20 U.S.C. § 930 — Study of defense dependents’ education

Page 141 TITLE 20—EDUCATION § 930 1 See References in Text note below. 1485 of this title, sections 2503 and 2504 of Title 25, Indi- ans, sections 721, [former] 774, 777a, 795m, and 796d of Title 29, Labor, and sections 1396b, 1396n, 6022, 6024, 9835, 9855d, 9862, and 9886 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1400 and 1484 of this title] and the amendments made by such sections shall take ef- fect on the date of the enactment of this Act [Oct. 7, 1991].’’ § 928. School advisory committees (a) Establishment; functions; membership (1) The Director shall provide for the estab- lishment of an advisory committee for each school in the defense dependents’ education sys- tem. An advisory committee for a school shall advise the principal or superintendent of the school with respect to the operation of the school, may make recommendations with re- spect to curriculum and budget matters, and, except as provided under paragraph (2), shall ad- vise the local military commander with respect to problems concerning dependents’ education within the jurisdiction of the commander. The membership of each such advisory committee shall include an equal number of parents of stu- dents enrolled in the school and of employees working at the school and, when appropriate, may include a student enrolled in the school. The membership of each such advisory com- mittee shall also include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the em- ployees working at the school. (2) In the case of any military installation or overseas area where there is more than one school in the defense dependents’ education sys- tem, the Director shall provide for the establish- ment of an advisory committee for such mili- tary installation or overseas area to advise the local military commander with respect to prob- lems concerning dependents’ education within the jurisdiction of the commander. (b) Election of members; regulations respecting qualifications and election procedures Except in the case of a nonvoting member des- ignated under the last sentence of subsection (a)(1), members of a school advisory committee established under this section shall be elected by individuals of voting age residing in the area to be served by the advisory committee. The Secretary of Defense shall by regulation pre- scribe the qualifications for election to an advi- sory committee and procedures for conducting elections of advisory committee members. (c) Members to serve without pay Members of school advisory committees estab- lished under this section shall serve without pay. (Pub. L. 95–561, title XIV, § 1410, Nov. 1, 1978, 92 Stat. 2369; Pub. L. 96–88, title V, § 508(j)(1), (2), Oct. 17, 1979, 93 Stat. 693; Pub. L. 99–145, title XII, § 1204(b)(2), Nov. 8, 1985, 99 Stat. 720.) Editorial Notes AMENDMENTS 1985—Subsec. (a)(1). Pub. L. 99–145, § 1204(b)(2)(A), in- cluded as member of the advisory committee the des- ignee of the exclusive bargaining representative of the employees. Subsec. (b). Pub. L. 99–145, § 1204(b)(2)(B), (C), sub- stituted ‘‘Except in the case of a nonvoting member designated under the last sentence of subsection (a)(1), members’’ for ‘‘Members’’ and ‘‘The Secretary of De- fense’’ for ‘‘The Secretary of Education, in consultation with the Secretary of Defense,’’. 1979—Subsec. (a)(1). Pub. L. 96–88, § 508(j)(1), sub- stituted ‘‘parents’’ for ‘‘representatives of sponsors’’. Subsec. (b). Pub. L. 96–88, § 508(j)(2), empowered the Secretary of Education, in consultation with the Sec- retary of Defense, to prescribe election qualifications and procedures in regard to advisory committees rather than vesting such power in the Secretary of Defense ex- clusively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–88, effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 929. Repealed. Pub. L. 114–328, div. A, title V, § 576, Dec. 23, 2016, 130 Stat. 2143 Section, Pub. L. 95–561, title XIV, § 1411, Nov. 1, 1978, 92 Stat. 2370; Pub. L. 96–88, title V, § 508(j)(3)–(8), Oct. 17, 1979, 93 Stat. 693, 694; Pub. L. 99–145, title XII, § 1204(b)(3)–(5), Nov. 8, 1985, 99 Stat. 720, 721; Pub. L. 106–65, div. A, title III, § 354(4), Oct. 5, 1999, 113 Stat. 573; Pub. L. 113–291, div. A, title V, § 565, Dec. 19, 2014, 128 Stat. 3384, related to Advisory Council on Dependents’ Education. § 930. Study of defense dependents’ education system (a) Scope; conduct and report to Director by con- tractor (1) The Director may from time to time, but not more frequently than once a year, provide for a comprehensive study of the entire defense dependents’ education system. Any such study shall include a detailed analysis of the edu- cation programs and the facilities of the system. (2) Any study under paragraph (1) shall be con- ducted by a contractor selected by the Director after an open competition. After conducting such study, the contractor shall submit a report to the Director describing the results of the study and giving its assessment of the defense dependents’ education system. (b) Consultation requirements respecting study specifications and contractor selection In designing the specifications for any study to be conducted pursuant to subsection (a)(1), and in selecting a contractor to conduct such study under subsection (a)(2), the Director shall consult with the Advisory Council on Depend- ents’ Education established under section 929 1 of this title. Page 142 TITLE 20—EDUCATION § 931 (c) Reporting requirements of Director The Director shall submit to the Congress any report submitted to him under subsection (a)(2) describing the results of a study carried out pur- suant to subsection (a)(1), together with the rec- ommendations, if any, of the contractor for leg- islation or any increase in funding needed to im- prove the defense dependents’ education system. Notwithstanding any law, rule, or regulation to the contrary, such report shall not be submitted to any review before its transmittal to the Con- gress, but the Secretary of Defense shall, at the time of the transmittal of such report, submit to the Congress such recommendations as he may have with respect to legislation or any in- crease in funding needed to improve the defense dependents’ education system. (Pub. L. 95–561, title XIV, § 1412, Nov. 1, 1978, 92 Stat. 2371; Pub. L. 96–46, § 2(a)(8), Aug. 6, 1979, 93 Stat. 340; Pub. L. 106–65, div. A, title III, § 354(5), Oct. 5, 1999, 113 Stat. 573.) Editorial Notes REFERENCES IN TEXT Section 929 of this title, referred to in subsec. (b), was repealed by Pub. L. 114–328, div. A, title V, § 576, Dec. 23, 2016, 130 Stat. 2143. AMENDMENTS 1999—Subsec. (a)(1). Pub. L. 106–65, § 354(5)(A), sub- stituted ‘‘The Director may from time to time, but not more frequently than once a year, provide for’’ for ‘‘As soon as practicable after November 1, 1978, the Director shall provide for’’ and ‘‘system. Any such study’’ for ‘‘system, which’’. Subsec. (a)(2). Pub. L. 106–65, § 354(5)(B), substituted ‘‘Any study under paragraph (1)’’ for ‘‘The study re- quired by this subsection’’ and struck out ‘‘not later than two years after July 1, 1979,’’ after ‘‘shall submit a report to the Director’’. Subsec. (b). Pub. L. 106–65, § 354(5)(C), substituted ‘‘any study’’ for ‘‘the study’’. Subsec. (c). Pub. L. 106–65, § 354(5)(D), substituted ‘‘any report’’ for ‘‘not later than one year after July 1, 1979, the report’’ and ‘‘a study’’ for ‘‘the study’’. Subsec. (d). Pub. L. 106–65, § 354(5)(E), struck out sub- sec. (d) which read as follows: ‘‘The Director may pro- vide for additional studies of the defense dependents’ education system to be conducted in accordance with the provisions of this section, but such studies shall not be conducted more frequently than once a year. A report of each study shall be submitted to the Congress in accordance with subsection (c) of this section, and the second sentence of such subsection shall apply with respect to the transmission of each such report.’’ 1979—Subsec. (a)(2). Pub. L. 96–46 substituted ‘‘two years after July 1, 1979’’ for ‘‘one year after July 1, 1979’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–46, § 8, Aug. 6, 1979, 93 Stat. 343, provided that: ‘‘The amendments made by this Act [enacting section 3164 of this title, amending this section, sec- tions 240, 241–1, 1211a, 1221–3, 1221h, 1226c, 1232g, 2308, 2310, 2603, 2721, 2733 to 2735, 2740, 2762, 2763, 2772, 2782, 2902, 3084, 3163, 3200, 3289, 3381 to 3386 of this title, and sections 2001, 2002, 2006, 2008, 2012 of Title 25, Indians, enacting a provision set out as a note under section 1221e of this title, and amending provisions set out as notes under sections 236, 1211b, 1221–1, 1231a, and 2701 of this title and section 13 of Title 25] shall take effect Oc- tober 1, 1978.’’ § 931. Regulations; issuance and contents The Secretary of Defense shall issue regula- tions to carry out this chapter. Such regulations shall— (1) prescribe the educational goals and objec- tives of the defense dependents’ education sys- tem, (2) establish standards for the development of curricula for the system and for the selec- tion of instructional materials, (3) prescribe professional standards for pro- fessional personnel employed in the system, (4) provide for arrangements between the Di- rector and commanders of military installa- tions for necessary logistic support for schools of the system located on military installa- tions, (5) provide for a recertification program for professional personnel employed in the sys- tem, and (6) provide for such other matters as may be necessary to ensure the efficient organization and operation of the defense dependents’ edu- cation system. (Pub. L. 95–561, title XIV, § 1413, Nov. 1, 1978, 92 Stat. 2372; Pub. L. 106–65, div. A, title III, § 354(6), Oct. 5, 1999, 113 Stat. 574.) Editorial Notes AMENDMENTS 1999—Subsec. (d). Pub. L. 106–65 substituted ‘‘The Sec- retary’’ for ‘‘Not later than 180 days after July 1, 1979, the Secretary’’ in introductory provisions. § 932. Definitions For purposes of this chapter: (1) The term ‘‘dependent’’ means a minor in- dividual— (A) who has not completed secondary schooling, and (B) who is the child, stepchild, adopted child, ward, or spouse of a sponsor, or who is a resident in the household of a sponsor who stands in loco parentis to such individual and who receives one-half or more of his sup- port from such sponsor. (2) The term ‘‘sponsor’’ means a person— (A) who is— (i) a member of the Armed Forces serv- ing on active duty, or (ii) a full-time civilian officer or em- ployee of the Department of Defense and a citizen or national of the United States; and (B) who is authorized to transport depend- ents to or from an overseas area at Govern- ment expense and is provided an allowance for living quarters in that area. (3) The term ‘‘overseas area’’ means any area situated outside the United States. (4) The term ‘‘United States’’, when used in a geographical sense, means the several States, the District of Columbia, the Common- wealth of Puerto Rico, and the possessions of the United States (excluding the Trust Terri- tory of the Pacific Islands and Midway Island). (5) The term ‘‘involuntarily separated’’ has the meaning given that term in section 1141 of title 10.