10 U.S.C. § 2164
10 U.S.C. § 2164
EDITORIAL NOTES
REFERENCES IN TEXTThe effective date of this section, referred to in subsec. (e)(3)(B), is the date of enactment of Pub. L. 103-337 which was approved Oct. 5, 1994. The Individuals with Disabilities Education Act, referred to in subsec. (f)(1), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, as amended. Parts B and C of the Act are classified generally to subchapters II (§1411 et seq.) and III (§1431 et seq.), respectively, of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.Section 6(a) of Public Law 81-874 ( 20 U.S.C. 241(a) ), referred to in subsec. (f)(2), was repealed by Pub. L. 103-382, §331(b), Oct. 20, 1994, 108 Stat. 3965.
AMENDMENTS2022-Subsec. (d)(6). Pub. L. 117-286 substituted "chapter 10 of title 5, but may close meetings in accordance with chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.), but may close meetings in accordance with such Act." 2013-Subsecs. (k), (l). Pub. L. 112-239 added subsecs. (k) and (l).Subsec. (l)(3). Pub. L. 113-66 added par. (3).2011-Subsec. (a)(3). Pub. L. 111-383 added par. (3).2009-Subsec. (j). Pub. L. 111-84 added subsec. (j).2004-Subsec. (f)(1)(B). Pub. L. 108-446, §305(a)(1), substituted "infants or toddlers" for "infants and toddlers" in two places, "part C" for "part H", and "1431 et seq." for "1471 et seq.".Subsec. (f)(3)(A). Pub. L. 108-446, §305(a)(2)(A), substituted "section 602" for "section 602(a)(1)" and "1401" for "1401(a)(1)".Subsec. (f)(3)(B). Pub. L. 108-446, §305(a)(2)(D), substituted "or toddlers" for "and toddlers", "632" for "672(1)", and "1432" for "1472(1)". Pub. L. 108-446, §305(a)(2)(B), (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which defined the term "children with disabilities aged 3 to 5, inclusive".Subsec. (f)(3)(C). Pub. L. 108-446, §305(a)(2)(C), redesignated subpar. (C) as (B). 2000-Subsec. (i). Pub. L. 106-398 added subsec. (i).1999-Subsec. (c)(3). Pub. L. 106-65, §353(1), struck out par. (3) which read as follows: "A dependent of a Federal employee may continue enrollment in a program under this subsection for the remainder of a school year notwithstanding a change during such school year in the status of the Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The preceding sentence does not limit the authority of the Secretary to remove the dependent from enrollment in the program at any time for good cause determined by the Secretary."Subsec. (d)(1). Pub. L. 106-65, §352, inserted at end "The Secretary may provide for the establishment of one school board for all such schools in the Commonwealth of Puerto Rico and one school board for all such schools in Guam instead of one school board for each military installation in those locations." Subsec. (h). Pub. L. 106-65, §353(2), added subsec. (h).1998-Subsec. (a). Pub. L. 105-261, §371(a)(1), (2), designated first sentence as par. (1) and second sentence as par. (2).Subsec. (a)(2). Pub. L. 105-261, §371(a)(3), inserted at end "If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member's orders, may be enrolled in an educational program provided by the Secretary under this subsection."Subsec. (c)(1). Pub. L. 105-261, §371(c)(1), designated existing provisions as subpar. (A) and added subpar. (B).Subsec. (c)(2)(B). Pub. L. 105-261, §371(b), added subpar. (B) and struck out former subpar. (B) which read as follows: "A dependent referred to in subparagraph (A) may be enrolled in the program for more than five consecutive school years if the Secretary determines that, in the interest of the dependent's educational well-being, there is good cause to extend the enrollment for more than the five-year period described in such subparagraph. Any such extension may be made for only one school year at a time."Subsec. (c)(2)(D). Pub. L. 105-261, §371(c)(2), added subpar. (D).1996-Subsec. (d)(7). Pub. L. 104-201 added par. (7).Subsec. (e)(4). Pub. L. 104-106 added par. (4).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113-66, div. A, title V, §553(b), Dec. 26, 2013, 127 Stat. 764, provided that: "The amendment made by subsection (a) [amending this section] shall apply only with respect to tuition payments received under section 2164(l) of title 10, United States Code, for enrollments authorized by such section, after the date of the enactment of this Act [Dec. 26, 2013], in the virtual elementary and secondary education program of the Department of Defense education program."
EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-261, div. A, title III, §371(c)(3), Oct. 17, 1998, 112 Stat. 1989, provided that: "The amendments made by this subsection [amending this section] shall apply with respect to academic years beginning on or after the date of the enactment of this Act [Oct. 17, 1998]."
SAVINGS PROVISION Pub. L. 103-337, div. A, title III, §351(c), Oct. 5, 1994, 108 Stat. 2730, provided that: "Nothing in section 2164 of title 10, United States Code, as added by subsection (a), shall be construed as affecting the rights in existence on the date of the enactment of this Act [Oct. 5, 1994] of an employee of any school established under such section (or any other provision of law enacted before the date of the enactment of this Act that established a similar school) to negotiate or bargain collectively with the Secretary with respect to wages, hours, and other terms and conditions of employment."
TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107-296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114-125, and section 802(b) of Pub. L. 114-125, set out as a note under section 211 of Title 6.
PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS Pub. L. 116-283, div. A, title V, §589C, Jan. 1, 2021, 134 Stat. 3659, as amended by Pub. L. 117-263, div. A, title V, §572(a), Dec. 23, 2022, 136 Stat. 2601, provided that:"(a) PILOT PROGRAM AUTHORIZED.-Beginning not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall carry out a pilot program under which a dependent of a full-time, active-duty member of the Armed Forces may enroll in a covered DODEA school at the military installation to which the member is assigned, on a space-available basis as described in subsection (c), without regard to whether the member resides on the installation as described in [section] 2164(a)(1) of title 10, United States Code."(b) PURPOSES.-The purposes of the pilot program under this section are- "(1) to evaluate the feasibility and advisability of expanding enrollment in covered DODEA schools; and "(2) to determine how increased access to such schools will affect military and family readiness."(c) ENROLLMENT ON SPACE-AVAILABLE BASIS.-A student participating in the pilot program under this section may be enrolled in a covered DODEA school only if the school has the capacity to accept the student, as determined by the Director of the Department of Defense Education Activity."(d) LOCATIONS.-The Secretary of Defense shall carry out the pilot program under this section at not more than four military installations at which covered DODEA schools are located. The Secretary shall select military installations for participation in the program based on-"(1) the readiness needs of the Secretary of a the military department concerned; and"(2) the capacity of the DODEA schools located at the installation to accept additional students, as determined by the Director of the Department of Defense Education Activity."(e) TERMINATION.-The authority to carry out the pilot program under this section shall terminate on July 1, 2029. "(f) COVERED DODEA SCHOOL DEFINED.-In this Section, the term 'covered DODEA school' means a domestic dependent elementary or secondary school operated by the Department of Defense Education Activity that- "(1) has been established on or before the date of the enactment of this Act; and"(2) is located in the continental United States."
PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR DEPARTMENT OF DEFENSE EDUCATION ACTIVITY VIRTUAL HIGH SCHOOL PROGRAM Pub. L. 116-283, div. A, title V, §589D, Jan. 1, 2021, 134 Stat. 3660, provided that:"(a) PILOT PROGRAM REQUIRED.- "(1) IN GENERAL.-The Secretary of Defense shall carry out a pilot program on permitting dependents of members of the Armed Forces on active duty to enroll in the Department of Defense Education Activity Virtual High School program (in this section referred to as the 'DVHS program'). "(2) PURPOSES.-The purposes of the pilot program shall be as follows:"(A) To evaluate the feasibility and scalability of the DVHS program."(B) To assess the impact of expanded enrollment in the DVHS program under the pilot program on military and family readiness."(3) DURATION.-The duration of the pilot program shall be four academic years."(b) PARTICIPANTS.- "(1) IN GENERAL.-Participants in the pilot program shall be selected by the Secretary from among dependents of members of the Armed Forces on active duty who-"(A) are in a grade 9 through 12; "(B) are currently ineligible to enroll in the DVHS program; and"(C) either-"(i) require supplementary courses to meet graduation requirements in the current State of residence; or"(ii) otherwise demonstrate to the Secretary a clear need to participate in the DVHS program."(2) PREFERENCE IN SELECTION.-In selecting participants in the pilot program, the Secretary shall afford a preference to the following:"(A) Dependents who reside in a rural area."(B) Dependents who are home-schooled students."(3) LIMITATIONS.-The total number of course enrollments per academic year authorized under the pilot program may not exceed 400 course enrollments. No single dependent participating in the pilot program may take more than two courses per academic year under the pilot program."(c) REPORTS.-"(1) INTERIM REPORT.-Not later than two years after the date of the enactment of this Act [Jan. 1, 2021], the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program."(2) FINAL REPORT.-Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a final report on the pilot programs."(3) ELEMENTS.-Each report under this subsection shall include the following:"(A) A description of the demographics of the dependents participating in the pilot program through the date of such report."(B) Data on, and an assessment of, student performance in virtual coursework by dependents participating in the pilot program over the duration of the pilot program."(C) Such recommendation as the Secretary considers appropriate on whether to make the pilot program permanent."(d) DEFINITIONS.-In this section:"(1) The term 'rural area' has the meaning given the term in section 520 of the Housing Act of 1949 (42 U.S.C. 1490). "(2) The term 'home-schooled student' means a student in a grade equivalent to grade 9 through 12 who receives educational instruction at home or by other non-traditional means outside of a public or private school system, either all or most of the time."
PILOT PROGRAM ON ENHANCED CIVICS EDUCATION Pub. L. 116-92, div. A, title II, §234, Dec. 20, 2019, 133 Stat. 1278, as amended by Pub. L. 116-283, div. A, title X, §1081(c)(1), Jan. 1, 2021, 134 Stat. 3873, provided that:"(a) IN GENERAL.-The Secretary of Defense, in consultation with the Secretary of Education, shall carry out a pilot program under which the Secretary provides enhanced educational support and funding to eligible entities to improve civics education programs taught by such entities."(b) PURPOSE.-The purpose of the pilot program is to provide enhanced civics education on the following topics: "(1) Critical thinking and media literacy."(2) Voting and other forms of political and civic engagement. "(3) Interest in employment, and careers, in public service. "(4) Understanding of United States law, history, and Government."(5) The ability of participants to collaborate and compromise with others to solve problems. "(c) CONSIDERATIONS.-In carrying out the pilot program, the Secretary of Defense shall consider innovative approaches for improving civics education. "(d) METRICS AND EVALUATIONS.-The Secretary of Defense shall establish metrics and undertake evaluations to determine the effectiveness of the pilot program, including each of the activities carried out under subsection (e)."(e) TYPES OF SUPPORT AUTHORIZED.-Under the pilot program the Secretary of Defense- "(1) shall provide support to eligible entities to address, at a minimum-"(A) the development or modification of curricula relating to civics education;"(B) classroom activities, thesis projects, individual or team projects, internships, or community service activities relating to civics;"(C) collaboration with government entities, nonprofit organizations, or consortia of such entities and organizations to provide participants with civics-related experiences;"(D) civics-related faculty development programs;"(E) recruitment of educators who are highly qualified in civics education to teach civics or to assist with the development of curricula for civics education;"(F) presentation of seminars, workshops, and training for the development of skills associated with civic engagement;"(G) activities that enable participants to interact with government officials and entities;"(H) expansion of civics education programs and outreach for members of the Armed Forces, dependents and children of such members, and employees of the Department of Defense; and"(I) opportunities for participants to obtain work experience in fields relating to civics; and"(2) may provide any other form of support the Secretary determines to be appropriate to enhance the civics education taught by eligible entities."(f) REPORT.-Not later than 180 days after the conclusion of the first full academic year during which the pilot program is carried out, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes-"(1) a description of the pilot program, including a description of the specific activities carried out under subsection (e); and"(2) the metrics and evaluations used to assess the effectiveness of the program as required under subsection (d)."(g) DEFINITIONS.-In this section:"(1) The term 'civics education program' means an educational program that provides participants with-"(A) knowledge of law, government, and the rights of citizens; and "(B) skills that enable participants to responsibly participate in democracy."(2) The term 'eligible entity' means any of following:"(A) A local education agency that hosts a unit of the Junior Reserve Officers' Training Corps."(B) A school operated by the Department of Defense Education Activity." [Pub. L. 116-283, div. A, title X, §1081(c), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(c)(1) of Pub. L. 116-283 to section 234 of Pub. L. 116-92, set out above, is effective as of Dec. 20, 2020 (probably should be Dec. 20, 2019) and as if included in Pub. L. 116-92.]
SUPPORT FOR WORLD LANGUAGE ADVANCEMENT AND READINESS Pub. L. 116-92, div. A, title XVII, §1751, Dec. 20, 2019, 133 Stat. 1849, provided that:"(a) PROGRAM AUTHORITY.-"(1) IN GENERAL.-The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Education, may carry out a program under which the Secretary may provide support to eligible entities for the establishment, improvement, or expansion of world language study for elementary school and secondary school students."(2) SPECIAL REQUIREMENTS FOR LOCAL EDUCATIONAL AGENCIES.-In providing support under paragraph (1) to an eligible entity that is a local educational agency, the Secretary of Defense shall support programs that-"(A) show the promise of being continued after such support is no longer available;"(B) demonstrate approaches that can be disseminated to and duplicated in other local educational agencies; and"(C) may include a professional development component."(3) APPLICATIONS.-"(A) IN GENERAL.-To be considered for support under paragraph (1), an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information and assurances as the Secretary may require."(B) SPECIAL CONSIDERATION.-The Secretary of Defense shall give special consideration to applications describing programs that-"(i) include intensive summer world language programs for professional development of world language teachers; "(ii) link nonnative English speakers in the community with the schools in order to promote two-way language learning;"(iii) promote the sequential study of a world language for students, beginning in elementary schools;"(iv) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, to promote world language study;"(v) promote innovative activities, such as dual language immersion, partial world language immersion, or content-based instruction; and"(vi) are carried out through a consortium comprised of the eligible entity receiving the grant, an elementary school or secondary school, and an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001))."(b) DEFINITIONS.-In this section:"(1) ELIGIBLE ENTITY.-The term 'eligible entity' means the following:"(A) A local educational agency that hosts a unit of the Junior Reserve Officers' Training Corps. "(B) A school operated by the Department of Defense Education Activity."(2) ESEA TERMS.-The terms 'elementary school', 'local educational agency' and 'secondary school' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)."(3) WORLD LANGUAGE.-The term 'world language' means-"(A) any natural language other than English, including-"(i) languages determined by the Secretary of Defense to be critical to the national security interests of the United States;"(ii) classical languages;"(iii) American sign language; and"(iv) Native American languages; and"(B) any language described in subparagraph (A) that is taught in combination with English as part of a dual language or immersion learning program."
- includes
- "includes" means "includes but is not limited to"; and
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- possessions
- The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.