20 U.S.C. § 921 — Defense dependents’ education system

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, 80 Stat. 378. AMENDMENTS 1964—Subsec. (b). Pub. L. 88–448 made section 301 of the Dual Compensation Act inapplicable and struck out provisions which referred to former section 62 of title 5 and section 6 of the act of May 10, 1916. CHAPTER 25A—OVERSEAS DEFENSE DEPENDENTS’ EDUCATION Sec. 921. Defense dependents’ education system. 922. Administration of defense dependents’ edu- cation system. 923. Space-available enrollment of students; tui- tion. 923a. Enrollment of certain additional children on tuition-free basis. 924. Annual educational assessment. 925. Budget request for school construction funds for Director of Dependents’ Education. 926. School system for dependents in overseas areas. 927. Allotment formula. 928. School advisory committees. 929. Repealed. 930. Study of defense dependents’ education sys- tem. 931. Regulations; issuance and contents. 932. Definitions. § 921. Defense dependents’ education system (a) Establishment The Secretary of Defense shall establish and operate a program (hereinafter in this chapter referred to as the ‘‘defense dependents’ edu- cation system’’) to provide a free public edu- cation 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 qual- ity. (2) In establishing the defense dependents’ edu- cation system under subsection (a), the Sec- retary shall provide programs designed to meet the special needs of— (A) the handicapped, (B) individuals in need of compensatory edu- cation, (C) individuals with an interest in voca- tional education, (D) gifted and talented individuals, and (E) individuals of limited English-speaking ability. (3) The Secretary shall provide a develop- mental preschool program to individuals eligible to receive a free public education under sub- section (a) who are of preschool age if a pre- school 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 depend- ents’ education system. (d) Optional summer school programs (1) The Secretary of Defense may provide op- tional 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 Sec- retary may charge reasonable fees for all or por- tions of such summer school programs to the ex- tent that the Secretary determines appropriate. (3) The amounts received by the Secretary in payment of the fees shall be available to the De- partment of Defense for defraying the costs of conducting summer school programs under this subsection. (e) Meal programs In addition to carrying out the requirement under section 1769b of title 42 to administer lunch programs in certain dependents’ schools, the Secretary of Defense may administer a school breakfast program for students attending a school of the defense dependents’ education system. (Pub. L. 95–561, title XIV, § 1402, Nov. 1, 1978, 92 Stat. 2365; Pub. L. 99–145, title XII, § 1204(b)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L. 102–484, div. A, title III, § 382, Oct. 23, 1992, 106 Stat. 2392; Pub. L. 106–65, div. A, title III, § 354(1), Oct. 5, 1999, 113 Stat. 572; Pub. L. 107–314, div. A, title III, § 343, Page 135 TITLE 20—EDUCATION § 921 Dec. 2, 2002, 116 Stat. 2515; Pub. L. 118–159, div. A, title V, § 594(b), Dec. 23, 2024, 138 Stat. 1919.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, known as the Defense Dependents’ Education Act of 1978, which enacted this chapter, section 489 of Title 37, Pay and Allowances of the Uniformed Services, and section 1769b of Title 42, The Public Health and Welfare, amended sections 1773 and 1789 of Title 42, and enacted provisions set out as notes under this section. For complete classification of this title to the Code, see Short Title note below and Tables. AMENDMENTS 2024—Subsec. (e). Pub. L. 118–159 added subsec. (e). 2002—Subsec. (d)(2). Pub. L. 107–314 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Secretary shall provide in regulations for fees to be charged for the students enrolling in a summer school program under this subsection in amounts deter- mined on the basis of family income.’’ 1999—Subsec. (b)(1). Pub. L. 106–65 substituted ‘‘to re- ceive’’ for ‘‘to recieve’’. 1992—Subsec. (d). Pub. L. 102–484 added subsec. (d). 1985—Subsec. (c). Pub. L. 99–145 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–561, title XIV, § 1415, Nov. 1, 1978, 92 Stat. 2373, provided that: ‘‘(a)(1) Except as provided in paragraph (2) this title [see Short Title note below] shall take effect on July 1, 1979. ‘‘(2) Section 1407(b) [enacting section 926(b) of this title] and the amendments made by section 1407(c) [en- acting section 429 of Title 37, Pay and Allowances of the Uniformed Services], 1408(a) [enacting section 1769b of Title 42, The Public Health and Welfare], and 1408(b) [amending sections 1773 and 1789 of Title 42] shall take effect on October 1, 1978. ‘‘(b) Notwithstanding subsection (a) or any other pro- vision of this title no provision of this title shall be construed to impair or prevent the taking effect of the provision of any other Act providing for the transfer of the functions described in this title to an executive de- partment having responsibility for education.’’ SHORT TITLE Pub. L. 95–561, title XIV, § 1401, Nov. 1, 1978, 92 Stat. 2365, provided that: ‘‘This title [enacting this chapter, section 429 of Title 37, Pay and Allowances of the Uni- formed Services, and section 1769b of Title 42, The Pub- lic Health and Welfare, amending sections 1773 and 1789 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Defense De- pendents’ Education Act of 1978’.’’ DEPARTMENT OF DEFENSE EDUCATION ACTIVITY POLI- CIES AND PROCEDURES ON SEXUAL HARASSMENT OF STUDENTS OF ACTIVITY SCHOOLS Pub. L. 115–232, div. A, title V, § 562, Aug. 13, 2018, 132 Stat. 1776, provided that: ‘‘(a) APPLICABILITY OF TITLE IX PROTECTIONS.—The provisions of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this section referred to as ‘title IX’) with respect to education programs or ac- tivities receiving Federal financial assistance shall apply equally to education programs and activities ad- ministered by the Department of Defense Education Activity (DODEA). ‘‘(b) POLICIES AND PROCEDURES.—Not later than March 31, 2019, the Department of Defense Education Activity shall establish policies and procedures to pro- tect students at schools of the Activity who are victims of sexual harassment. Such policies and procedures shall afford protections at least comparable to the pro- tections afforded under title IX. ‘‘(c) ELEMENTS.—The policies and procedures required by subsection (b) shall include, at a minimum, the fol- lowing: ‘‘(1) A policy addressing sexual harassment of stu- dents at the schools of the Department of Defense Education Activity that uses and incorporates terms, procedures, protections, investigation standards, and standards of evidence consistent with title IX. ‘‘(2) A procedure by which— ‘‘(A) a student of a school of the Activity, or a parent of such a student, may file a complaint with the school alleging an incident of sexual harass- ment at the school; and ‘‘(B) such a student or parent may appeal the de- cision of the school regarding such complaint. ‘‘(3) A procedure and mechanisms for the appoint- ment and training of, and allocation of responsibility to, a coordinator at each school of the Activity for sexual harassment matters involving students from the military community served by such school. ‘‘(4) Training of employees of the Activity, and vol- unteers at schools of the Activity, on the policies and procedures. ‘‘(5) Mechanisms for the broad distribution and dis- play of the policy described in paragraph (1), includ- ing on the Internet website of the Activity and on Internet websites of schools of the Activity, in print- ed and online versions of student handbooks, and in brochures and flyers displayed on school bulletin boards and in guidance counselor offices. ‘‘(6) Reporting and recordkeeping requirements de- signed to ensure that— ‘‘(A) complaints of sexual harassment at schools of the Activity are handled— ‘‘(i) with professionalism and consistency; and ‘‘(ii) in a manner that permits coordinators re- ferred to in paragraph (3) to track trends in inci- dents of sexual harassment and to identify repeat offenders of sexual harassment; and ‘‘(B) appropriate members of the local leadership of military communities are held accountable for acting upon complaints of sexual harassment at schools of the Activity.’’ DEPARTMENT OF DEFENSE EDUCATION ACTIVITY MISCONDUCT DATABASE Pub. L. 115–232, div. A, title V, § 563, Aug. 13, 2018, 132 Stat. 1777, provided that: ‘‘(a) COMPREHENSIVE DATABASE.—The Secretary of Defense shall consolidate the various databases and mechanisms for the reporting and tracking of juvenile misconduct in Department of Defense Education Activ- ity (hereinafter in this section referred to as ‘DODEA’) schools into one comprehensive database for DODEA juvenile misconduct. The comprehensive database shall include all unresolved and all substantiated allegations of juvenile-on-juvenile sexual misconduct. ‘‘(b) POLICY.—The Secretary shall establish a com- prehensive policy regarding the reporting and tracking of juvenile misconduct cases occurring in DODEA schools, including policies establishing appropriate safeguards to prevent unauthorized disclosure of sen- sitive information contained in the comprehensive database required by subsection (a).’’ REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY Pub. L. 110–181, div. B, title XXVIII, § 2879, Jan. 28, 2008, 122 Stat. 564, provided that: ‘‘(a) REPORT REQUIRED.—Not later than March 1, 2008, the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the conditions of Page 136 TITLE 20—EDUCATION § 922 schools under the jurisdiction of the Department of De- fense Education Activity. ‘‘(b) CONTENT.—The report required under subsection (a) shall include the following: ‘‘(1) A description of each school under the control of the Secretary, including the location, year con- structed, grades of attending children, maximum ca- pacity, and current capacity of the school. ‘‘(2) A description of the standards and processes used by the Secretary to assess the adequacy of the size of school facilities, the ability of facilities to support school programs, and the current condition of facilities. ‘‘(3) A description of the conditions of the facility or facilities at each school, including the level of compliance with the standards described in paragraph (2), any existing or projected facility deficiencies or inadequate conditions at each facility, and whether any of the facilities listed are temporary structures. ‘‘(4) An investment strategy planned for each school to correct deficiencies identified in paragraph (3), including a description of each project to correct such deficiencies, cost estimates, and timelines to complete each project. ‘‘(5) A description of requirements for new schools to be constructed over the next 10 years as a result of changes to the population of military personnel. ‘‘(c) USE OF REPORT AS MASTER PLAN FOR REPAIR, UP- GRADE, AND CONSTRUCTION OF SCHOOLS.—The Secretary shall use the report required under subsection (a) as a master plan for the repair, upgrade, and construction of schools in the Department of Defense system that sup- port dependents of members of the Armed Forces and civilian employees of the Department of Defense.’’ PILOT PROGRAM ON PRIVATE OPERATION OF DEFENSE DEPENDENTS’ SCHOOLS Pub. L. 104–106, div. A, title III, § 355, Feb. 10, 1996, 110 Stat. 269, provided that the Secretary of Defense could conduct a pilot program to evaluate the feasibility of using private contractors to operate overseas schools of the defense dependents’ education system established under this section, subject to certain conditions and providing that no later than 30 days after the end of the first school year in which the pilot program is con- ducted, the Secretary would submit to Congress a re- port on the results of the program and a recommenda- tion of the extent to which other schools of the defense dependents’ education system should be operated by private contractors. § 922. Administration of defense dependents’ edu- cation system (a) Operation; Director The defense dependents’ education system is operated through the field activity of the De- partment of Defense known as the Department of Defense Education Activity. That activity is headed by a Director, who is a civilian and is se- lected by the Secretary of Defense. The Director reports to an Assistant Secretary of Defense des- ignated by the Secretary of Defense for purposes of this chapter. (b) Implementation of program functions of Sec- retary of Defense through Director Except with respect to the authority to pre- scribe regulations, the Secretary of Defense may carry out his functions under this chapter through the Director. (c) Functions of Director The Director shall— (1) establish personnel policies, consistent with the Defense Department Overseas Teach- ers Pay and Personnel Practices Act (20 U.S.C. 901 et seq.), for employees in the defense de- pendents’ education system, (2) have authority to transfer professional employees in the defense dependents’ edu- cation system from one position to another, (3) prepare a unified budget for each fiscal year, which shall include necessary funds for construction and operation and maintenance of facilities, for the defense dependents’ edu- cation system for inclusion in the Department of Defense budget for that year, (4) have authority to establish, in accord- ance with section 928 of this title, local school advisory committees, (5) have authority to arrange for inservice and other training programs for employees in the defense dependents’ education system, and (6) perform such other functions as may be required or delegated by the Secretary of De- fense or the Assistant Secretary of Defense designated under subsection (a). (d) Establishment of regional or area offices; re- ports to Congress on reorganizations; author- ized number of civilian employees (1) The Director shall establish appropriate re- gional or area offices in order to provide for thorough and efficient administration of the de- fense dependents’ education system. (2) Whenever the Department of Defense Edu- cation Activity is reorganized in a manner that affects the defense dependents’ education sys- tem, the Secretary of Defense shall submit a re- port to the Congress describing the reorganiza- tion. (3) Subject to the approval of the Secretary of Defense, the Department of Defense Education Activity is authorized an appropriate number of civilian employees in its central office and such regional or area office as are established pursu- ant to paragraph (1). (Pub. L. 95–561, title XIV, § 1403, Nov. 1, 1978, 92 Stat. 2365; Pub. L. 106–65, div. A, title III, § 354(2), Oct. 5, 1999, 113 Stat. 572; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(8)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294.) Editorial Notes REFERENCES IN TEXT The Defense Department Overseas Teachers Pay and Personnel Practices Act, referred to in subsec. (c)(1), is Pub. L. 86–91, July 17, 1959, 73 Stat. 213, which is classi- fied generally to chapter 25 (§ 901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 901 of this title and Tables. AMENDMENTS 2000—Subsec. (c)(6). Pub. L. 106–398 struck out ‘‘the’’ before ‘‘the Assistant Secretary of Defense’’. 1999—Pub. L. 106–65, § 354(2)(A), amended section catchline. Subsec. (a). Pub. L. 106–65, § 354(2)(A), added subsec. (a) and struck out former subsec. (a) which read as fol- lows: ‘‘(1) There is established within the Department of Defense an office to be known as the Office of Depend- ents’ Education. ‘‘(2) The Office of Dependents’ Education shall be headed by a Director of Dependents’ Education (herein- after in this chapter referred to as the ‘Director’), who shall be a civilian and who shall be selected by the Sec-