Title 10Armed ForcesRelease 119-73

§2164d Limitation on school closures and certain other actions with respect to schools operated by the Department of Defense Education Activity

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART III— - TRAINING AND EDUCATION › Chapter CHAPTER 108— - DEPARTMENT OF DEFENSE SCHOOLS › § 2164d

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense cannot close, shrink, move, or cut major services at a school run by the Department of Defense Education Activity (DoDEA) unless three things happen and then one year passes. The Secretary must give the Senate and House Armed Services Committees a written notice of the planned action, a report that explains and analyzes the plan, and a written promise that the DoDEA Director has met with and asked for feedback from students, parents, teachers, school leaders, military base leaders, and the local community. After those steps are done, at least one year must pass before the action happens. The rule covers shutting down or preparing to shut down a school, cutting 20 percent or more of enrollment spots, greatly reducing services (like classes, special education, or extracurriculars), or transferring the school to a local school district or another group outside DoD. The required report must show the money cost to the Department of Defense and explain how the change would affect students, curriculum, gifted and special education (including IEPs), Section 504 accommodations, the Exceptional Family Member Program, and nearby local school districts. Local educational agency: a local school district or similar public school authority.

Full Legal Text

Title 10, §2164d

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may not take any action described in subsection (b) with respect to a school operated by the Department of Defense Education Activity unless—
(1)the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives—
(A)written notice of the intent of the Secretary to take such action with respect to such school;
(B)the report required under subsection (c); and
(C)a written assurance that the Director of the Department of Defense Education Activity has met, engaged with, and solicited feedback from students, parents, teachers, administrators, military installation leadership, and the local community concerning the proposed action; and
(2)a period of one year has elapsed following the date on which the requirements under paragraph (1) have been met.
(b)The actions described in this subsection are the following:
(1)Closing or terminating the operations of a school.
(2)Preparing to close or terminate the operations of a school.
(3)Reducing by 20 percent or more the number of spaces available for enrollment in a school.
(4)Significantly reducing the services provided by a school, including—
(A)curriculum offerings;
(B)special education services; and
(C)extracurricular activities.
(5)Transferring or conveying a school to a local educational agency or any other entity outside the Department of Defense.
(c)Before taking any action described in subsection (b), the Secretary of Defense shall prepare a report containing a justification and analysis of such action. Such justification and analysis shall include an explanation of—
(1)the monetary costs to the Department of Defense of the action; and
(2)the effects of the action on—
(A)students;
(B)curriculum;
(C)gifted education programs;
(D)special education programs, including individualized education programs (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)));
(E)educational and other accommodations provided under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(F)the Exceptional Family Member Program; and
(G)local educational agencies in the area of the affected school.
(d)In this section, the term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Reference

Citations & Metadata

Citation

10 U.S.C. § 2164d

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73