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§ 923. —  Tuitionpaying students.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 20USC923]

 
                           TITLE 20--EDUCATION
 
           CHAPTER 25A--OVERSEAS DEFENSE DEPENDENTS' EDUCATION
 
Sec. 923. Tuition-paying students


(a) Enrollment of ineligible child in system school

    Subject to subsection (b) of this section and in accordance with 
regulations issued under subsection (c) of this section, the Director 
may authorize the enrollment in a school of the defense dependents' 
education system of a child not otherwise eligible to enroll in such a 
school if and to the extent that there is space available for such child 
in the school.

(b) Determination of amount of tuition; use of payments

    (1) Except as otherwise provided under subsection (c) of this 
section, any child permitted to enroll in a school of the defense 
dependents' education system under this section shall be required to pay 
tuition at a rate determined by the Secretary of Defense, which shall 
not be less than the rate necessary to defray the average cost of the 
enrollment of children in the system under this section.
    (2) Amounts received under paragraph (1) shall be available to the 
defense dependents' education system to assist in defraying the cost of 
enrollment of children in the system under this section.

(c) Regulations respecting enrollment requirements

    The Secretary of Defense may by regulation identify classes of 
children who shall be eligible to enroll in schools of the defense 
dependents' education system under this section if and to the extent 
that there is space available, establish priorities among such classes, 
waive the tuition requirement of subsection (b)(1) of this section with 
respect to any such class, and issue such other regulations as may be 
necessary to carry out this section.

(d) Enrollment of certain children in overseas schools

    (1) The Secretary of Defense may authorize the enrollment in schools 
of the defense dependents' education system of children in the following 
classes:
        (A) Children of officers and employees of the United States 
    (other than civilian officers and employees who are sponsors under 
    section 932(2) of this title) stationed in overseas areas.
        (B) Children of employees of contractors employed in carrying 
    out work for the United States in overseas areas.
        (C) Children of other citizens or nationals of the United States 
    or of foreign nationals, if the Secretary determines that enrollment 
    of such children is in the national interest.

    (2) Notwithstanding subsection (c) of this section, the Secretary 
may not waive the tuition requirements of subsection (b)(1) of this 
section with respect to children referred to in paragraph (1).

(Pub. L. 95-561, title XIV, Sec. 1404, Nov. 1, 1978, 92 Stat. 2366; Pub. 
L. 99-145, title XII, Sec. 1205, Nov. 8, 1985, 99 Stat. 721; Pub. L. 
101-189, div. A, title III, Sec. 325(b), Nov. 29, 1989, 103 Stat. 1415.)


                               Amendments

    1989--Subsec. (d)(1)(A). Pub. L. 101-189 substituted ``(other than 
civilian officers and employees who are sponsors under section 932(2) of 
this title)'' for ``(including employees of nonappropriated fund 
activities of the Department of Defense)''.
    1985--Subsec. (d). Pub. L. 99-145 added subsec. (d).


                    Effective Date of 1989 Amendment

    Section 325(c) of Pub. L. 101-189 provided that: ``The amendments 
made by this section [amending this section and section 932 of this 
title] shall apply with respect to periods of enrollment in schools of 
the defense dependents' education system beginning after September 30, 
1989.''



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