---
kind: "section"
citation: "20 U.S.C. § 926"
title: "20"
title_heading: "Education"
number: "926"
heading: "School system for dependents in overseas areas"
release: "119-102"
url: "https://uscodex.org/usc/20/926"
units:
  - "Chapter 25A — Overseas Defense Dependents’ Education"
---

# §926. School system for dependents in overseas areas

- (a) **Establishment and operation—** The Secretary of Defense shall establish and operate a [school](/usc/20/5802.md?p=a-11) system for [dependents](/usc/20/932.md?p=1) in [overseas areas](/usc/20/932.md?p=3) as part of the defense [dependents](/usc/20/932.md?p=1)’ education system.
- (b) **Tuition and assistance when schools unavailable—**
  - (1) Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary may provide tuition to allow [dependents](/usc/20/932.md?p=1) in an [overseas area](/usc/20/932.md?p=3) where a [school](/usc/20/5802.md?p=a-11) operated by the Secretary is not reasonably available to attend [schools](/usc/20/5802.md?p=a-11) other than [schools](/usc/20/5802.md?p=a-11) established under [subsection (a)](#a) on a tuition-free basis. [Schools](/usc/20/5802.md?p=a-11) to which tuition may be paid under this subsection may include private boarding [schools](/usc/20/5802.md?p=a-11) in the [United States](/usc/20/932.md?p=4). Any [school](/usc/20/5802.md?p=a-11) to which tuition is paid under this subsection to allow a [dependent](/usc/20/932.md?p=1) in an [overseas area](/usc/20/932.md?p=3) to attend such [school](/usc/20/5802.md?p=a-11) shall provide an educational program satisfactory to the Secretary.
  - (2)
    - (A) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service of the Navy, may provide financial assistance to [sponsors](/usc/20/932.md?p=2) of [dependents](/usc/20/932.md?p=1) in [overseas areas](/usc/20/932.md?p=3) where [schools](/usc/20/5802.md?p=a-11) operated by the Secretary of Defense under [subsection (a)](#a) are not reasonably available in order to assist the [sponsors](/usc/20/932.md?p=2) to defray the costs incurred by the [sponsors](/usc/20/932.md?p=2) for the attendance of the [dependents](/usc/20/932.md?p=1) at [schools](/usc/20/5802.md?p=a-11) in such areas other than [schools](/usc/20/5802.md?p=a-11) operated by the Secretary of Defense.
    - (B) The Secretary of Defense and the Secretary of Homeland Security shall each prescribe regulations relating to the availability of financial assistance under [subparagraph (A)](#b-2-A). Such regulations shall, to the maximum extent practicable, be consistent with Department of State regulations relating to the availability of financial assistance for the education of [dependents](/usc/20/932.md?p=1) of Department of State personnel overseas.
- (c) **Continuation of enrollment for certain dependents of members of Armed Forces involuntarily separated—**
  - (1) A member of the Armed Forces serving on active duty on September 30, 1990, who is [involuntarily separated](/usc/20/932.md?p=5) during the period beginning on October 1, 1990, and ending on December 31, 2001, and who has a [dependent](/usc/20/932.md?p=1) described in [paragraph (2)](#c-2) who is enrolled in a [school](/usc/20/5802.md?p=a-11) of the defense [dependents](/usc/20/932.md?p=1)’ education system (or a [school](/usc/20/5802.md?p=a-11) for which tuition is provided under [subsection (b)](#b)) on the date of that separation shall be eligible to enroll or continue the enrollment of that [dependent](/usc/20/932.md?p=1) at that [school](/usc/20/5802.md?p=a-11) (or another [school](/usc/20/5802.md?p=a-11) serving the same community) for the final year of secondary education of that [dependent](/usc/20/932.md?p=1) in the same manner as if the member were still on active duty.
  - (2) A [dependent](/usc/20/932.md?p=1) referred to in [paragraph (1)](#c-1) is a [dependent](/usc/20/932.md?p=1) who on the date of the separation of the member has completed the eleventh grade and is likely to complete secondary education within the one-year period beginning on that date.
- (d) **Auxiliary services available to home school students—**
  - (1) A [dependent](/usc/20/932.md?p=1) who is educated in a home [school](/usc/20/5802.md?p=a-11) setting, but who is eligible to enroll in a [school](/usc/20/5802.md?p=a-11) of the defense [dependents](/usc/20/932.md?p=1)’ education system, shall be permitted to use or receive [auxiliary services](#d-2) of that [school](/usc/20/5802.md?p=a-11) without being required to either enroll in that [school](/usc/20/5802.md?p=a-11) or register for a minimum number of courses offered by that [school](/usc/20/5802.md?p=a-11). The [dependent](/usc/20/932.md?p=1) may be required to satisfy other eligibility requirements and comply with standards of conduct applicable to students actually enrolled in that [school](/usc/20/5802.md?p=a-11) who use or receive the same [auxiliary services](#d-2).
  - (2) For purposes of [paragraph (1)](#d-1), the term “auxiliary services” includes use of academic resources, access to the library of the [school](/usc/20/5802.md?p=a-11), after hours use of [school](/usc/20/5802.md?p=a-11) facilities, and participation in music, sports, and other extracurricular and interscholastic activities.

## Source credit

(Pub. L. 95–561, title XIV, § 1407, Nov. 1, 1978, 92 Stat. 2367; Pub. L. 101–510, div. A, title V, § 504(a), Nov. 5, 1990, 104 Stat. 1559; Pub. L. 103–160, div. A, title V, § 561(n), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 105–261, div. A, title V, § 561(k), title VI, § 657, Oct. 17, 1998, 112 Stat. 2026, 2054; Pub. L. 106–398, § 1 [[div. A], title V, § 571(k)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–107, div. A, title III, § 353, Dec. 28, 2001, 115 Stat. 1063; Pub. L. 107–296, title XVII, § 1704(e)(7), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 110–181, div. A, title V, § 574, Jan. 28, 2008, 122 Stat. 120.)

## Notes

### Editorial Notes

### Codification

Section is comprised of section 1407 of Pub. L. 95–561. Subsec. (e), formerly subsec. (c), of section 1407 enacted section 489 of Title 37, Pay and Allowances of the Uniformed Services.

### Amendments

2008—Subsec. (b)(1). Pub. L. 110–181 inserted after first sentence “Schools to which tuition may be paid under this subsection may include private boarding schools in the United States.”

2002—Subsec. (b)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places.

2001—Subsec. (d). Pub. L. 107–107 added subsec. (d) and redesignated former subsec. (d) as (e). See Codification note above.

2000—Subsec. (c)(1). Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”.

1998—Subsec. (b). Pub. L. 105–261, § 657, inserted heading, designated existing provisions as par. (1), substituted “Under such circumstances as the Secretary of Defense may prescribe in regulations, the Secretary” for “Under such circumstances as he may by regulation prescribe, the Secretary of Defense”, and added par. (2).

Subsec. (c)(1). Pub. L. 105–261, § 561(k), substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”.

1993—Subsec. (c)(1). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.

1990—Subsec. (c). Pub. L. 101–510 added subsec. (c) and redesignated former subsec. (c) as (d). See Codification note above.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.