§ 923. Space-available enrollment of students; tuition
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(a)Enrollment of ineligible child in system school 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)Determination of amount of tuition; use of payments
(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)Regulations respecting enrollment requirements
(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.
(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)Enrollment of certain children in overseas schools
(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).
(Pub. L. 95–561, title XIV, § 1404, Nov. 1, 1978, 92 Stat. 2366; Pub. L. 99–145, title XII, § 1205, Nov. 8, 1985, 99 Stat. 721; Pub. L. 101–189, div. A, title III, § 325(b), Nov. 29, 1989, 103 Stat. 1415; Pub. L. 108–136, div. A, title V, § 563, Nov. 24, 2003, 117 Stat. 1483; Pub. L. 119–60, div. A, title V, § 582(a), Dec. 18, 2025, 139 Stat. 888.)
Connections16 cite this · traces to 1
Cited by 16 sections
statutes-at-large
- Public Law 95–561To extend and amend expiring elementary and secondary education programs, and for other purposes
- Public Law 108–136To authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 99–145To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1986, to revise and improve military compensation programs, to improve defense procurement procedures, to authorize appropriations
- Public Law 101–189To authorize appropriations for fiscal years 1990 and 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
register
statute-compilations
bill
- Sec. 525Conforming and clerical amendments
- Sec. 525Conforming and clerical amendments
- Sec. 582Enrollment of children of certain American Red Cross employees in schools operated by the Department of Defense Education Activity
- Sec. 582Enrollment of children of certain American Red Cross employees in schools operated by the Department of Defense Education Activity
- Sec. 553Enrollment of children of certain American Red Cross employees in defense dependents' education system
- Sec. 553Enrollment of children of certain American Red Cross employees in defense dependents' education system
- Sec. 7Alignment of benefits
Traces to 1 document
U.S. Code
16 references not yet in our index
- Pub. L. 95–561, title XIV, § 1404
- 92 Stat. 2366
- Pub. L. 99–145, title XII, § 1205
- 99 Stat. 721
- Pub. L. 101–189, div. A, title III, § 325(b)
- 103 Stat. 1415
- Pub. L. 108–136, div. A, title V, § 563
- 117 Stat. 1483
- Pub. L. 119–60, div. A, title V, § 582(a)
- 139 Stat. 888
- Pub. L. 119–60
- Pub. L. 108–136, § 563(b)
- Pub. L. 108–136, § 563(a)
- Pub. L. 101–189
- Pub. L. 99–145
- Pub. L. 101–189, div. A, title III, § 325(c)
Citation graph
cites case law
§ 923
Space-available enrollment of students; tuition
Bills×7
Stat.×4
Fed. Reg.×2
U.S.C.×2
Stat. Comp.×1
Pub. L.Pub. L. 95–561, title XIV, § 1404
Stat.92 Stat. 2366
Pub. L.Pub. L. 99–145, title XII, § 1205
Stat.99 Stat. 721
Pub. L.Pub. L. 101–189, div. A, title III, § 325(b)
Cites 17 · showing 6Cited by 16 across 5 sources