the corresponding postsecondary courses, in consultation and collaboration with—
(A) educators from Defense Dependent Schools serving the military-connected community;
(B) faculty members from institutions of higher education offering dual or concurrent enrollment programs; and
(C) the school advisory committee (or the equivalent advisory body) of each Defense Dependent School.
(2) **Outreach and information dissemination.—** — Establish outreach and awareness efforts targeted toward elementary and secondary school students, particularly those in the middle grades and their families, educators, school counselors, and principals, to provide—
(A) general information regarding the availability and benefits of dual or concurrent enrollment programs;
(B) guidance on eligibility requirements, academic expectations, and necessary preparatory coursework for such programs; and
(C) resources to support informed decisionmaking and successful student participation in such programs.
**(f) Teacher Certification.—** The Secretary of Defense shall ensure that all dual or concurrent enrollment courses facilitated by the Department of Defense Education Activity are taught by—
(1) a postsecondary faculty member who—
(A) is employed by a two-year or four-year institution of higher education (which may include a community college); and
(B) meets the applicable postsecondary accreditation standards for instructional staff; or
(2) a classroom teacher employed by a local educational agency or by the Department of Defense Education Activity, who—
(A) is qualified to teach in accordance with applicable law; and
(B) has received training or certification to deliver the dual or concurrent enrollment course curriculum in alignment with the standards of the partnering institution of higher education.
**(g) Additional Requirements.—** In carrying out this section, the Secretary of Defense shall consult with the School Advisory Committees (or the equivalent advisory bodies) and Parent Teacher Associations of participating Defense Dependent Schools.
**(h) Annual Briefings.—**
(1) **In general.—** — Not later than one year after the date of the enactment of this section, and annually thereafter for four years, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the dual and concurrent enrollment programs authorized under this section.
(2) **Elements.—** — Each briefing under paragraph (1) shall include, with respect to the period covered by the briefing—
(A) the number of students who participated in dual or concurrent enrollment programs authorized under this section;
(B) the total cost to the Department of Defense of providing such programs; and
(C) an explanation of—
(i) whether and to what extent such programs consisted of online classes or in-person instruction; and
(ii) the subjects taught in postsecondary classes taken by students participating in such programs.
(3) **Disaggregation.—** — The information required under paragraph (2) shall be set forth separately for each region served by the Department of Defense Education Activity.
**(i) Definitions.—** In this section:
(1) The term “appropriate congressional committees” means—
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services and the Committee on Education and Workforce of the House of Representatives.
(2) The term “Defense Dependent School” means—
(A) a school operated under the Defense Dependents’ Education System, as authorized under the Defense Dependents’ Education Act of 1978 ([20 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section921&num=0&edition=prelim) et seq.); or
(B) a Department of Defense domestic dependent elementary and secondary school, as authorized under [section 2164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2164&num=0&edition=prelim).
(3) The term “dual or concurrent enrollment program” means a program offered by an arrangement between the Department of Defense Education Activity and an institution of higher education and through which a student enrolled in a Defense Dependent School who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn credit that applies—
(A) toward completion of a postsecondary degree or recognized educational credential as described in the Higher Education Act of 1965 ([20 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) et seq.); and
(B) toward completion of high school.
(4) The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 ([20 U.S.C. 1002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1002&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** 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) Program purposes and activities**
(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) Consultation requirements** The Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents’ education system.
**(d) Optional summer school programs**
(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of institution of higher education for purposes of student assistance programs**
(1) **Inclusion of additional institutions** — Subject to paragraphs (2) through (4) of this subsection, the term “institution of higher education” for purposes of subchapter IV includes, in addition to the institutions covered by the definition in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim)—
(A) a proprietary institution of higher education (as defined in subsection (b) of this section);
(B) a postsecondary vocational institution (as defined in subsection (c) of this section); and
(C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of [section 1087b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087b/d&num=0&edition=prelim).
(2) **Institutions outside the United States**
(A) *In general* — For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) (except that a graduate medical school, nursing schoo
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Federal law — U.S. Code and appendices · legal_authorities
**(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 residen
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Required for programs of assistance; contents** In order to be an eligible institution for the purposes of any program authorized under this subchapter, an institution must be an institution of higher education or an eligible institution (as that term is defined for the purpose of that program) and shall, except with respect to a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements:
(1) The institution will use funds received by it for any program under this subchapter and any interest or other earnings thereon solely for the purpose specified in and in accordance with the provision of that program.
(2) The institution shall not charge any student a fee for processing or handling any application, form, or data required to determine the student’s eligibility for assistance under this subchapter or the amount of such assistance.
(3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary to ensure proper and efficient administration of funds received from the Secretary or from students under this subchapter, together with assurances that the institution will provide, upon request and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution to—
(A) the Secretary;
(B) the appropriate guaranty agency; and
(C) the appropriate accrediting agency or association.
(4) The institution will comply with the provisions of subsection (c) of this section and the regulations prescribed under that subsection, relating to fiscal eligibili
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Federal law — U.S. Code and appendices · legal_authorities
Page 185
TITLE 20—EDUCATION
§ 1001
PART A—DEFINITIONS
§ 1001. General definition of institution of higher
education
(a) Institution of higher education
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ means an educational institution in any
State that—
(1) admits as regular students only persons
having a certificate of graduation from a
school providing secondary education, or the
recognized equivalent of such a certificate, or
persons who meet the requirements of section
1091(d) of this title;
(2) is legally authorized within such State to
provide a program of education beyond sec-
ondary education;
(3) provides an educational program for
which the institution awards a bachelor’s de-
gree or provides not less than a 2-year pro-
gram that is acceptable for full credit toward
such a degree, or awards a degree that is ac-
ceptable for admission to a graduate or profes-
sional degree program, subject to review and
approval by the Secretary;
(4) is a public or other nonprofit institution;
and
(5) is accredited by a nationally recognized
accrediting agency or association, or if not so
accredited, is an institution that has been
granted preaccreditation status by such an
agency or association that has been recognized
by
the
Secretary
for
the
granting
of
preaccreditation status, and the Secretary has
determined that there is satisfactory assur-
ance that the institution will meet the accred-
itation standards of such an agency or associa-
tion within a reasonable time.
(b) Additional institutions included
For purposes of this chapter, other than sub-
chapter IV, the term ‘‘institution of higher edu-
cation’’ also includes—
(1) any school that provides not less than a
1-year program of tr
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Federal law — U.S. Code and appendices · legal_authorities
Page 198
TITLE 20—EDUCATION
§ 1002
(c) align the incentives of institutions with those of
students and taxpayers to ensure that institutions
share the financial risk associated with Federal stu-
dent loan programs;
(d) help borrowers avoid defaulting on their Federal
student loans by educating them about risks, repay-
ment obligations, and repayment options; and
(e) supplement efforts by States and institutions by
disseminating information to assist students in com-
pleting their degrees faster and at lower cost.
SEC. 3. Improving Free Inquiry on Campus. (a) To ad-
vance the policy described in subsection 2(a) of this
order, the heads of covered agencies shall, in coordina-
tion with the Director of the Office of Management and
Budget, take appropriate steps, in a manner consistent
with applicable law, including the First Amendment, to
ensure institutions that receive Federal research or
education grants promote free inquiry, including
through compliance with all applicable Federal laws,
regulations, and policies.
(b) ‘‘Covered agencies’’ for purposes of this section
are the Departments of Defense, the Interior, Agri-
culture, Commerce, Labor, Health and Human Services,
Transportation, Energy, and Education; the Environ-
mental Protection Agency; the National Science Foun-
dation; and the National Aeronautics and Space Ad-
ministration.
(c) ‘‘Federal research or education grants’’ for pur-
poses of this section include all funding provided by a
covered agency directly to an institution but do not in-
clude funding associated with Federal student aid pro-
grams that cover tuition, fees, or stipends.
SEC. 4. Improving Transparency and Accountability on
Campus. (a) To advance the policy described in sub-
sections 2(b)–(e) of this order, the Secretary o
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Federal law — U.S. Code and appendices · legal_authorities
Page 701
TITLE 20—EDUCATION
§ 1094
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives’’.
Subsec. (f)(3). Pub. L. 110–315, § 491, substituted ‘‘An-
nual reports’’ for ‘‘Reports’’ in heading, in subpar. (B)
redesignated cls. (i) and (ii) as subpars. (A) and (B), re-
spectively, and adjusted their margins, and substituted
‘‘The Secretary shall provide reports to the authorizing
committees on an annual basis’’ for former subpar. (A)
which required Secretary to report to congressional
committees on evaluations of demonstration programs
and for introductory provisions of former subpar. (B)
which related to additional annual reports.
1998—Pub. L. 105–244 amended section catchline and
text generally. Prior to amendment, section authorized
Secretary to make grants to nonprofit private organi-
zations to provide training for student financial aid ad-
ministrators and TRIO personnel.
1992—Pub. L. 102–325 struck out ‘‘and student sup-
port’’ after ‘‘aid’’ in section catchline and amended text
generally, substituting present provisions for former
subsec. (a) relating to program authority, subsec. (b)
relating to use of funds, and subsec. (c) relating to au-
thorization of appropriations.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 1, 1998,
except as otherwise provided in Pub. L. 105–244, see sec-
tion 3 of Pub. L. 105–244, set out as a note under section
1001 of this title.
§ 1093a. Articulation agreements
(a) Definition
In this section, the term ‘‘articulation agree-
ment’’ means an agreement between or among
institutions of higher education that specifies
the acceptability of courses in transfer toward
meeting sp
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Federal law — U.S. Code and appendices · legal_authorities
Page 134
TITLE 20—EDUCATION
§ 907
217, set out as a note under section 5921 of Title 5, Gov-
ernment Organization and Employees.
REGULATIONS APPLICABLE TO PAYMENT OF ADDITIONAL
COMPENSATION
For provisions relating to payment of additional
compensation authorized by subsec. (a)(2) of this sec-
tion in accordance with the regulations contained in
Ex. Ord. No. 10000, see section 1–101 of Ex. Ord. No.
12228, July 24, 1980, 45 F.R. 49903, set out as a note under
section 707 of Title 38, Veterans’ Benefits.
§ 907. Applicability of other laws
In the case of any teacher who—
(1) is performing services as a teacher at the
close of a school year,
(2) agrees in writing to serve as a teacher for
the next school year, and
(3) is employed in another position in the re-
cess period immediately preceding such next
school year, or, during such recess period, re-
ceives quarters, allowances, or additional com-
pensation referred to in sections 905 and 906 of
this title, or both, as the case may be,
section 5533 of title 5 shall not apply to such
teacher by reason of any such employment dur-
ing a recess period or any such receipt of quar-
ters, allowances, or additional compensation, or
both, as the case may be.
(Pub. L. 86–91, § 10(b), July 17, 1959, 73 Stat. 217;
Pub. L. 88–448, title IV, § 401(n), Aug. 19, 1964, 78
Stat. 492.)
Editorial Notes
CODIFICATION
‘‘Section 5533 of title 5’’ substituted in text for ‘‘sec-
tion 301 of the Dual Compensation Act’’ on authority of
Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first
section of which enacted Title 5, Government Organiza-
tion and Employees.
Section was formerly classified to section 2358(b) of
Title 5 period to the general revision and enactment of
Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966,
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