Title 20EducationRelease 119-83

§923 Space-available Enrollment of Students; Tuition

Title 20 › Chapter 25A— OVERSEAS DEFENSE DEPENDENTS’ EDUCATION › § 923

Last updated Apr 18, 2026|Official source

Summary

The Director can allow a child who is not normally eligible to attend a school in the Defense Dependents’ Education System if there is room in the school. If allowed to enroll, the child must usually pay tuition set by the Secretary of Defense. That tuition cannot be less than the rate needed to cover the average cost of enrolling these children. Money collected from tuition goes to the school system to help pay those costs. The Secretary of Defense can make rules that name which groups of children can enroll when space is available, set enrollment priorities, and sometimes waive tuition for certain groups. The rules must treat two kinds of children of reserve members on active duty under section 12301 or 12302 the same: those whose parent was ordered to active duty from inside the United States (not Alaska or Hawaii) but is serving outside the United States or in Alaska or Hawaii, and those whose parent was ordered from outside the United States (or from Alaska or Hawaii) and is serving outside the United States or in Alaska or Hawaii. The Secretary may also allow children of certain U.S. officers and employees stationed overseas (except civilian sponsors under section 932(2)), contractor employees overseas, certain U.S. or foreign nationals if it is in the national interest, and full-time American Red Cross employees serving the Armed Forces to enroll, but the Secretary cannot waive tuition for these groups.

Full Legal Text

Title 20, §923

Education — Source: USLM XML via OLRC

(a)Subject to subsection (b) and in accordance with regulations issued under subsection (c), 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)(1)Except as otherwise provided under subsection (c), 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)(1)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) with respect to any such class, and issue such other regulations as may be necessary to carry out this section.
(2)(A)The Secretary shall include in the regulations prescribed under this subsection a requirement that children in the class of children described in subparagraph (B) shall be subject to the same tuition requirements, or waiver of tuition requirements, as children in the class of children described in subparagraph (C).
(B)The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who—
(i)are on active duty under an order to active duty under section 12301 or 12302 of title 10;
(ii)were ordered to active duty from a location in the United States (other than in Alaska or Hawaii); and
(iii)are serving on active duty outside the United States or in Alaska or Hawaii.
(C)The class of children described in this subparagraph are children of members of reserve components of the Armed Forces who—
(i)are on active duty under an order to active duty under section 12301 or 12302 of title 10;
(ii)were ordered to active duty from a location outside the United States (or in Alaska or Hawaii); and
(iii)are serving on active duty outside the United States or in Alaska or Hawaii.
(d)(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.
(D)Children of employees of the American Red Cross who—
(i)are performing, on a full-time basis, services for the Armed Forces, including emergency services; and
(ii)reside in an overseas area supported by a school of the defense dependents’ education system.
(2)Notwithstanding subsection (c), the Secretary may not waive the tuition requirements of subsection (b)(1) with respect to children referred to in paragraph (1).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (d)(1)(D). Pub. L. 119–60 added subpar. (D). 2003—Pub. L. 108–136, § 563(b), substituted “Space-available enrollment of students; tuition” for “Tuition-paying students” in section catchline. Subsec. (c). Pub. L. 108–136, § 563(a), designated existing provisions as par. (1) and added par. (2). 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 1989 Amendment Pub. L. 101–189, div. A, title III, § 325(c), Nov. 29, 1989, 103 Stat. 1415, 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.”

Reference

Citations & Metadata

Citation

20 U.S.C. § 923

Title 20Education

Last Updated

Apr 18, 2026

Release point: 119-83