20 U.S.C. § 921: Defense dependents’ education system

The Secretary of Defense shall establish and operate a program (hereinafter in this chapter referred to as the “defense dependents’ education system”) to provide a free public education through secondary school for dependents in overseas areas. The Secretary shall ensure that individuals eligible to receive a free public education under subsection (a) receive an education of high quality. the handicapped, individuals in need of compensatory education, individuals with an interest in vocational education, gifted and talented individuals, and individuals of limited English-speaking ability. The Secretary shall provide a developmental preschool program to individuals eligible to receive a free public education under subsection (a) who are of preschool age if a preschool program is not otherwise available for such individuals and if funds for such a program are available. The Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents’ education system. The Secretary of Defense may provide optional summer school programs in the defense dependents’ education system. The Secretary shall provide any summer school program under this subsection on the same financial basis as programs offered during the regular school year, except that the Secretary may charge reasonable fees for all or portions of such summer school programs to the extent that the Secretary determines appropriate. The amounts received by the Secretary in payment of the fees shall be available to the Department of Defense for defraying the costs of conducting summer school programs under this subsection. In addition to carrying out the requirement under section 1769b of title 42 to administer lunch programs in certain dependents’ schools, the Secretary of Defense may administer a school breakfast program for students attending a school of the defense dependents’ education system. Except as provided in paragraph (2) this title [see Short Title note below] shall take effect on July 1, 1979 . Section 1407(b) [enacting section 926(b) of this title ] and the amendments made by section 1407(c) [enacting section 429 of Title 37 , Pay and Allowances of the Uniformed Services], 1408(a) [enacting section 1769b of Title 42 , The Public Health and Welfare], and 1408(b) [amending sections 1773 and 1789 of Title 42] shall take effect on October 1, 1978 . Notwithstanding subsection (a) or any other provision of this title no provision of this title shall be construed to impair or prevent the taking effect of the provision of any other Act providing for the transfer of the functions described in this title to an executive department having responsibility for education.” The provisions of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.) (in this section referred to as ‘title IX’) with respect to education programs or activities receiving Federal financial assistance shall apply equally to education programs and activities administered by the Department of Defense Education Activity (DODEA). Not later than March 31, 2019 , the Department of Defense Education Activity shall establish policies and procedures to protect students at schools of the Activity who are victims of sexual harassment. Such policies and procedures shall afford protections at least comparable to the protections afforded under title IX. A policy addressing sexual harassment of students at the schools of the Department of Defense Education Activity that uses and incorporates terms, procedures, protections, investigation standards, and standards of evidence consistent with title IX. a student of a school of the Activity, or a parent of such a student, may file a complaint with the school alleging an incident of sexual harassment at the school; and such a student or parent may appeal the decision of the school regarding such complaint. A procedure and mechanisms for the appointment and training of, and allocation of responsibility to, a coordinator at each school of the Activity for sexual harassment matters involving students from the military community served by such school. Training of employees of the Activity, and volunteers at schools of the Activity, on the policies and procedures. Mechanisms for the broad distribution and display of the policy described in paragraph (1), including on the Internet website of the Activity and on Internet websites of schools of the Activity, in printed and online versions of student handbooks, and in brochures and flyers displayed on school bulletin boards and in guidance counselor offices. with professionalism and consistency; and in a manner that permits coordinators referred to in paragraph (3) to track trends in incidents of sexual harassment and to identify repeat offenders of sexual harassment; and appropriate members of the local leadership of military communities are held accountable for acting upon complaints of sexual harassment at schools of the Activity.” The Secretary of Defense shall consolidate the various databases and mechanisms for the reporting and tracking of juvenile misconduct in Department of Defense Education Activity (hereinafter in this section referred to as ‘DODEA’) schools into one comprehensive database for DODEA juvenile misconduct. The comprehensive database shall include all unresolved and all substantiated allegations of juvenile-on-juvenile sexual misconduct. The Secretary shall establish a comprehensive policy regarding the reporting and tracking of juvenile misconduct cases occurring in DODEA schools, including policies establishing appropriate safeguards to prevent unauthorized disclosure of sensitive information contained in the comprehensive database required by subsection (a).” Not later than March 1, 2008 , the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the conditions of schools under the jurisdiction of the Department of Defense Education Activity. A description of each school under the control of the Secretary, including the location, year constructed, grades of attending children, maximum capacity, and current capacity of the school. A description of the standards and processes used by the Secretary to assess the adequacy of the size of school facilities, the ability of facilities to support school programs, and the current condition of facilities. A description of the conditions of the facility or facilities at each school, including the level of compliance with the standards described in paragraph (2), any existing or projected facility deficiencies or inadequate conditions at each facility, and whether any of the facilities listed are temporary structures. An investment strategy planned for each school to correct deficiencies identified in paragraph (3), including a description of each project to correct such deficiencies, cost estimates, and timelines to complete each project. A description of requirements for new schools to be constructed over the next 10 years as a result of changes to the population of military personnel. The Secretary shall use the report required under subsection (a) as a master plan for the repair, upgrade, and construction of schools in the Department of Defense system that support dependents of members of the Armed Forces and civilian employees of the Department of Defense.”