[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR68.5]



[Page 388-389]

 

                       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.



[[Page 389]]



    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.

    State educational agency. The officer or Agency primarily 

responsible for State supervision of public elementary and secondary 

schools.