20 U.S.C. § 923a: Enrollment of certain…

Summary

Lets the Secretary of Defense allow certain children to attend schools in the defense dependents’ education system for free. It covers two groups: children of full‑time, locally hired Department of Defense workers overseas who are U.S. citizens or nationals, and children of foreign military members assigned to the Supreme Headquarters Allied Powers, Europe (only in Mons, Belgium) or to the United Nations Command (only in schools in South Korea or Japan). The Secretary can pay for these students using funds for the defense dependents’ education system. The Secretary must make rules that set how many children in the second group may enroll. That method must be based on the estimated total number of dependents under section 932(2) enrolled in those schools, and the Secretary must get advice from the geographic combatant commanders for those places. If more children in the second group want to enroll than the number the Secretary sets, the Secretary can still admit extra children for free when space is available, despite section 923(d)(2).

Title 20, §923a

Education, Source: USLM XML via OLRC

(a)Enrollment authorized

Under regulations to be prescribed by the Secretary of Defense, the Secretary may authorize the enrollment in schools of the defense dependents’ education system on a tuition-free basis of— (1)

(2)the children of foreign military members assigned to—

(A)the Supreme Headquarters Allied Powers, Europe, but only in a school of the defense dependents’ education system in Mons, Belgium; or

(B)the United Nations Command, but only in a school of the defense dependents’ education system in South Korea or Japan.

(b)Funding

The Secretary may use funds available for the defense dependents’ education system to provide for the education of children enrolled in the defense dependents’ education system under subsection (a).

(c)Special rules regarding enrollment of dependents of foreign military members

(1)In the regulations required by subsection (a), the Secretary shall prescribe a methodology based on the estimated total number of dependents of sponsors under section 932(2) of this title enrolled in schools of the defense dependents’ education system described in paragraph (2) of subsection (a) to determine the number of children described in that paragraph who will be authorized to enroll under such subsection. The Secretary shall prescribe such methodology with the advice and assistance of the commanders of the geographic combatant commands with jurisdiction over the locations described in paragraph (2) of subsection (a).

(2)If the number of children described in paragraph (2) of subsection (a) who seek enrollment in schools of the defense dependents’ education system exceeds the number authorized by the Secretary under paragraph (1), the Secretary may enroll the additional children on a space-available, tuition-free basis notwithstanding section 923(d)(2) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(2). Pub. L. 118–159, § 597(1), substituted “foreign military members assigned to—” for “a foreign military member assigned to”, designated remainder of existing provisions as subpar. (A), and added subpar. (B). Subsec. (c). Pub. L. 118–159, § 597(2)(A), struck out “assigned to Supreme Headquarters Allied Powers, Europe” after “members” in heading. Subsec. (c)(1). Pub. L. 118–159, § 597(2)(B), substituted “described in paragraph (2) of subsection (a) to determine the number of children described in that paragraph” for “in Mons, Belgium, to determine the number of children described in paragraph (2) of subsection (a)” in first sentence and “the commanders of the geographic combatant commands with jurisdiction over the locations described in paragraph (2) of subsection (a)” for “the commander of the geographic combatant command with jurisdiction over Mons, Belgium” in second sentence. Subsec. (c)(2). Pub. L. 118–159, § 597(2)(C), struck out “in Mons, Belgium,” after “education system”. 2009—Subsec. (a)(2). Pub. L. 111–84, § 535(a), struck out “, and only through the 2010–2011 school year” before period at end. Subsec. (c)(1). Pub. L. 111–84, § 535(b), inserted at end “The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.” 2008—Pub. L. 110–181, § 1063(e)(1), made technical correction to directory language of Pub. L. 109–163, § 571, which enacted this section. 2006—Subsec. (a). Pub. L. 109–364, § 571(a)(1), substituted “basis of—” for “basis of”, designated part of existing provisions as par. (1), substituted “; and” for period at end, and added par. (2). Subsec. (c). Pub. L. 109–364, § 571(a)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 Amendment Pub. L. 110–181, div. A, title X, § 1063(e), Jan. 28, 2008, 122 Stat. 323, provided that the amendment made by section 1063(e) of Pub. L. 110–181 is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

§923a Enrollment of Certain Additional Children on Tuition-free Basis