HR 5987 — Total Force Family Education Act

(a) Authority of Secretary.— (1) If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and 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), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees. (2) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), 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, to enroll in an educational program provided by the Secretary pursuant to this subsection. If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member’s orders, may be enrolled in an educational program provided by the Secretary under this subsection. (3) (A) Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residence on a military installation. (B) Subparagraph (A) applies only if— (i) the dependents reside in temporary housing (regardless of whether the temporary housing is on Federal property)— (I) because of the unavailability of adequate permanent living quarters on the military installation to which the member is assigned; or (II) while the member is wounded, ill, or injured; and (ii) the Secretary determines that the circumstances of such living arrangements justify extending the enrollment authority to include the dependents. (b) Factors for Secretary To Consider.— (1) Factors to be considered by the Secretary of Defense in making a determination under subsection (a) shall include the following: (A) The extent to which such dependents are eligible for free public education in the local area adjacent to the military installation. (B) The extent to which the local educational agency is able to provide an appropriate educational program for such dependents. (2) For purposes of paragraph (1)(B), an appropriate educational program is a program that, as determined by the Secretary, is comparable to a program of free public education provided for children by the following local educational agencies: (A) In the case of a military installation located in a State (other than an installation referred to in subparagraph (B)), local educational agencies in the State that are similar to the local educational agency referred to in paragraph (1)(B). (B) In the case of a military installation with boundaries contiguous to two or more States, local educational agencies in the contiguous States that are similar to the local educational agency referred to in paragraph (1)(B). (C) In the case of a military installation located in a territory, commonwealth, or possession, the District of Columbia public schools, except that an educational program determined comparable under this subparagraph may be considered appropriate for the purposes of paragraph (1)(B) only if the program is conducted in the English language. (c) Eligibility of Dependents of Federal Employees.— (1) (A) A dependent of a Federal employee residing in permanent living quarters on a military installation at any time during the...