§ 2164.
(a)
Authority of Secretary.—
(1)
If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees.
(2)
The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to enroll in an educational program provided by the Secretary pursuant to this subsection. 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.
(3)
(A)
Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation.
(B)
Subparagraph (A) applies only if—
(i)
the dependents reside in temporary housing (regardless of whether the temporary housing is on Federal property)—
(I)
because of the unavailability of adequate permanent living quarters on the military installation to which the member is assigned; or
(II)
while the member is wounded, ill, or injured; and
(ii)
the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents.
(d)
School Advisory Committees.—
(1)
The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall provide for the establishment of an advisory committee for each Department of Defense elementary or secondary school established at a military installation under this section.
(2)
An advisory committee established under paragraph (1) for a school at a military installation—
(A)
shall advise the principal or superintendent of the school with respect to the operation of the school;
(B)
may make recommendations with respect to curriculum and budget matters; and
(C)
except in the case of an advisory committee for a school on a military installation described in paragraph (4), shall advise the commander of the military installation with respect to problems concerning the education of dependents within the jurisdiction of the commander.
(3)
(A)
The membership of each advisory committee established for a school described in paragraph (1)—
(i)
shall include an equal number of parents of students enrolled in the school and of employees working at the school; and
(ii)
when appropriate, may include a student enrolled in the school.
(B)
In addition to the members described in subparagraph (A), the membership of each advisory committee shall include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the employees working at the school.
(4)
In the case of a military installation where there is more than one school in the Department of Defense elementary and secondary school system, the Secretary, acting through the Director, shall provide for the establishment of an advisory committee for the military installation to advise the commander of the military installation with respect to the education of dependents.
(5)
(A)
Except in the case of a nonvoting member designated under paragraph (3)(B), members of an advisory committee established under this subsection shall be elected by individuals of voting age residing in the area to be served by the advisory committee.
(B)
The Secretary, acting through the Director, shall by regulation prescribe the qualifications for election to an advisory committee established under this subsection and procedures for conducting elections of members to such an advisory committee.
(6)
Members of an advisory committee established under this subsection shall serve without pay.
(h)
Continuation of Enrollment Despite Change in Status.—
(1)
The Secretary of Defense shall permit a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) for the remainder of a school year notwithstanding a change during such school year in the status of the member or Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.
(2)
The Secretary may, for good cause, authorize a dependent of a member of the armed forces or a dependent of a Federal employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) notwithstanding a change in the status of the member or employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The enrollment may continue for as long as the Secretary considers appropriate.
(3)
Paragraphs (1) and (2) do not limit the authority of the Secretary to remove a dependent from enrollment in an educational program provided by the Secretary pursuant to subsection (a) at any time for good cause determined by the Secretary.
(Added [Pub. L. 103–337, div. A, title III, § 351(a)], Oct. 5, 1994, [108 Stat. 2727]; amended [Pub. L. 104–106, div. A, title X, § 1075], Feb. 10, 1996, [110 Stat. 450]; [Pub. L. 104–201, div. A, title XVI, § 1608], Sept. 23, 1996, [110 Stat. 2737]; [Pub. L. 105–261, div. A, title III, § 371(a)]–(c)(2), Oct. 17, 1998, [112 Stat. 1988], 1989; [Pub. L. 106–65, div. A, title III], §§ 352, 353, Oct. 5, 1999, [113 Stat. 572]; [Pub. L. 106–398, § 1 [[div. A]], title III, § 361], Oct. 30, 2000, [114 Stat. 1654], 1654A–76; [Pub. L. 108–446, title III, § 305(a)], Dec. 3, 2004, [118 Stat. 2804]; [Pub. L. 111–84, div. A, title V, § 534], Oct. 28, 2009, [123 Stat. 2292]; [Pub. L. 111–383, div. A, title V, § 561], Jan. 7, 2011, [124 Stat. 4221]; [Pub. L. 112–239, div. A, title V, § 565], Jan. 2, 2013, [126 Stat. 1749]; [Pub. L. 113–66, div. A, title V, § 553(a)], Dec. 26, 2013, [127 Stat. 764]; [Pub. L. 117–286, § 4(a)(52)], Dec. 27, 2022, [136 Stat. 4311]; [Pub. L. 118–159, div. A, title V], §§ 591–594(a), Dec. 23, 2024, [138 Stat. 1917–1919].)