§2164a — Title 10 Armed Forces | U.S. Code

Summary

Parents of children in schools run by the Department of Defense Education Activity have several clear rights. They can see the school’s curriculum and must be told if academic standards or learning goals change. They can meet each of their child’s teachers at least twice a year. They can review classroom materials and the school’s library book list. They can speak to the school advisory committee or school board. They can get data about discipline, including suspensions or expulsions, unless the law forbids it. They must be notified if gifted or accelerated programs are planned to be cut. Schools must post course curricula and academic standards on a public website and show proposed changes. Schools must offer and notify parents of in-person meetings with each teacher at least twice a year. Schools must give access to an online library catalog and timely notice about cutting gifted programs. Schools must notify parents and get written consent before medical exams or health screenings, except in true emergencies when parents must be told quickly afterwards and why. Schools must get consent before collecting medical information and allow parents to inspect it. The library-list and online catalog rules take effect two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. These requirements do not apply if they would violate federal or state law. Definitions: “Medical examination or screening” means a physical exam by a health care provider and does not include meetings with non-clinical school staff. “School” means a DoD domestic dependent elementary or secondary school or any DoDEA-run elementary or secondary school or program for dependents.

Title 10, §2164a

Armed Forces — Source: USLM XML via OLRC

(a)The parent of a child who attends a school operated by the Department of Defense Education Activity has the following rights:

(1)The right to review the curriculum of the school.

(2)The right to be informed if the school or the Department of Defense Education Activity alters the school’s academic standards or learning benchmarks.

(3)The right to meet with each teacher of their child not less than twice during each school year.

(4)The right to review all instructional materials used by their students.

(5)The right to inspect a list of the books and other reading materials contained in the library of the school.

(6)The right to address the school advisory committee or the school board.

(7)The right to data about the school’s discipline policy and any disciplinary action that results in a suspension or expulsion from the school, unless such disclosure is prohibited by law.

(8)The right to information about any plans to eliminate gifted and talented programs or accelerated coursework at the school.

(b)Consistent with the parental rights specified in subsection (a) and except as provided by subsection (c), a school operated by the Department of Defense Education Activity shall—

(1)post on a publicly accessible website of the school—

(A)the curriculum for each course and grade level;

(B)the academic standards or other learning benchmarks used by the school; and

(C)notice of any proposed revisions to such standards or benchmarks and a copy of any such revisions;

(2)provide the parent of a child attending the school with—

(A)the opportunity to meet in person with each teacher of their child not less frequently than twice during each school year at a time mutually agreed upon by both parties; and

(B)notice of such opportunity at the beginning of each school year;

(3)provide parents access to the online school library catalog;

(4)notify parents in a timely manner of any plans to eliminate gifted and talented programs or accelerated coursework at the school;

(5)except as provided by paragraph (6) or subsection (c), notify parents of any medical examinations or screenings the school may administer to their child and receive written consent from parents for any such examination or screening prior to conducting the examination or screening;

(6)in the event of an emergency that requires a medical examination or screening without time for parental notification, promptly notify parents of such examination or screening and provide an explanation of the emergency that prevented notification prior to such examination or screening; and

(7)notify parents of any medical information that will be collected on their child, receive written parental consent prior to collecting such information, and provide parents an opportunity to inspect such information at the parent’s request.

(c)(1)Paragraph (5) of subsection (a) and paragraph (3) of subsection (b) shall not be effective until the day that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.

(2)A requirement set forth in subsection (b) shall not apply in a case in which the requirement would violate any applicable provision of a Federal or State statute or regulation.

(d)Not less frequently than four times per year, a school advisory committee or school board for a school operated by the Department of Defense Education Activity shall provide parents of children attending the school with the opportunity to address the advisory committee or school board on any matters relating to the school or the educational services provided to their children.

(e)In this section:

(1)The term “medical examination or screening”—

(A)means a physical examination provided by a health care provider; and

(B)does not include an evaluation by, or an encounter with, non-clinical school staff.

(2)The term “school” means—

(A)a Department of Defense domestic dependent elementary or secondary school, as described in section 2164 of this title; or

(B)any elementary or secondary school or program for dependents operated by the Department of Defense Education Activity.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Statutory Notes and Related Subsidiaries

Parental Right to Notice of Student Nonproficiency in Reading or Language Arts Pub. L. 118–159, div. A, title V, § 599B, Dec. 23, 2024, 138 Stat. 1923, provided that: “The Secretary of Defense shall ensure that each elementary school operated by the Department of Defense Education Activity notifies the parents of any student enrolled in such school when the student does not score as grade-level proficient in reading or language arts at the end of the third grade based on the reading or language arts assessments administered under section 1111(b)(2)(B)(v)(I)(aa) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(v)(I)(aa)) or another assessment administered to all third grade students by such school.”

§2164a Rights of Parents of Children Attending Schools Operated by the Department of Defense Education Activity