Title 10, Armed ForcesRelease 119-110

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

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

Last updated Sep 22, 2026|Official source

Summary

Gives parents of children in schools run by the Department of Defense Education Activity clear rights and tells those schools what they must share and do. Parents can look over the school’s curriculum and instructional materials, be told if academic standards change, meet each child’s teacher at least twice each school year at a time both agree on, see the library’s book list, speak to the school advisory committee or board, get data about discipline when a student is suspended or expelled (unless the law bars it), and be told about any plans to cut gifted or accelerated programs. Schools must post course curricula, academic standards, and proposed changes on a public website; offer the teacher meetings and give parents notice at the start of the school year; give access to the online library catalog; notify parents promptly about plans to end gifted or accelerated programs; notify and get written parent consent before giving medical exams or screenings (except in an emergency when parents must be told right away and told why); and get written consent before collecting medical information and let parents inspect it on request. The right to see the school’s library list and the school duty to provide the online library catalog do not take effect until two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. Requirements do not apply if they would break a federal or State law. School advisory committees or boards must let parents speak to them at least four times a year. Definitions: “medical examination or screening” means a physical exam by a health care provider (not a non-clinical staff check); “school” means a DoD domestic dependent elementary or secondary school or any DoDEA-run elementary or secondary program for dependents.

Full Legal Text

Title 10, §2164a

Armed Forces, Source: USLM XML via OLRC

(a)In General.—
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)Disclosures and Notifications.—
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)Exceptions.—
(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)School Advisory Committees and Boards.—
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)Definitions.—
In this section: (1)
(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.

Legislative History

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.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 2164a

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110