81_FR_28129 81 FR 28040 - Eligibility Requirements for Minor Dependents To Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS)

81 FR 28040 - Eligibility Requirements for Minor Dependents To Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS)

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range28040-28045
FR Document2016-10821

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).

Federal Register, Volume 81 Issue 89 (Monday, May 9, 2016)
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Proposed Rules]
[Pages 28040-28045]
From the Federal Register Online  [www.thefederalregister.org]
[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 
Oira_submission@omb.eop.gov, 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



                                                    28040                       Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules

                                                      Authority: 42 U.S.C. 3535(d) and 5301 et                  Authority: 12 U.S.C. 1715z–13b; 15 U.S.C.           Mailbox #24, Alexandria, VA 22350–
                                                    seq.                                                      1639c; 42 U.S.C. 3535(d).                             1700.
                                                    ■ 4. In § 1003.601, add paragraph (c) to                  ■ 10. Amend § 1007.45 to revise the                      Instructions: All submissions received
                                                    read as follows:                                          heading, designate the undesignated                   must include the agency name and
                                                                                                              paragraph as paragraph (a), and add                   docket number or Regulatory
                                                    § 1003.601       Nondiscrimination.
                                                                                                              paragraph (b) to read as follows:                     Information Number (RIN) for this
                                                    *     *     *    *     *
                                                                                                                                                                    Federal Register document. The general
                                                      (c) A grantee shall comply with the                     § 1007.45    Nondiscrimination
                                                    equal access to HUD-assisted or insured                                                                         policy for comments and other
                                                                                                                (a) * * *                                           submissions from members of the public
                                                    housing requirements in 24 CFR                              (b) The equal access to HUD-assisted
                                                    5.105(a)(2).                                                                                                    is to make these submissions available
                                                                                                              or insured housing requirements in 24                 for public viewing on the Internet at
                                                                                                              CFR 5.105(a)(2) apply to this part.                   http://www.regulations.gov as they are
                                                    PART 1005—LOAN GUARANTEES
                                                    FOR INDIAN HOUSING                                          Dated: March 30, 2016.                              received without change, including any
                                                                                                              Lourdes Castro Ramirez,                               personal identifiers or contact
                                                    ■ 5. The authority citation for 24 CFR                                                                          information.
                                                                                                              Principal Deputy Assistant Secretary for
                                                    part 1005 continues to read as follows:                   Public and Indian Housing.                            FOR FURTHER INFORMATION CONTACT:
                                                      Authority: 12 U.S.C. 1715z–13a; 15 U.S.C.               [FR Doc. 2016–10753 Filed 5–6–16; 8:45 am]            Marsha Jacobson, 571–372–1900.
                                                    1639c; 42 U.S.C. 3535(d).                                 BILLING CODE 4210–67–P                                SUPPLEMENTARY INFORMATION: The
                                                    ■   6. Add § 1005.115 to read as follows:                                                                       Federal government has provided
                                                    § 1005.115       Equal Access.                                                                                  educational services to the dependent
                                                                                                              DEPARTMENT OF DEFENSE                                 children of Federal employees residing
                                                      The equal access to HUD-assisted or
                                                                                                                                                                    on Federal military installations under
                                                    insured housing requirements in 24 CFR                    Office of the Secretary                               various legal authorities and Federal
                                                    5.105(a)(2) apply to this part.
                                                                                                                                                                    statutes since 1820. In 1950, schools
                                                    PART 1006—NATIVE HAWAIIAN                                 32 CFR Part 71                                        were established on military
                                                    HOUSING BLOCK GRANT PROGRAM                                                                                     installations under section 6 of Public
                                                                                                              [Docket ID: DOD–2013–OS–0181]
                                                                                                                                                                    Law 81–874, Impact Aid Act (codified at
                                                    ■ 7. The authority citation for 24 CFR                    RIN 0790–AJ13                                         20 U.S.C. 241). In 1994, Congress
                                                    part 1006 continues to read as follows:                                                                         repealed Public Law 81–874 and passed
                                                      Authority: 25 U.S.C. 4221 et seq.; 42                   Eligibility Requirements for Minor                    Public Law 103–337, the FY1995
                                                    U.S.C. 3535(d).                                           Dependents To Attend DoD Domestic                     National Defense Authorization Act
                                                    ■ 8. Amend § 1006.355 to read as                          Dependent Elementary and Secondary                    (codified at 10 U.S.C. 2164), creating the
                                                    follows:                                                  Schools (DDESS)                                       Domestic Dependent and Elementary
                                                    ■ a. The undesignated paragraph is                                                                              and Secondary Schools (DDESS). Under
                                                                                                              AGENCY:  Under Secretary of Defense for
                                                    revised and designated as paragraph (a);                                                                        10 U.S.C. 2164, the Department of
                                                                                                              Personnel and Management, DoD.
                                                    ■ b. Redesignate paragraphs (a), (b), and                                                                       Defense operates approximately 65
                                                    (c) as paragraphs (a)(1), (a)(2), and (a)(3);             ACTION: Proposed rule.                                elementary and secondary schools on
                                                    ■ c. Redesignate paragraphs (c)(1) and
                                                                                                              SUMMARY:    This proposed rule updates                federal installations in the United States
                                                    (c)(2) as paragraphs (a)(3)(i) and                        policy and procedures for minor                       and its territories, possessions, and
                                                    (a)(3)(ii); and                                           dependents attending schools operated                 commonwealths.
                                                    ■ d. Add paragraph (a)(4)                                                                                          Since the passage of 10 U.S.C. 2164 in
                                                                                                              by DOD pursuant to 10 U.S.C. 2164. The
                                                                                                                                                                    1994, Congress has passed a number of
                                                    § 1006.355 Nondiscrimination                              proposed rule outlines procedures for
                                                                                                                                                                    minor changes to the statute’s eligibility
                                                    requirements.                                             eligibility, application and enrollment
                                                                                                                                                                    provisions in order to provide DDESS
                                                       (a) Program eligibility under the Act                  in DOD schools and describes
                                                                                                                                                                    with the flexibility to meet developing
                                                    and this part may be restricted to Native                 procedures for reimbursement of
                                                                                                                                                                    real-world contingencies. While the
                                                    Hawaiians. Subject to the preceding                       educational services. This proposed rule
                                                                                                                                                                    overall student enrollment in DDESS
                                                    sentence, no person may be                                discusses provision for the elementary
                                                                                                                                                                    schools has declined in recent years as
                                                    discriminated against on the basis of                     and secondary education to minor
                                                                                                                                                                    a result of the reductions in the military
                                                    race, color, national origin, religion, sex,              dependents of members of the armed
                                                                                                                                                                    force, the statutory changes have
                                                    familial status, or disability, or excluded               forces and civilian employees of the
                                                                                                                                                                    minimally expanded eligibility to
                                                    from program eligibility because of                       Federal Government residing within the
                                                                                                                                                                    certain categories of personnel.
                                                    actual or perceived sexual orientation,                   United States (including the territories,                These categories of personnel include
                                                    gender identity, or marital status. The                   commonwealths, and possessions of the                 the dependents of military personnel
                                                    following nondiscrimination                               United States).                                       killed in combat-related operations (i.e.,
                                                    requirements are applicable to the use of                 DATES: Comments must be received by                   fallen soldiers); the dependents of
                                                    NHHBG funds:                                              July 8, 2016.                                         wounded and injured military
                                                    *      *    *     *     *                                 ADDRESSES: You may submit comments,                   personnel receiving medical care at
                                                       (4) The equal access to HUD-assisted                   identified by docket number and/or RIN                military hospitals on installations with
                                                    or insured housing requirements in 24                     number and title, by any of the                       DDESS schools (i.e. wounded warriors);
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                                                    CFR 5.105(a)(2).                                          following methods:                                    and to students enrolled in an overseas
                                                       (b) [RESERVED]                                            • Federal Rulemaking Portal: http://               DoD school who have been required to
                                                                                                              www.regulations.gov. Follow the                       depart the overseas location as a result
                                                    PART 1007—SECTION 184A LOAN
                                                                                                              instructions for submitting comments.                 of an evacuation order. Given the
                                                    GUARANTEES FOR NATIVE
                                                                                                                 Mail: Department of Defense, Office of             overall decline in student enrollment
                                                    HAWAIIAN HOUSING
                                                                                                              the Deputy Chief Management Officer,                  associated with the reduction of the
                                                    ■ 9. The authority citation for 24 CFR                    Directorate of Oversight and                          military force, there are no additional
                                                    part 1007 continues to read as follows:                   Compliance, 4800 Mark Center Drive,                   costs associated with this rulemaking


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                                                                              Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules                                             28041

                                                    which only reflects the statutory                       effects, distribute impacts, and equity).             Domestic Dependent Elementary and
                                                    changes to student eligibility.                         Executive Order 13563 emphasizes the                  Secondary Schools (DDESS).
                                                       Childhood education is essential, and                importance of quantifying both costs                     Type of Request: New.
                                                    DoD is determined to provide primary                    and benefits, of reducing costs, of                      Number of Respondents: 23,000.
                                                    and secondary education for dependent                   harmonizing rules, and of promoting                      Responses per Respondent: 1.
                                                    children of members of the armed forces                 flexibility. This proposed rule has been                 Annual Responses: 23,000.
                                                    and civilian employees of the Federal                   designated a ‘‘significant regulatory                    Average Burden per Response: 15
                                                    Government residing on military                         action,’’ although not economically                   minutes.
                                                    installations.                                          significant, under section 3(f) of                       Annual Burden Hours: 5.750.
                                                       This proposed rule updates the                       Executive Order 12866. Accordingly,                      Needs and Uses: Department of
                                                    eligibility requirements and the policy                 the proposed rule has been reviewed by                Defense Instruction 1342.26 establishes
                                                    and procedures for minor dependents                     the Office of Management and Budget                   policy and assigns responsibilities for
                                                    attending schools operated by DOD                       (OMB) under the requirements of these                 enrollment of certain dependents in
                                                    pursuant to 10 U.S.C. 2164. The                         Executive orders.                                     arrangements operated by or entered
                                                    proposed rule outlines procedures for                   Section 202, Public Law 104–4,                        into by the Department of Defense
                                                    eligibility, application, and enrollment                ‘‘Unfunded Mandates Reform Act’’                      pursuant to 10 U.S.C. 2164. Pursuant to
                                                    in DOD schools and describes                                                                                  this legislation, the Secretary of Defense
                                                    procedures for reimbursement of                            Section 202 of the Unfunded
                                                                                                                                                                  is authorized to enter into arrangements
                                                    educational services. The proposed rule                 Mandates Reform Act of 1995 (UMRA)
                                                                                                                                                                  to provide for the elementary and
                                                    applies to schools (prekindergarten                     (Pub. L. 104–4) requires agencies assess
                                                                                                                                                                  secondary education of certain members
                                                    through grade 12) operated by the                       anticipated costs and benefits before
                                                                                                                                                                  of the armed forces and civilian
                                                    Department of Defense within the                        issuing any rule whose mandates
                                                                                                                                                                  employees of the Federal Government
                                                    United States (including the territories,               require spending in any 1 year of $100
                                                                                                                                                                  residing within the United States
                                                    commonwealths, and possessions of the                   million in 1995 dollars, updated
                                                                                                                                                                  (including the territories,
                                                    United States).                                         annually for inflation. In 2014, that
                                                                                                                                                                  commonwealths, and possessions of the
                                                       This proposed rule also describes                    threshold is approximately $141
                                                                                                                                                                  United States). Authority to operate
                                                    procedures for participation of eligible                million. This proposed rule will not
                                                                                                                                                                  these schools or arrangements has been
                                                    dependents in the DoDEA Virtual                         mandate any requirements for State,
                                                                                                                                                                  delegated by the Secretary of Defense to
                                                    School (i.e., DoDEA’s on-line school).                  local, or tribal governments, nor will it
                                                                                                                                                                  the Department of Defense Education
                                                       Costs and Benefits:                                  affect private sector costs.
                                                                                                                                                                  Activity (DoDEA) Domestic Dependent
                                                       The total operating costs for the                    Public Law 96–354, ‘‘Regulatory                       Elementary and Secondary Schools
                                                    DDESS schools for FY15 is $383.1M.                      Flexibility Act’’ (5 U.S.C. 601)                      (DDESS). The operating statute, 10
                                                    Relative to the baseline of the                                                                               U.S.C. 2164, requires (1) students to be
                                                    Department of Defense Instruction                         The Department of Defense certifies
                                                                                                            that this proposed rule is not subject to             dependents of members of the armed
                                                    1342.26 where policies and                                                                                    forces or dependents of civilian
                                                    responsibilities for enrollment of certain              the Regulatory Flexibility Act (5 U.S.C.
                                                                                                            601) because it would not, if                         employees of the Federal government
                                                    dependents in arrangements operated by                                                                        residing on a military installation in the
                                                    or entered into by the Department of                    promulgated, have a significant
                                                                                                            economic impact on a substantial                      United States (including territories,
                                                    Defense pursuant to 10.U.S.C. 2164 are                                                                        commonwealths, and possessions of the
                                                    specified, the incremental costs                        number of small entities. Therefore, the
                                                                                                            Regulatory Flexibility Act, as amended,               United States or (2) students to be
                                                    associated with increasing the eligibility                                                                    dependents of members of the armed
                                                    criteria is expected to be zero. This                   does not require us to prepare a
                                                                                                            regulatory flexibility analysis.                      forces or dependents of civilian
                                                    program is not a transfer program since                                                                       employees of the Federal government
                                                    the education of these dependents                       Public Law 96–511, ‘‘Paperwork                        residing in a territory, commonwealth,
                                                    would not be assumed by the state                       Reduction Act’’ (44 U.S.C. Chapter 35)                or possession of the United States but
                                                    governments where these military                          Section 71.6(f) of this proposed rule               not on a military installation. In order
                                                    installations are located. The benefits of              contains information collection                       to determine eligibility for enrollment it
                                                    providing a tuition free education to                   requirements. DoD has submitted the                   is necessary for the agency collect
                                                    certain dependents of members of the                    following proposal to OMB under the                   information from each sponsor to prove
                                                    armed forces and civilian employees on                  provisions of the Paperwork Reduction                 dependency, employment and
                                                    military installations in the United                    Act (44 U.S.C. Chapter 35). Comments                  residential status on a school year basis.
                                                    States (including the territories,                      are invited on: (1) Whether the proposed                 Affected Public: Individuals or
                                                    commonwealths, and possessions of the                   collection of information is necessary                Households.
                                                    United States) remain the same.                         for the proper performance of the                        Frequency: On Occasion.
                                                    Regulatory Procedures                                   functions of DoD, including whether the                  Respondent’s Obligation: Required to
                                                                                                            information will have practical utility;              Obtain or Retain Benefits.
                                                    Executive Order 12866, ‘‘Regulatory                     (2) the accuracy of the estimate of the                  OMB Desk Officer: Jasmeet Seehra.
                                                    Planning and Review’’ and Executive                     burden of the proposed information                       Written comments and
                                                    Order 13563, ‘‘Improving Regulation                     collection; (3) ways to enhance the                   recommendations on the proposed
                                                    and Regulatory Review’’                                 quality, utility, and clarity of the                  information collection should be sent to
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                                                       Executive Orders 13563 and 12866                     information to be collected; and (4)                  Jasmeet Seehra, DoD Desk Officer, at
                                                    direct agencies to assess all costs and                 ways to minimize the burden of the                    Oira_submission@omb.eop.gov, with a
                                                    benefits of available regulatory                        information collection on respondents,                copy to the Department of Defense
                                                    alternatives and, if regulation is                      including the use of automated                        Education Activity, 4800 Mark Center
                                                    necessary, to select regulatory                         collection techniques or other forms of               Drive, Alexandria, VA 22350.
                                                    approaches that maximize net benefits                   information technology.                               Comments can be received from 30 to 60
                                                    (including potential economic,                            Title: Eligibility Requirements for                 days after the date of this notice, but
                                                    environmental, public health and safety                 Minor Dependents to Attend DoD                        comments to OMB will be most useful


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                                                    28042                        Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules

                                                    if received by OMB within 30 days after                 operated by or entered into by the DoD                Military Services are or may become
                                                    the date of this notice.                                in accordance with DoD Directive                      involved in military actions, operations,
                                                       You may also submit comments,                        1342.20 and 10 U.S.C. 2164.                           or hostilities against an enemy of the
                                                    identified by docket number and title,                                                                        United States or against an opposing
                                                    by the following method:                                § 71.2   Applicability.
                                                                                                                                                                  military force.
                                                       * Federal eRulemaking Portal: http://                   This part applies to:                                 DDESS arrangement. A school
                                                    www.regulations.gov. Follow the                            (a) The Office of the Secretary of                 operated by the DoD pursuant to DoD
                                                    instructions for submitting comments.                   Defense, the Military Departments                     Directive 1342.20 and 10 U.S.C. 2164
                                                       Instructions: All submissions received               (including the Coast Guard at all times,              and provides a free public education for
                                                    must include the agency name, docket                    including when it is a Service in the                 eligible children. This does not include
                                                    number and title for this Federal                       Department of Homeland Security by                    the DoDEA Virtual School.
                                                    Register document. The general policy                   agreement with that Department), the                     DDESS special arrangement. An
                                                    for comments and other submissions                      Office of the Chairman of the Joint                   agreement made pursuant to 10 U.S.C.
                                                    from members of the public is to make                   Chiefs of Staff and the Joint Staff, the              2164 and DoD Directive 1342.20
                                                    these submissions available for public                  Combatant Commands, the Office of the                 between the DoD and a local
                                                    viewing on the Internet at http://                      Inspector General of the Department of                educational agency where a school or a
                                                    www.regulations.gov as they are                         Defense, the Defense Agencies, the DoD                school system operated by the local
                                                    received without change, including any                  Field Activities, and all other                       educational agency provides
                                                    personal identifiers or contact                         organizational entities within the DoD                educational services to eligible
                                                    information.                                            (referred to collectively in this part as             dependent children of active duty
                                                       To request more information on this                  the ‘‘DoD Components’’).                              military members and full time DoD
                                                    proposed information collection or to                      (b) Arrangements operated by or
                                                                                                                                                                  civilian employees. Arrangements result
                                                    obtain a copy of the proposal and                       entered into by the DoD within the
                                                                                                                                                                  in partial or total federal funding to the
                                                    associated collection instruments,                      United States (including the territories,
                                                                                                                                                                  education agency for the educational
                                                    please write to Marsha Jacobson,                        commonwealths, and possessions of the
                                                                                                                                                                  services provided.
                                                    Department of Defense Education                         United States).                                          Dependent child. An unmarried child
                                                    Activity, 4800 Mark Center Drive,                          (c) Dependent children of active duty
                                                                                                                                                                  under the age of 21, who resides with
                                                    Alexandria, VA 22350.                                   military members (as defined in § 71.3)
                                                                                                                                                                  the sponsor and:
                                                                                                            and civilian employees of the Federal                    (1) Is the child of the sponsor,
                                                    Executive Order 13132, ‘‘Federalism’’                   Government enrolled or seeking
                                                                                                                                                                  including an adopted child or step-child
                                                      Executive Order 13132 establishes                     enrollment in arrangements.
                                                                                                                                                                  (but not after the divorce of the member
                                                    certain requirements that an agency                        (d) Dependent children of members of
                                                                                                            a foreign armed force assigned to and                 from the stepchild’s natural parent);
                                                    must meet when it promulgates a                                                                                  (2) Has been placed in the sponsor’s
                                                    proposed rule (and subsequent final                     residing on a U.S. military installation
                                                                                                                                                                  home by a local, State, or foreign
                                                    rule) that imposes substantial direct                   enrolled or seeking enrollment in
                                                                                                                                                                  government placement agency or a
                                                    requirement costs on State and local                    arrangements.
                                                                                                               (e) Dependent children of employees                government-approved process, provided
                                                    governments, preempts State law, or                                                                           the sponsor produces a document from
                                                                                                            of the American Red Cross residing in
                                                    otherwise has federalism implications.                                                                        such an agency establishing the fact of
                                                                                                            Puerto Rico enrolled or seeking
                                                    This proposed rule will not have a                                                                            relationship and the effective date of the
                                                                                                            enrollment in DDESS arrangements in
                                                    substantial effect on State and local                                                                         relationship;
                                                                                                            Puerto Rico.
                                                    governments.                                               (f) Non-DoD federal agencies seeking                  (3) The sponsor has acknowledged, in
                                                                                                            enrollment of dependent children of                   writing, that the child is a full-time
                                                    List of Subjects in 32 CFR Part 71
                                                                                                            full-time employees in arrangements on                resident in the sponsor’s household, the
                                                      Aid to families with dependent                                                                              sponsor is providing more than one-half
                                                    children, Elementary and secondary                      an agency reimbursable basis as
                                                                                                            determined by the Secretary of Defense.               of the child’s support, and the sponsor
                                                    education, Minors.                                                                                            accepts financial and educational
                                                    ■ Accordingly, 32 CFR part 71 is                        § 71.3   Definitions.                                 responsibility for the child as if the
                                                    proposed to be added to read as follows:                   These terms and their definitions are              child were the sponsor’s natural or
                                                                                                            for the purposes of this part.                        legally adopted child; or
                                                    PART 71—ELIGIBILITY                                        Active duty military member. A                        (4) Has been placed in the custody of
                                                    REQUIREMENTS FOR MINOR                                  member of the Military Services who                   the sponsor by a court of competent
                                                    DEPENDENTS TO ATTEND DOD                                has been ordered to:                                  jurisdiction in the United States and:
                                                    DOMESTIC DEPENDENT                                         (1) Active duty for at least 365                      (i) Is dependent on the sponsor for
                                                    ELEMENTARY AND SECONDARY                                consecutive days in accordance with 10                more than one-half of the person’s
                                                    SCHOOLS (DDESS)                                         U.S.C. 2164 or title 14, U.S.C.; or                   support.
                                                                                                               (2) Full-time National Guard duty for                 (ii) Is not a dependent of any sponsor
                                                    Sec.
                                                    71.1     Purpose.
                                                                                                            at least 365 consecutive days in                      in accordance with any other part of this
                                                    71.2     Applicability.                                 accordance with title 32, U.S.C.                      definition.
                                                    71.3     Definitions.                                      Arrangement. Actions taken by the                     DoDEA Virtual School: A virtual
                                                    71.4     Policy.                                        Secretary of Defense to provide                       school operated by the Department of
                                                                                                            education to dependent children of                    Defense in accordance with DoD
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                                                    71.5     Responsibilities.
                                                    71.6     Procedures.                                    active duty military members and                      Directive 1342.20 and 10 U.S.C. 2164 to
                                                      Authority: 5 U.S.C. 2103, 10 U.S.C. 2164,             civilian employees of the Federal                     provide a free public education for
                                                    31 U.S.C. 1535.                                         Government pursuant to DoD Directive                  eligible dependent children using an
                                                                                                            1342.20 and 10 U.S.C. 2164, through                   online platform.
                                                    § 71.1    Purpose.                                      either DDESS arrangements or DDESS                       Good cause. Consistent with the
                                                      This part establishes policy assigns                  special arrangements.                                 national interest, as approved by the
                                                    responsibilities for enrollment in                         Combat-related operation. An                       Secretary of Defense. Such cause would
                                                    arrangements (as defined in § 71.3)                     operation in which members of the                     permit the continued enrollment of a


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                                                                                Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules                                             28043

                                                    dependent child in a DDESS                                  (c) Under the authority, direction, and             a military installation served by a
                                                    arrangement in situations such as when                    control of the ASD(R&FM), the Director,               DDESS arrangement.
                                                    the child has only 1 year of school                       DoD Education Activity (DoDEA):                         (vi) Active duty military members and
                                                    remaining or other such meritorious                         (1) Makes determinations of eligibility             federal employees overseas whose
                                                    situations.                                               for enrollment in arrangements.                       enrolled dependents have been
                                                       Injured. To suffer physical harm or                    Decisions by the Director, DoDEA, on                  evacuated and relocated within a
                                                    damage to a part of one’s body. Any                       requests to enroll dependents in                      reasonable commuting distance of an
                                                    harm or damage that is done or                            arrangements in accordance with this                  arrangement in accordance with the
                                                    sustained. A condition caused by                          part are final.                                       criteria set forth in subsection (k) of 10
                                                    trauma, such as fracture, wound, sprain,                    (2) Monitors implementation and                     U.S.C. 2164.
                                                    dislocation, concussion, or                               compliance with this part.                              (2) Provide education on an agency-
                                                    compression. Also, an injury includes                       (3) Ensures arrangements allow only                 reimbursable basis to dependent
                                                    conditions resulting from extremes of                     those students authorized by this part to             children of full-time civilian employees
                                                    temperatures or prolonged exposure.                       enroll in arrangements.                               of non-DoD federal agencies residing in
                                                    Acute poisonings resulting from                                                                                 permanent living quarters for any part of
                                                    exposure to a toxic or poisonous                          § 71.6   Procedures.                                  the school year on a military installation
                                                    substance are also classed as injuries.                     (a) In compliance with paragraph (f)                served by a DDESS arrangement.
                                                       Line of duty. A finding after all                      of this section, DDESS arrangements                     (b) In compliance with paragraph (f)
                                                    available information has been reviewed                   within the United States will:                        of this section, DDESS special
                                                    that determines an injury, illness, or                      (1) Provide a tuition-free education to             arrangements within the United States
                                                    disease was incurred or aggravated                        the dependent children of:                            will:
                                                    while in an authorized duty status and                      (i) Active duty military members                      (1) Provide a tuition-free education to
                                                    was not due to gross negligence or                        residing in permanent living quarters for             the dependent children of:
                                                    misconduct of the member.                                 any part of the school year on a military               (i) Active duty military members
                                                       Professional, excepted service                         installation served by a DDESS                        residing in permanent living quarters for
                                                    employee. An excepted service                             arrangement.                                          any part of the school year on a military
                                                    employee, as defined in 5 U.S.C. 2103,                      (ii) Full-time civilian DoD employees               installation served by a DDESS special
                                                    who holds a valid license or certificate                  residing in permanent living quarters for             arrangement.
                                                    from governmental agency or                               any part of the school year on a military               (ii) Full-time civilian DoD employees
                                                    professional body attesting to                            installation served by a DDESS                        residing in permanent living quarters for
                                                    professional proficiency or knowledge                     arrangement.                                          any part of the school year on a military
                                                    (e.g., teacher, counselor, administrator,                   (iii) A deceased member of the                      installation served by a DDESS special
                                                    nurse, professional engineer,                             Military Services who died in the line                arrangement.
                                                    psychologist, media specialist,                           of duty in a combat-related operation.                  (iii) A deceased member of the
                                                    therapist) as certified by the agency.                    The operation must have been                          Military Services who died in the line
                                                       Sponsor. An active duty military                       designated as combat-related by the                   of duty in a combat-related operation.
                                                    member or civilian employee of the                        Secretary of Defense and the dependent                The operation must have been
                                                    Federal Government seeking to enroll a                    children must reside on or near a                     designated as combat-related by the
                                                    dependent child in an arrangement.                        military installation served by a DDESS               Secretary of Defense and the dependent
                                                    § 71.4   Policy.                                          arrangement.                                          children must reside on a military
                                                      It is DoD policy that arrangements are                    (iv) A member of a foreign armed                    installation served by a DDESS special
                                                    operated or entered into in accordance                    force residing in permanent living                    arrangement.
                                                    with 10 U.S.C. 2164. Enrollment is                        quarters for any part of the school year                (iv) A member of a foreign armed
                                                    limited to eligible dependent children of                 on a military installation served by a                force residing in permanent living
                                                    active duty military members, DoD                         DDESS arrangement.                                    quarters for any part of the school year
                                                    civilian employees, members of a                            (v) Active duty military members                    on a military installation served by a
                                                    foreign armed force, and certain                          occupying temporary housing,                          DDESS special arrangement.
                                                    employees of the American Red Cross                       regardless of whether the housing is on                 (2) Provide education on an agency
                                                    residing in Puerto Rico, or non-DoD                       federal property, when the Secretary of               reimbursable basis to dependent
                                                    federal agencies seeking enrollment of                    Defense has determined that the                       children of full-time civilian employees
                                                    dependent children of full-time                           circumstances justify extending the                   of non-DoD federal agencies residing in
                                                    employees in arrangements on an                           enrollment authority to include the                   permanent living quarters for any part of
                                                    agency reimbursable basis as                              dependents, including:                                the school year on a military installation
                                                    determined by the Secretary of Defense.                     (A) When adequate living quarters are               served by a DDESS special arrangement.
                                                                                                              unavailable on the military installation                (c) In compliance with paragraph (f)
                                                    § 71.5   Responsibilities.                                to which the active duty military                     of this section, DDESS arrangements
                                                      (a) The Under Secretary of Defense for                  member is assigned. Eligibility in                    within a territory, commonwealth, or
                                                    Personnel and Readiness (USD(P&R))                        accordance with this provision extends                possession of the United States will:
                                                    ensures that the DDESS program fosters                    only to dependent children of active                    (1) Provide a tuition-free education to
                                                    optimum communication on matters                          duty military members assigned by                     dependent children of:
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                                                    relating to DoDEA eligibility                             official orders to a military installation              (i) Active duty military members
                                                    requirements for DDESS within DoDEA                       served by a DDESS arrangement.                        residing in permanent living quarters for
                                                    and the Military Departments.                               (B) While the active duty military                  any part of the school year on a military
                                                      (b) Under the authority, direction, and                 member is wounded, ill or injured.                    installation served by a DDESS
                                                    control of the USD(P&R), the Assistant                    Eligibility in accordance with this                   arrangement.
                                                    Secretary of Defense for Readiness and                    provision extends only to dependent                     (ii) Full-time civilian DoD employees
                                                    Force Management (ASD(R&FM))                              children of active duty military                      residing in permanent living quarters for
                                                    monitors compliance with this part.                       members assigned by official orders to                any part of the school year on a military


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                                                    28044                     Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules

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


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                                                                              Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Proposed Rules                                                   28045

                                                    admission is sought. The active duty                    exception. Reimbursement shall be                     their school-aged dependents from the
                                                    military member or civilian employee                    obtained when required 10 U.S.C. 2164                 DDESS arrangement, DDESS RM will
                                                    sponsoring the dependent child(ren)                     (c)(2)(B).                                            send each agency a tuition
                                                    must provide proof of status upon                          (4) The sponsor seeking enrollment of              reimbursement notification letter for the
                                                    which the requested admission is based.                 a dependent child in the DoDEA Virtual                entire upcoming school year. Tuition
                                                    DDESS reserves the right to request                     School under paragraph (e)(2) of this                 reimbursement payments from the
                                                    additional information, should it be                    section shall provide proof that:                     agencies will be due by August of that
                                                    deemed necessary to make a                                 (i) The dependent is currently                     school year for the first grading period
                                                    determination of eligibility.                           enrolled in an elementary or secondary                and due by October for the remaining
                                                       (2) Eligibility based on residency on a              school operated by an LEA or other                    grading periods. These educational
                                                    military installation may be established                accredited educational program in the                 services are considered severable and
                                                    by:                                                     United States;                                        subject to the provisions of 31 U.S.C.
                                                       (i) Actual residence in permanent                       (ii) Immediately prior to enrollment in            1535, also known and referred to in this
                                                    quarters on a military installation served              the LEA or other accredited educational               part as the ‘‘Economy Act’’.
                                                    by an arrangement; or                                   program, the dependent was enrolled in                  (5) At the beginning of each fiscal
                                                       (ii) Written affirmation provided by                 an elementary or secondary school                     year, DoDEA RM allocates a portion of
                                                    the installation family housing manager                 operated by DoDDS;                                    the agency’s annual tuition
                                                    that the sponsor has applied for and will                  (iii) The LEA or other accredited                  reimbursement authority to DDESS,
                                                    be able to occupy permanent quarters on                 educational program does not offer the                which grants explicit permission to
                                                    the military installation within 90                     requested coursework or extenuating                   collect and retain tuition
                                                    school days (or 180 school days if an                   circumstances exist to justify enrolling              reimbursements that directly offset
                                                    exception for the installation has been                 the dependent in the DoDEA Virtual                    agency operating expenses for providing
                                                    approved by the Secretary of Defense)                   School; and                                           educational services.
                                                    after the sponsor reports to the new duty                  (iv) The course(s) through the DoDEA                 (6) Federally funded agencies are
                                                    station. Enrollment occurring pursuant                  Virtual School are taken for credit, or               required to establish an interagency
                                                    to this paragraph obligates the sponsor                 extenuating circumstances exist to                    agreement with DDESS. This agreement
                                                    to accept permanent quarters on the                     justify enrolling the dependent in the                serves as the authority for the Defense
                                                    military installation when available and                DoDEA Virtual School.                                 Finance and Accounting Service (DFAS)
                                                    offered or the dependent child’s                           (g) The Secretary of Defense may
                                                                                                                                                                  to centrally bill or transfer funds
                                                    eligibility to attend the arrangement                   permit a currently enrolled student to
                                                                                                                                                                  between the ordering agency and the
                                                    terminates.                                             continue:
                                                                                                                                                                  provider of educational services based
                                                       (3) Eligibility for dependent children                  (1) For the remainder of the year, if
                                                                                                                                                                  on DDESS tuition collection billings and
                                                    of full-time employees of the Federal                   the status of the sponsor of a currently
                                                                                                                                                                  refunds. DFAS will process
                                                    Government, will be established in                      enrolled student changes so that the
                                                                                                                                                                  reimbursable payment transactions via
                                                    accordance with these provisions:                       dependent child would no longer be
                                                       (i) The sponsor seeking enrollment                                                                         the Intra-Governmental Payment and
                                                                                                            eligible for enrollment in an
                                                    will provide proof of full-time                                                                               Collection system.
                                                                                                            arrangement.
                                                    employment with the Federal                                (2) Beyond the current school year in                (i) Procedures for payment of tuition
                                                    Government, or the agency employing                     a DDESS arrangement notwithstanding a                 for educational services provided by
                                                    the civilian sponsor will provide a                     change in the status of the sponsor                   DoDEA Virtual School
                                                    written statement confirming the                        which would otherwise terminate                         (1) All members of the Military
                                                    sponsor’s position meets the eligibility                eligibility for good cause. Requests for              Services on active duty seeking to enroll
                                                    requirements.                                           continuation of enrollment, beyond the                dependents in the DoDEA Virtual
                                                       (ii) The written statement must be                   end of the school year, for good cause,               School pursuant to paragraph (e)(2) of
                                                    signed by the agency’s Director of                      must be in writing and submitted to the               this section will pay tuition to the
                                                    Personnel or principal administrative                   Director, DDESS. A good cause                         Department of Defense for the cost of
                                                    officer at its main headquarters.                       authorization for continued enrollment                the educational services provided.
                                                       (iii) Federal government employees                   will cover only one school year at a                    (2) Tuition is based on the average
                                                    residing in a territory, commonwealth,                  time.                                                 market rate for virtual courses offered to
                                                    or possession of the United States                         (h) Procedures for reimbursement of                the public in the U.S.
                                                    seeking to continue the enrollment of                   educational services:                                   (3) DoDEA RM will publish the
                                                    their dependent(s) in a DDESS                              (1) All non-DoD federal agencies                   ensuing school year’s educational
                                                    arrangement for more than 5                             whose employees enroll a dependent in                 services tuition rates on or before May
                                                    consecutive years pursuant to paragraph                 an arrangement pursuant to 10 U.S.C.                  31st of each year.
                                                    (a)(1)(v)(C), (c)(2)(iii), or (d)(1)(vi) of this        2164 will reimburse the DoD for the cost                (4) Tuition must be paid prior to
                                                    section must submit a request for an                    of educational services provided on a                 enrollment.
                                                    exception to policy. The request must be                school year basis.                                      (5) Tuition payments are reimbursable
                                                    made in writing and submitted through                      (2) The non-DoD federal agency will                up to three weeks after enrollment in
                                                    the employee’s agency to the Director,                  certify school-aged dependents for their              the DoDEA Virtual School on a pro-
                                                    DDESS, for consideration. The request                   employees no later than May 1st each                  rated basis.
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                                                    must be received by the Director,                       year for the following school year.
                                                    DDESS before the start of the school                       (3) DoDEA resource management                        Dated: May 4, 2016.
                                                    year for which the exception is                         (RM) will publish the ensuing school                  Aaron Siegel,
                                                    requested and must provide information                  year’s educational services tuition rates             Alternate OSD Federal Register Liaison
                                                    showing that in the interest of the                     on or before May 31st each year.                      Officer, Department of Defense.
                                                    dependent’s educational well-being,                        (4) Each June, upon receipt of an                  [FR Doc. 2016–10821 Filed 5–6–16; 8:45 am]
                                                    good cause exists for granting the                      official list of eligible employees and               BILLING CODE 5001–06–P




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Document Created: 2018-02-07 14:50:06
Document Modified: 2018-02-07 14:50:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by July 8, 2016.
ContactMarsha Jacobson, 571-372-1900.
FR Citation81 FR 28040 
RIN Number0790-AJ13
CFR AssociatedAid to Families with Dependent Children; Elementary and Secondary Education and Minors

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