---
kind: "section"
citation: "10 U.S.C. § 2164d"
title: "10"
title_heading: "Armed Forces"
number: "2164d"
heading: "Limitation on school closures and certain other actions with respect to schools operated by the Department of Defense Education Activity"
release: "119-102"
url: "https://uscodex.org/usc/10/2164d"
units:
  - "Subtitle A — General Military Law"
  - "Part III — Training and Education"
  - "Chapter 108 — Department of Defense Schools"
---

# §2164d. Limitation on school closures and certain other actions with respect to schools operated by the Department of Defense Education Activity

- (a) **Limitation.—** The Secretary of Defense may not take any action described in [subsection (b)](#b) with respect to a school operated by the [Department](/usc/10/101.md?p=a-6) of Defense Education Activity unless—
  - (1) the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives—
    - (A) written notice of the intent of the Secretary to take such action with respect to such school;
    - (B) the report required under [subsection (c)](#c); and
    - (C) a written assurance that the Director of the [Department](/usc/10/101.md?p=a-6) of Defense Education Activity has met, engaged with, and solicited feedback from students, [parents](/usc/10/1482a.md?p=c-3), teachers, administrators, [military installation](/usc/10/183a.md?p=h-7) leadership, and the local community concerning the proposed action; and
  - (2) a period of one year has elapsed following the date on which the requirements under [paragraph (1)](#a-1) have been met.
- (b) **Actions Described.—** The actions described in this subsection are the following:
  - (1) Closing or terminating the operations of a school.
  - (2) Preparing to close or terminate the operations of a school.
  - (3) Reducing by 20 percent or more the number of spaces available for enrollment in a school.
  - (4) Significantly reducing the services provided by a school, including—
    - (A) curriculum offerings;
    - (B) special education services; and
    - (C) extracurricular activities.
  - (5) Transferring or conveying a school to a [local educational agency](#d) or any other entity outside the [Department](/usc/10/101.md?p=a-6) of Defense.
- (c) **Report.—** Before taking any action described in [subsection (b)](#b), the Secretary of Defense shall prepare a report containing a justification and analysis of such action. Such justification and analysis shall include an explanation of—
  - (1) the monetary costs to the [Department](/usc/10/101.md?p=a-6) of Defense of the action; and
  - (2) the effects of the action on—
    - (A) students;
    - (B) curriculum;
    - (C) gifted education programs;
    - (D) special education programs, including individualized education programs (as defined in [section 614(d)(1)(A)](/usc/10/614.md) of the Individuals with Disabilities Education Act ([20 U.S.C. 1414(d)(1)(A)](/usc/20/1414.md?p=d-1-A)));
    - (E) educational and other accommodations provided under section 504 of the Rehabilitation Act of 1973 ([29 U.S.C. 794](/usc/29/794.md));
    - (F) the Exceptional Family [Member](/usc/10/1408.md?p=a-5) Program; and
    - (G) [local educational agencies](#d) in the area of the affected school.
- (d) **Local Educational Agency Defined.—** In this section, the term “local educational agency” has the meaning given that term in [section 8101](/usc/10/8101.md) of the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 7801](/usc/20/7801.md)).

## Source credit

(Added Pub. L. 119–60, div. A, title V, § 585(a), Dec. 18, 2025, 139 Stat. 891.)