§ 926. — School system for dependents in overseas areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC926]
TITLE 20--EDUCATION
CHAPTER 25A--OVERSEAS DEFENSE DEPENDENTS' EDUCATION
Sec. 926. School system for dependents in overseas areas
(a) Establishment and operation
The Secretary of Defense shall establish and operate a school system
for dependents in overseas areas as part of the defense dependents'
education system.
(b) Tuition and assistance when schools unavailable
(1) Under such circumstances as the Secretary of Defense may
prescribe in regulations, the Secretary may provide tuition to allow
dependents in an overseas area where a school operated by the Secretary
is not reasonably available to attend schools other than schools
established under subsection (a) of this section on a tuition-free
basis. Any school to which tuition is paid under this subsection to
allow a dependent in an overseas area to attend such school shall
provide an educational program satisfactory to the Secretary.
(2)(A) The Secretary of Defense, and the Secretary of Homeland
Security with respect to the Coast Guard when it is not operating as a
service of the Navy, may provide financial assistance to sponsors of
dependents in overseas areas where schools operated by the Secretary of
Defense under subsection (a) of this section are not reasonably
available in order to assist the sponsors to defray the costs incurred
by the sponsors for the attendance of the dependents at schools in such
areas other than schools operated by the Secretary of Defense.
(B) The Secretary of Defense and the Secretary of Homeland Security
shall each prescribe regulations relating to the availability of
financial assistance under subparagraph (A). Such regulations shall, to
the maximum extent practicable, be consistent with Department of State
regulations relating to the availability of financial assistance for the
education of dependents of Department of State personnel overseas.
(c) Continuation of enrollment for certain dependents of members of
Armed Forces involuntarily separated
(1) A member of the Armed Forces serving on active duty on September
30, 1990, who is involuntarily separated during the period beginning on
October 1, 1990, and ending on December 31, 2001, and who has a
dependent described in paragraph (2) who is enrolled in a school of the
defense dependents' education system (or a school for which tuition is
provided under subsection (b) of this section) on the date of that
separation shall be eligible to enroll or continue the enrollment of
that dependent at that school (or another school serving the same
community) for the final year of secondary education of that dependent
in the same manner as if the member were still on active duty.
(2) A dependent referred to in paragraph (1) is a dependent who on
the date of the separation of the member has completed the eleventh
grade and is likely to complete secondary education within the one-year
period beginning on that date.
(d) Auxiliary services available to home school students
(1) A dependent who is educated in a home school setting, but who is
eligible to enroll in a school of the defense dependents' education
system, shall be permitted to use or receive auxiliary services of that
school without being required to either enroll in that school or
register for a minimum number of courses offered by that school. The
dependent may be required to satisfy other eligibility requirements and
comply with standards of conduct applicable to students actually
enrolled in that school who use or receive the same auxiliary services.
(2) For purposes of paragraph (1), the term ``auxiliary services''
includes use of academic resources, access to the library of the school,
after hours use of school facilities, and participation in music,
sports, and other extracurricular and interscholastic activities.
(Pub. L. 95-561, title XIV, Sec. 1407, Nov. 1, 1978, 92 Stat. 2367; Pub.
L. 101-510, div. A, title V, Sec. 504(a), Nov. 5, 1990, 104 Stat. 1559;
Pub. L. 103-160, div. A, title V, Sec. 561(n), Nov. 30, 1993, 107 Stat.
1668; Pub. L. 105-261, div. A, title V, Sec. 561(k), title VI, Sec. 657,
Oct. 17, 1998, 112 Stat. 2026, 2054; Pub. L. 106-398, Sec. 1 [[div. A],
title V, Sec. 571(k)], Oct. 30, 2000, 114 Stat. 1654, 1654A-135; Pub. L.
107-107, div. A, title III, Sec. 353, Dec. 28, 2001, 115 Stat. 1063;
Pub. L. 107-296, title XVII, Sec. 1704(e)(7), Nov. 25, 2002, 116 Stat.
2315.)
Codification
Section is comprised of section 1407 of Pub. L. 95-561. Subsec. (e),
formerly subsec. (c), of section 1407 enacted section 429 of Title 37,
Pay and Allowances of the Uniformed Services.
Amendments
2002--Subsec. (b)(2). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation'' in two places.
2001--Subsec. (d). Pub. L. 107-107 added subsec. (d) and
redesignated former subsec. (d) as (e). See Codification note above.
2000--Subsec. (c)(1). Pub. L. 106-398 substituted ``December 31,
2001'' for ``September 30, 2001''.
1998--Subsec. (b). Pub. L. 105-261, Sec. 657, inserted heading,
designated existing provisions as par. (1), substituted ``Under such
circumstances as the Secretary of Defense may prescribe in regulations,
the Secretary'' for ``Under such circumstances as he may by regulation
prescribe, the Secretary of Defense'', and added par. (2).
Subsec. (c)(1). Pub. L. 105-261, Sec. 561(k), substituted ``during
the period beginning on October 1, 1990, and ending on September 30,
2001'' for ``during the nine-year period beginning on October 1, 1990''.
1993--Subsec. (c)(1). Pub. L. 103-160 substituted ``nine-year
period'' for ``five-year period''.
1990--Subsec. (c). Pub. L. 101-510 added subsec. (c) and
redesignated former subsec. (c) as (d). See Codification note above.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
