§ 921. — Defense dependents' education system.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC921]
TITLE 20--EDUCATION
CHAPTER 25A--OVERSEAS DEFENSE DEPENDENTS' EDUCATION
Sec. 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'
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) of this section receive an
education of high quality.
(2) In establishing the defense dependents' education system under
subsection (a) of this section, 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) of this section 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 determines appropriate.
(3) The amounts received by the Secretary in payment of the fees
shall be available to the Department of Defense for defraying the costs
of conducting summer school programs under this subsection.
(Pub. L. 95-561, title XIV, Sec. 1402, Nov. 1, 1978, 92 Stat. 2365; Pub.
L. 99-145, title XII, Sec. 1204(b)(1), Nov. 8, 1985, 99 Stat. 720; Pub.
L. 102-484, div. A, title III, Sec. 382, Oct. 23, 1992, 106 Stat. 2392;
Pub. L. 106-65, div. A, title III, Sec. 354(1), Oct. 5, 1999, 113 Stat.
572; Pub. L. 107-314, div. A, title III, Sec. 343, Dec. 2, 2002, 116
Stat. 2515.)
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, as amended, known as the Defense Dependents' Education Act of
1978, which enacted this chapter, section 429 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
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 determined
on the basis of family income.''
1999--Subsec. (b)(1). Pub. L. 106-65 substituted ``to receive'' for
``to recieve''.
1992--Subsec. (d). Pub. L. 102-484 added subsec. (d).
1985--Subsec. (c). Pub. L. 99-145 added subsec. (c).
Effective Date
Section 1415 of title XIV of Pub. L. 95-561 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) [enacting 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 provision 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
department having responsibility for education.''
Short Title
Section 1401 of title XIV of Pub. L. 95-561 provided that: ``This
title [enacting this chapter, section 429 of Title 37, Pay and
Allowances of the Uniformed Services, and section 1769b of Title 42, The
Public 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 Dependents' Education Act of 1978'.''
Pilot Program on Private Operation of Defense Dependents' Schools
Pub. L. 104-106, div. A, title III, Sec. 355, Feb. 10, 1996, 110
Stat. 269, provided that:
``(a) Pilot Program.--The Secretary of Defense may conduct a pilot
program to evaluate the feasibility of using private contractors to
operate schools of the defense dependents' education system established
under section 1402(a) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 921(a)).
``(b) Selection of School for Program.--If the Secretary conducts
the pilot program, the Secretary shall select one school of the defense
dependents' education system for participation in the program and
provide for the operation of the school by a private contractor for not
less than one complete school year.
``(c) Report.--Not later than 30 days after the end of the first
school year in which the pilot program is conducted, the Secretary shall
submit to Congress a report on the results of the program. The report
shall include the recommendation of the Secretary with respect to the
extent to which other schools of the defense dependents' education
system should be operated by private contractors.''
Section Referred to in Other Sections
This section is referred to in section 927 of this title; title 10
section 2164.
