[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Proposed Rules]
[Pages 28040-28045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10821]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 71

[Docket ID: DOD-2013-OS-0181]
RIN 0790-AJ13


Eligibility Requirements for Minor Dependents To Attend DoD 
Domestic Dependent Elementary and Secondary Schools (DDESS)

AGENCY: Under Secretary of Defense for Personnel and Management, DoD.

ACTION: Proposed rule.

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SUMMARY: This proposed rule updates policy and procedures for minor 
dependents attending schools operated by DOD pursuant to 10 U.S.C. 
2164. The proposed rule outlines procedures for eligibility, 
application and enrollment in DOD schools and describes procedures for 
reimbursement of educational services. This proposed rule discusses 
provision for the elementary and secondary education to minor 
dependents of members of the armed forces and civilian employees of the 
Federal Government residing within the United States (including the 
territories, commonwealths, and possessions of the United States).

DATES: Comments must be received by July 8, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Mail: Department of Defense, Office of the Deputy Chief Management 
Officer, Directorate of Oversight and Compliance, 4800 Mark Center 
Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Marsha Jacobson, 571-372-1900.

SUPPLEMENTARY INFORMATION: The Federal government has provided 
educational services to the dependent children of Federal employees 
residing on Federal military installations under various legal 
authorities and Federal statutes since 1820. In 1950, schools were 
established on military installations under section 6 of Public Law 81-
874, Impact Aid Act (codified at 20 U.S.C. 241). In 1994, Congress 
repealed Public Law 81-874 and passed Public Law 103-337, the FY1995 
National Defense Authorization Act (codified at 10 U.S.C. 2164), 
creating the Domestic Dependent and Elementary and Secondary Schools 
(DDESS). Under 10 U.S.C. 2164, the Department of Defense operates 
approximately 65 elementary and secondary schools on federal 
installations in the United States and its territories, possessions, 
and commonwealths.
    Since the passage of 10 U.S.C. 2164 in 1994, Congress has passed a 
number of minor changes to the statute's eligibility provisions in 
order to provide DDESS with the flexibility to meet developing real-
world contingencies. While the overall student enrollment in DDESS 
schools has declined in recent years as a result of the reductions in 
the military force, the statutory changes have minimally expanded 
eligibility to certain categories of personnel.
    These categories of personnel include the dependents of military 
personnel killed in combat-related operations (i.e., fallen soldiers); 
the dependents of wounded and injured military personnel receiving 
medical care at military hospitals on installations with DDESS schools 
(i.e. wounded warriors); and to students enrolled in an overseas DoD 
school who have been required to depart the overseas location as a 
result of an evacuation order. Given the overall decline in student 
enrollment associated with the reduction of the military force, there 
are no additional costs associated with this rulemaking

[[Page 28041]]

which only reflects the statutory changes to student eligibility.
    Childhood education is essential, and DoD is determined to provide 
primary and secondary education for dependent children of members of 
the armed forces and civilian employees of the Federal Government 
residing on military installations.
    This proposed rule updates the eligibility requirements and the 
policy and procedures for minor dependents attending schools operated 
by DOD pursuant to 10 U.S.C. 2164. The proposed rule outlines 
procedures for eligibility, application, and enrollment in DOD schools 
and describes procedures for reimbursement of educational services. The 
proposed rule applies to schools (prekindergarten through grade 12) 
operated by the Department of Defense within the United States 
(including the territories, commonwealths, and possessions of the 
United States).
    This proposed rule also describes procedures for participation of 
eligible dependents in the DoDEA Virtual School (i.e., DoDEA's on-line 
school).
    Costs and Benefits:
    The total operating costs for the DDESS schools for FY15 is 
$383.1M. Relative to the baseline of the Department of Defense 
Instruction 1342.26 where policies and responsibilities for enrollment 
of certain dependents in arrangements operated by or entered into by 
the Department of Defense pursuant to 10.U.S.C. 2164 are specified, the 
incremental costs associated with increasing the eligibility criteria 
is expected to be zero. This program is not a transfer program since 
the education of these dependents would not be assumed by the state 
governments where these military installations are located. The 
benefits of providing a tuition free education to certain dependents of 
members of the armed forces and civilian employees on military 
installations in the United States (including the territories, 
commonwealths, and possessions of the United States) remain the same.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has been designated a ``significant 
regulatory action,'' although not economically significant, under 
section 3(f) of Executive Order 12866. Accordingly, the proposed rule 
has been reviewed by the Office of Management and Budget (OMB) under 
the requirements of these Executive orders.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This proposed rule 
will not mandate any requirements for State, local, or tribal 
governments, nor will it affect private sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Department of Defense certifies that this proposed rule is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it 
would not, if promulgated, have a significant economic impact on a 
substantial number of small entities. Therefore, the Regulatory 
Flexibility Act, as amended, does not require us to prepare a 
regulatory flexibility analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    Section 71.6(f) of this proposed rule contains information 
collection requirements. DoD has submitted the following proposal to 
OMB under the provisions of the Paperwork Reduction Act (44 U.S.C. 
Chapter 35). Comments are invited on: (1) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of DoD, including whether the information will have 
practical utility; (2) the accuracy of the estimate of the burden of 
the proposed information collection; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Title: Eligibility Requirements for Minor Dependents to Attend DoD 
Domestic Dependent Elementary and Secondary Schools (DDESS).
    Type of Request: New.
    Number of Respondents: 23,000.
    Responses per Respondent: 1.
    Annual Responses: 23,000.
    Average Burden per Response: 15 minutes.
    Annual Burden Hours: 5.750.
    Needs and Uses: Department of Defense Instruction 1342.26 
establishes policy and assigns responsibilities for enrollment of 
certain dependents in arrangements operated by or entered into by the 
Department of Defense pursuant to 10 U.S.C. 2164. Pursuant to this 
legislation, the Secretary of Defense is authorized to enter into 
arrangements to provide for the elementary and secondary education of 
certain members of the armed forces and civilian employees of the 
Federal Government residing within the United States (including the 
territories, commonwealths, and possessions of the United States). 
Authority to operate these schools or arrangements has been delegated 
by the Secretary of Defense to the Department of Defense Education 
Activity (DoDEA) Domestic Dependent Elementary and Secondary Schools 
(DDESS). The operating statute, 10 U.S.C. 2164, requires (1) students 
to be dependents of members of the armed forces or 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 or (2) students to 
be dependents of members of the armed forces or 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. In order to determine eligibility for enrollment it is 
necessary for the agency collect information from each sponsor to prove 
dependency, employment and residential status on a school year basis.
    Affected Public: Individuals or Households.
    Frequency: On Occasion.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    OMB Desk Officer: Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Jasmeet Seehra, DoD Desk Officer, at 
[email protected], with a copy to the Department of Defense 
Education Activity, 4800 Mark Center Drive, Alexandria, VA 22350. 
Comments can be received from 30 to 60 days after the date of this 
notice, but comments to OMB will be most useful

[[Page 28042]]

if received by OMB within 30 days after the date of this notice.
    You may also submit comments, identified by docket number and 
title, by the following method:
    * Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to Marsha Jacobson, Department of Defense 
Education Activity, 4800 Mark Center Drive, Alexandria, VA 22350.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 71

    Aid to families with dependent children, Elementary and secondary 
education, Minors.

0
Accordingly, 32 CFR part 71 is proposed to be added to read as follows:

PART 71--ELIGIBILITY REQUIREMENTS FOR MINOR DEPENDENTS TO ATTEND 
DOD DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS (DDESS)

Sec.
71.1 Purpose.
71.2 Applicability.
71.3 Definitions.
71.4 Policy.
71.5 Responsibilities.
71.6 Procedures.

    Authority: 5 U.S.C. 2103, 10 U.S.C. 2164, 31 U.S.C. 1535.


Sec.  71.1  Purpose.

    This part establishes policy assigns responsibilities for 
enrollment in arrangements (as defined in Sec.  71.3) operated by or 
entered into by the DoD in accordance with DoD Directive 1342.20 and 10 
U.S.C. 2164.


Sec.  71.2  Applicability.

    This part applies to:
    (a) The Office of the Secretary of Defense, the Military 
Departments (including the Coast Guard at all times, including when it 
is a Service in the Department of Homeland Security by agreement with 
that Department), the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities within 
the DoD (referred to collectively in this part as the ``DoD 
Components'').
    (b) Arrangements operated by or entered into by the DoD within the 
United States (including the territories, commonwealths, and 
possessions of the United States).
    (c) Dependent children of active duty military members (as defined 
in Sec.  71.3) and civilian employees of the Federal Government 
enrolled or seeking enrollment in arrangements.
    (d) Dependent children of members of a foreign armed force assigned 
to and residing on a U.S. military installation enrolled or seeking 
enrollment in arrangements.
    (e) Dependent children of employees of the American Red Cross 
residing in Puerto Rico enrolled or seeking enrollment in DDESS 
arrangements in Puerto Rico.
    (f) Non-DoD federal agencies seeking enrollment of dependent 
children of full-time employees in arrangements on an agency 
reimbursable basis as determined by the Secretary of Defense.


Sec.  71.3  Definitions.

    These terms and their definitions are for the purposes of this 
part.
    Active duty military member. A member of the Military Services who 
has been ordered to:
    (1) Active duty for at least 365 consecutive days in accordance 
with 10 U.S.C. 2164 or title 14, U.S.C.; or
    (2) Full-time National Guard duty for at least 365 consecutive days 
in accordance with title 32, U.S.C.
    Arrangement. Actions taken by the Secretary of Defense to provide 
education to dependent children of active duty military members and 
civilian employees of the Federal Government pursuant to DoD Directive 
1342.20 and 10 U.S.C. 2164, through either DDESS arrangements or DDESS 
special arrangements.
    Combat-related operation. An operation in which members of the 
Military Services are or may become involved in military actions, 
operations, or hostilities against an enemy of the United States or 
against an opposing military force.
    DDESS arrangement. A school operated by the DoD pursuant to DoD 
Directive 1342.20 and 10 U.S.C. 2164 and provides a free public 
education for eligible children. This does not include the DoDEA 
Virtual School.
    DDESS special arrangement. An agreement made pursuant to 10 U.S.C. 
2164 and DoD Directive 1342.20 between the DoD and a local educational 
agency where a school or a school system operated by the local 
educational agency provides educational services to eligible dependent 
children of active duty military members and full time DoD civilian 
employees. Arrangements result in partial or total federal funding to 
the education agency for the educational services provided.
    Dependent child. An unmarried child under the age of 21, who 
resides with the sponsor and:
    (1) Is the child of the sponsor, including an adopted child or 
step-child (but not after the divorce of the member from the 
stepchild's natural parent);
    (2) Has been placed in the sponsor's home by a local, State, or 
foreign government placement agency or a government-approved process, 
provided the sponsor produces a document from such an agency 
establishing the fact of relationship and the effective date of the 
relationship;
    (3) The sponsor has acknowledged, in writing, that the child is a 
full-time resident in the sponsor's household, the sponsor is providing 
more than one-half of the child's support, and the sponsor accepts 
financial and educational responsibility for the child as if the child 
were the sponsor's natural or legally adopted child; or
    (4) Has been placed in the custody of the sponsor by a court of 
competent jurisdiction in the United States and:
    (i) Is dependent on the sponsor for more than one-half of the 
person's support.
    (ii) Is not a dependent of any sponsor in accordance with any other 
part of this definition.
    DoDEA Virtual School: A virtual school operated by the Department 
of Defense in accordance with DoD Directive 1342.20 and 10 U.S.C. 2164 
to provide a free public education for eligible dependent children 
using an online platform.
    Good cause. Consistent with the national interest, as approved by 
the Secretary of Defense. Such cause would permit the continued 
enrollment of a

[[Page 28043]]

dependent child in a DDESS arrangement in situations such as when the 
child has only 1 year of school remaining or other such meritorious 
situations.
    Injured. To suffer physical harm or damage to a part of one's body. 
Any harm or damage that is done or sustained. A condition caused by 
trauma, such as fracture, wound, sprain, dislocation, concussion, or 
compression. Also, an injury includes conditions resulting from 
extremes of temperatures or prolonged exposure. Acute poisonings 
resulting from exposure to a toxic or poisonous substance are also 
classed as injuries.
    Line of duty. A finding after all available information has been 
reviewed that determines an injury, illness, or disease was incurred or 
aggravated while in an authorized duty status and was not due to gross 
negligence or misconduct of the member.
    Professional, excepted service employee. An excepted service 
employee, as defined in 5 U.S.C. 2103, who holds a valid license or 
certificate from governmental agency or professional body attesting to 
professional proficiency or knowledge (e.g., teacher, counselor, 
administrator, nurse, professional engineer, psychologist, media 
specialist, therapist) as certified by the agency.
    Sponsor. An active duty military member or civilian employee of the 
Federal Government seeking to enroll a dependent child in an 
arrangement.


Sec.  71.4  Policy.

    It is DoD policy that arrangements are operated or entered into in 
accordance with 10 U.S.C. 2164. Enrollment is limited to eligible 
dependent children of active duty military members, DoD civilian 
employees, members of a foreign armed force, and certain employees of 
the American Red Cross residing in Puerto Rico, or non-DoD federal 
agencies seeking enrollment of dependent children of full-time 
employees in arrangements on an agency reimbursable basis as determined 
by the Secretary of Defense.


Sec.  71.5  Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)) ensures that the DDESS program fosters optimum communication 
on matters relating to DoDEA eligibility requirements for DDESS within 
DoDEA and the Military Departments.
    (b) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Readiness and Force Management 
(ASD(R&FM)) monitors compliance with this part.
    (c) Under the authority, direction, and control of the ASD(R&FM), 
the Director, DoD Education Activity (DoDEA):
    (1) Makes determinations of eligibility for enrollment in 
arrangements. Decisions by the Director, DoDEA, on requests to enroll 
dependents in arrangements in accordance with this part are final.
    (2) Monitors implementation and compliance with this part.
    (3) Ensures arrangements allow only those students authorized by 
this part to enroll in arrangements.


Sec.  71.6  Procedures.

    (a) In compliance with paragraph (f) of this section, DDESS 
arrangements within the United States will:
    (1) Provide a tuition-free education to the dependent children of:
    (i) Active duty military members residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS arrangement.
    (ii) Full-time civilian DoD employees residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS arrangement.
    (iii) A deceased member of the Military Services who died in the 
line of duty in a combat-related operation. The operation must have 
been designated as combat-related by the Secretary of Defense and the 
dependent children must reside on or near a military installation 
served by a DDESS arrangement.
    (iv) A member of a foreign armed force residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS arrangement.
    (v) Active duty military members occupying temporary housing, 
regardless of whether the housing is on federal property, when the 
Secretary of Defense has determined that the circumstances justify 
extending the enrollment authority to include the dependents, 
including:
    (A) When adequate living quarters are unavailable on the military 
installation to which the active duty military member is assigned. 
Eligibility in accordance with this provision extends only to dependent 
children of active duty military members assigned by official orders to 
a military installation served by a DDESS arrangement.
    (B) While the active duty military member is wounded, ill or 
injured. Eligibility in accordance with this provision extends only to 
dependent children of active duty military members assigned by official 
orders to a military installation served by a DDESS arrangement.
    (vi) Active duty military members and federal employees overseas 
whose enrolled dependents have been evacuated and relocated within a 
reasonable commuting distance of an arrangement in accordance with the 
criteria set forth in subsection (k) of 10 U.S.C. 2164.
    (2) Provide education on an agency-reimbursable basis to dependent 
children of full-time civilian employees of non-DoD federal agencies 
residing in permanent living quarters for any part of the school year 
on a military installation served by a DDESS arrangement.
    (b) In compliance with paragraph (f) of this section, DDESS special 
arrangements within the United States will:
    (1) Provide a tuition-free education to the dependent children of:
    (i) Active duty military members residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS special arrangement.
    (ii) Full-time civilian DoD employees residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS special arrangement.
    (iii) A deceased member of the Military Services who died in the 
line of duty in a combat-related operation. The operation must have 
been designated as combat-related by the Secretary of Defense and the 
dependent children must reside on a military installation served by a 
DDESS special arrangement.
    (iv) A member of a foreign armed force residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS special arrangement.
    (2) Provide education on an agency reimbursable basis to dependent 
children of full-time civilian employees of non-DoD federal agencies 
residing in permanent living quarters for any part of the school year 
on a military installation served by a DDESS special arrangement.
    (c) In compliance with paragraph (f) of this section, DDESS 
arrangements within a territory, commonwealth, or possession of the 
United States will:
    (1) Provide a tuition-free education to dependent children of:
    (i) Active duty military members residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS arrangement.
    (ii) Full-time civilian DoD employees residing in permanent living 
quarters for any part of the school year on a military

[[Page 28044]]

installation served by a DDESS arrangement.
    (iii) A deceased member of the Military Services who died in the 
line of duty in a combat-related operation. The operation must have 
been designed as combat-related by the Secretary of Defense and the 
dependent children must reside on or near a military installation 
served by a DDESS arrangement.
    (iv) A member of a foreign armed force residing in permanent living 
quarters for any part of the school year on any military installation 
served by a DDESS arrangement.
    (v) Active duty military members stationed or home-ported in a 
territory, commonwealth, or possession of the United States and not 
residing in permanent living quarters on a military installation. 
Eligibility in accordance with this provision extends only to dependent 
children of active duty military members assigned by official orders to 
a military installation served by a DDESS arrangement.
    (vi) Full-time civilian DoD employees, not residing in permanent 
living quarters on a military installation, who are subject by policy 
and practice to transfer or reassignment to a location where English is 
the language of instruction in the schools normally attended by 
dependent children of federal personnel. Dependents in this category 
may not be enrolled in the DDESS arrangement for more than 5 
consecutive school years, unless:
    (A) The Secretary of Defense, for good cause (as defined in Sec.  
71.3), extends the period; or
    (B) Admission is granted based on eligibility in accordance with 
paragraph (c)(1)(vii) of this section.
    (vii) Full-time, professional, excepted service employees (as 
defined in Sec.  71.3) of the DDESS arrangement not residing in 
permanent quarters on a military installation.
    (viii) Active duty military members, whose dependents reside on or 
off any military installation served by a DDESS arrangement with the 
dependents' designated location being in a territory, commonwealth, or 
possession of the United States, and who are assigned to:
    (A) A remote location;
    (B) A dependents' restricted unaccompanied tour of duty; or
    (C) Unusually arduous sea duty.
    (2) Provide education on an agency reimbursable basis to dependent 
children of:
    (i) Full-time civilian employees of the non-DoD federal agencies 
residing in permanent living quarters for any part of the school year 
on a military installation served by a DDESS arrangement.
    (ii) Full-time civilian employees of the United States Immigration 
and Customs Enforcement and the United States Customs and Border 
Protection residing in Puerto Rico.
    (iii) Full-time civilian employees of non-DoD federal agencies not 
residing in permanent living quarters on a military installation, who 
are subject by policy and practice to transfer or reassignment to a 
location where English is the language of instruction in the schools 
normally attended by dependent children of federal personnel, when the 
Secretary of Defense determines that the circumstances of such living 
arrangements justify extending the enrollment authority to include the 
dependents. Dependents in this category may not be enrolled in the 
DDESS arrangement for more than 5 consecutive school years, unless the 
Secretary of Defense extends the period for good cause.
    (iv) Full-time employees of the American Red Cross residing in 
Puerto Rico and performing emergency services on behalf of active duty 
military members.
    (d) In compliance with paragraph (f) of this section, DDESS special 
arrangements within a territory, commonwealth, or possession of the 
United States will:
    (1) Provide a tuition-free education to dependent children of:
    (i) Active duty military members residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS special arrangement.
    (ii) Full-time civilian DoD employees residing in permanent living 
quarters for any part of the school year on a military installation 
served by a DDESS special arrangement.
    (iii) A deceased member of the Military Services who died in the 
line of duty in a combat-related operation. The operation must have 
been designated as combat-related by the Secretary of Defense and the 
dependent children must live in an area served by a DDESS special 
arrangement.
    (iv) A member of a foreign armed force residing in permanent living 
quarters for any part of the school year on any military installation 
served by a DDESS special arrangement.
    (v) Active duty military members stationed or home-ported in a 
territory, commonwealth, or possession of the United States and not 
residing in permanent living quarters on a military installation. 
Eligibility in accordance with this provision extends only to dependent 
children of active duty military members assigned by official orders to 
an area served by a DDESS special arrangement.
    (vi) Full-time civilian DoD employees, not residing in permanent 
living quarters on a military installation but residing in an area 
served by a DDESS special arrangement, who are subject by policy and 
practice to transfer or reassignment to a location where English is the 
language of instruction in the schools normally attended by dependent 
children of federal personnel. Dependents in this category may not be 
enrolled in the DDESS special arrangement for more than 5 consecutive 
school years, unless the Secretary of Defense, for good cause, extends 
the period.
    (vii) Active duty military members, whose dependents' reside in the 
area served by a DDESS special arrangement, with the dependents' 
designated location being in a territory, commonwealth, or possession 
of the United States who are assigned to:
    (A) A remote location,
    (B) A dependents' restricted unaccompanied tour of duty, or
    (C) Unusually arduous sea duty.
    (2) Provide education on an agency-reimbursable basis to dependent 
children of:
    (i) Full-time civilian employees of non-DoD federal agencies 
residing in permanent living quarters for any part of the school year 
on any military installation served by a DDESS special arrangement.
    (ii) Full-time civilian employees of the United States Immigration 
and Customs Enforcement and the United States Customs and Border 
Protection residing in Puerto Rico.
    (e) In compliance with paragraph (f) of this section, the DoDEA 
Virtual School shall:
    (1) Provide a tuition-free education to eligible dependent children 
currently enrolled in DDESS arrangements in accordance with paragraphs 
(a) and (c) of this section.
    (2) Provide coursework on a tuition paying basis to dependent 
children of members of the Military Services on active duty who:
    (i) Are enrolled in an elementary or secondary school operated by a 
local education agency (LEA) or other accredited educational program in 
the United States, and
    (ii) Who immediately prior to such enrollment, were enrolled in an 
elementary or secondary school operated by the Department of Defense 
Dependents School (DoDDS).
    (f) Procedures for application and enrollment:
    (1) Application for enrollment will be made to the arrangement to 
which

[[Page 28045]]

admission is sought. The active duty military member or civilian 
employee sponsoring the dependent child(ren) must provide proof of 
status upon which the requested admission is based. DDESS reserves the 
right to request additional information, should it be deemed necessary 
to make a determination of eligibility.
    (2) Eligibility based on residency on a military installation may 
be established by:
    (i) Actual residence in permanent quarters on a military 
installation served by an arrangement; or
    (ii) Written affirmation provided by the installation family 
housing manager that the sponsor has applied for and will be able to 
occupy permanent quarters on the military installation within 90 school 
days (or 180 school days if an exception for the installation has been 
approved by the Secretary of Defense) after the sponsor reports to the 
new duty station. Enrollment occurring pursuant to this paragraph 
obligates the sponsor to accept permanent quarters on the military 
installation when available and offered or the dependent child's 
eligibility to attend the arrangement terminates.
    (3) Eligibility for dependent children of full-time employees of 
the Federal Government, will be established in accordance with these 
provisions:
    (i) The sponsor seeking enrollment will provide proof of full-time 
employment with the Federal Government, or the agency employing the 
civilian sponsor will provide a written statement confirming the 
sponsor's position meets the eligibility requirements.
    (ii) The written statement must be signed by the agency's Director 
of Personnel or principal administrative officer at its main 
headquarters.
    (iii) Federal government employees residing in a territory, 
commonwealth, or possession of the United States seeking to continue 
the enrollment of their dependent(s) in a DDESS arrangement for more 
than 5 consecutive years pursuant to paragraph (a)(1)(v)(C), 
(c)(2)(iii), or (d)(1)(vi) of this section must submit a request for an 
exception to policy. The request must be made in writing and submitted 
through the employee's agency to the Director, DDESS, for 
consideration. The request must be received by the Director, DDESS 
before the start of the school year for which the exception is 
requested and must provide information showing that in the interest of 
the dependent's educational well-being, good cause exists for granting 
the exception. Reimbursement shall be obtained when required 10 U.S.C. 
2164 (c)(2)(B).
    (4) The sponsor seeking enrollment of a dependent child in the 
DoDEA Virtual School under paragraph (e)(2) of this section shall 
provide proof that:
    (i) The dependent is currently enrolled in an elementary or 
secondary school operated by an LEA or other accredited educational 
program in the United States;
    (ii) Immediately prior to enrollment in the LEA or other accredited 
educational program, the dependent was enrolled in an elementary or 
secondary school operated by DoDDS;
    (iii) The LEA or other accredited educational program does not 
offer the requested coursework or extenuating circumstances exist to 
justify enrolling the dependent in the DoDEA Virtual School; and
    (iv) The course(s) through the DoDEA Virtual School are taken for 
credit, or extenuating circumstances exist to justify enrolling the 
dependent in the DoDEA Virtual School.
    (g) The Secretary of Defense may permit a currently enrolled 
student to continue:
    (1) For the remainder of the year, if the status of the sponsor of 
a currently enrolled student changes so that the dependent child would 
no longer be eligible for enrollment in an arrangement.
    (2) Beyond the current school year in a DDESS arrangement 
notwithstanding a change in the status of the sponsor which would 
otherwise terminate eligibility for good cause. Requests for 
continuation of enrollment, beyond the end of the school year, for good 
cause, must be in writing and submitted to the Director, DDESS. A good 
cause authorization for continued enrollment will cover only one school 
year at a time.
    (h) Procedures for reimbursement of educational services:
    (1) All non-DoD federal agencies whose employees enroll a dependent 
in an arrangement pursuant to 10 U.S.C. 2164 will reimburse the DoD for 
the cost of educational services provided on a school year basis.
    (2) The non-DoD federal agency will certify school-aged dependents 
for their employees no later than May 1st each year for the following 
school year.
    (3) DoDEA resource management (RM) will publish the ensuing school 
year's educational services tuition rates on or before May 31st each 
year.
    (4) Each June, upon receipt of an official list of eligible 
employees and their school-aged dependents from the DDESS arrangement, 
DDESS RM will send each agency a tuition reimbursement notification 
letter for the entire upcoming school year. Tuition reimbursement 
payments from the agencies will be due by August of that school year 
for the first grading period and due by October for the remaining 
grading periods. These educational services are considered severable 
and subject to the provisions of 31 U.S.C. 1535, also known and 
referred to in this part as the ``Economy Act''.
    (5) At the beginning of each fiscal year, DoDEA RM allocates a 
portion of the agency's annual tuition reimbursement authority to 
DDESS, which grants explicit permission to collect and retain tuition 
reimbursements that directly offset agency operating expenses for 
providing educational services.
    (6) Federally funded agencies are required to establish an 
interagency agreement with DDESS. This agreement serves as the 
authority for the Defense Finance and Accounting Service (DFAS) to 
centrally bill or transfer funds between the ordering agency and the 
provider of educational services based on DDESS tuition collection 
billings and refunds. DFAS will process reimbursable payment 
transactions via the Intra-Governmental Payment and Collection system.
    (i) Procedures for payment of tuition for educational services 
provided by DoDEA Virtual School
    (1) All members of the Military Services on active duty seeking to 
enroll dependents in the DoDEA Virtual School pursuant to paragraph 
(e)(2) of this section will pay tuition to the Department of Defense 
for the cost of the educational services provided.
    (2) Tuition is based on the average market rate for virtual courses 
offered to the public in the U.S.
    (3) DoDEA RM will publish the ensuing school year's educational 
services tuition rates on or before May 31st of each year.
    (4) Tuition must be paid prior to enrollment.
    (5) Tuition payments are reimbursable up to three weeks after 
enrollment in the DoDEA Virtual School on a pro-rated basis.

    Dated: May 4, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-10821 Filed 5-6-16; 8:45 am]
 BILLING CODE 5001-06-P