[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR68.5]

[Page 321-322]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 68--PROVISION OF FREE PUBLIC EDUCATION FOR ELIGIBLE CHILDREN PURSUANT 
TO SECTION 6, PUBLIC LAW 81-874--Table of Contents
 
Sec. 68.5  Definitions.

    Adjacent area. A geographic location that is next to or near Federal 
property. This normally should include a student commuting area within 
45 minutes of the Federal property, unless another area identified as 
adjacent is designated specifically by an administrator of the Federal 
property; i.e., the installation commander.
    Arrangements. Actions taken by the Secretary of Defense to provide a 
free public education to dependent children under Pub. L. 81-874 
through, first, Section 6 School Arrangements or, second, Section 6 
Special Arrangements:`
    (a) Section 6 School Arrangement. When a DoD-operated scxool is 
established on Federal property to provide a free public education for 
eligible children or, if not established on such property, the eligible 
child resides on such property.
    (b) Section 6 Special Arrangement. An agreement, under Sec. 68.1(b), 
between the Secretary of Defense, or designee, the ASD(FM&P), or 
designee, or the Secretary of a Military Department, or designee, and a 
local public education agency whereby a school or a school system 
operated by the local public education agency provides educational 
services to eligible dependent children of U.S. military personnel and 
federally employed civilian personnel. Arrangements result in partial or 
total Federal funding to the local public education agency for the 
educational services provided.
    Comparability. Comparability is the act of demonstrating that the 
educational services and programs, school plant and facilities, budget 
and per-pupil expenditures, and all associated activities and services 
provided in Section 6 School Arrangements for the free public education 
of eligible dependent children are, to the maximum extent practicable, 
equivalent in quality and availability to those provided by school 
districts in the State where the Section 6 School Arrangement is located 
or the district(s) to which it is compared. Each Section 6 School 
Arrangement, in coordination with the Military Department concerned, 
shall provide an annual statement, with supporting documentation, which 
demonstrates its comparability.
    Dependent children. Children who reside on Federal property, or are 
minor dependents who are the children, stepchildren, adopted children, 
or wards of U.S. military sponsors or federally employed sponsors, or 
who are residents in the households of bona fide sponsors who stand in 
loco parentis to such individuals and who receive one-half or more of 
their support from such sponsors, and are within the age limits for 
which the applicable State provides free public education.
    Federal property. Real property that is owned or leased by the 
United States.
    Free public education. Education that is provided at public expense 
under public supervision and direction without charge to the sponsor of 
a child, and that is provided at the elementary or secondary school 
level of the applicable State. The term shall not include any education 
provided beyond grade 12, except in the case of State policy regarding 
the education of handicapped students, nor does it preclude the 
collecting of tuition from an Agency responsible for the assignment of a 
child's sponsor resulting in the attendance of the child of a Section 6 
School Arrangement.
    Local educational agency. A board of education or other legally 
constituted local school authority having administrative control and 
direction of free public education in a county, township, independent, 
or other school district in a State. The term includes any State Agency 
operating and maintaining facilities for providing free public 
education.
    Parent. Includes a legal guardian or another person standing in loco 
parentis.
    State. A State, Puerto Rico, Wake Island, Guam, the District of 
Columbia, American Samoa, the Northern Mariana lslands, or the Virgin 
Islands.

[[Page 322]]

    State educational agency. The officer or Agency primarily 
responsible for State supervision of public elementary and secondary 
schools.