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to eligible dependent children under $68.1(b). Guidance, consistent with $68.1 (b) and (c) for student eligibility for Section 6 School Arrangements located outside of CONUS, Alaska, and Hawaii shall be established by the Military Department concerned after coordination and approval by the General Counsel of the Department of Defense, or designee, and the Assistant Secretary of Defense (Force Management and Personnel), or designee.

(h) Where a member of the Armed Forces is transferred or retires and the member's family moves after the start of the school year from on-base (post) housing, the member's children shall be permitted to continue in attendance at the Section 6 School Arrangement for the remainder of the school year during which the transfer or retirement occurred, if the child is residing with a parent or legal guardian or another person acting in loco parentis.

(i) Where a member of the Armed Forces is assigned to an installation on which there is a Section 6 School Arrangement and is assigned on-base (post) family housing that is expected to be available for occupancy and to be occupied within 90 school days from the reporting date, the member's children may be permitted to attend the school while residing in an area adjacent to such Federal property. Transportation for children attending a Section 6 School Arrangement under these conditions is the responsibility of the parent.

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 $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 perpupil 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

8 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

public supervision and direction with- (4) Ensure that the free public eduout charge to the sponsor of a child, cation being provided is, to the maxiand that is provided at the elementary mum extent practicable, of the kind or secondary school level of the appli- and quality as that being provided by cable State. The term shall not include comparable public school districts in any education provided beyond grade the State in which the Section 6 School 12, except in the case of State policy Arrangement or Section 6 Special Arregarding the education of handicapped rangement is located or, if outside of students, nor does it preclude the col- CONUS, Alaska, and Hawaii, as that lecting of tuition from an Agency re- being provided by the District of Cosponsible for the assignment of a lumbia public schools. child's sponsor resulting in the attend- (5) Ensure the establishment of audit ance of the child of a Section 6 School procedures for reviewing funding of Arrangement.

Section 6 School Arrangements and Local educational agency. A board of Section 6 Special Arrangements under education or other legally constituted 868.1 (a), (b), and (c). local school authority having adminis- (6) Ensure timely and accurate prepatrative control and direction of free ration of budget execution reports and public education in a county, township, full compliance with accounting reindependent, or other school district in quirements in accordance with DoD a State. The term includes any State 7220.9-M2 (868.1(1)). Agency operating and maintaining fa- (7) Approve guidance for student elicilities for providing free public edu- gibility established by a Military Decation.

partment for Section 6 School ArrangeParent. Includes a legal guardian or ments located outside of CONUS, Alasanother person standing in loco ka, and Hawaii. parentis.

(b) The General Counsel of the DepartState. A State, Puerto Rico, Wake Is- ment of Defense (GC, DOD), or designee, land, Guam, the District of Columbia, shall: American Samoa, the Northern Mari- (1) Approve guidance established by a ana Islands, or the Virgin Islands.

Military Department for student eligiState educational agency. The officer bility for Section 6 School Arrangeor Agency primarily responsible for ments located outside of CONUS, AlasState supervision of public elementary ka, and Hawaii. and secondary schools.

(2) Provide legal advice for the imple

mentation of this part. 868.6 Responsibilities.

(c) The Secretaries of the Military De(a) The Assistant Secretary of Defense partments, or designees, shall: (Force Management and Personnel) (1) Comply with this Directive, in(ASD(FM&P)), or designee, shall:

cluding policies and procedures pro(1) Ensure the development of poli- mulgated under $68.6(a)(1), and ensure cies and procedures for the operation, that Section 6 School Arrangements on management, budgeting (in accordance their respective installations or under with guidance provided by the Assist- their jurisdiction are maintained and ant Secretary of Defense (Comptroller) operated under this part. (ASD(C)), construction, and financing (2) Submit budgets to the of Section 6 Schools and for Section 6 ASD(FM&P) for operation and mainteSpecial Arrangements.

nance, procurement, and military con(2) Ensure that arrangements shall be struction for each Section 6 School Armade for the free public education of rangement and each Section 6 Special eligible de dent children in CONUS, Arrangement under OSD guidelines. Alaska, Hawaii, Puerto Rico, Wake Is- (3) Ensure that there is an elected land, Guam, American Samoa, the school board at each Section 6 School Northern Mariana Islands, and the Vir- Arrangement. gin Islands, under $68.1 (a), (b), and (c). (3) Ensure the establishment of elect

2 Copies may be obtained, at cost, from the ed school boards in Section 6 School

U.S. Department of Commerce, National Arrangements operating under $68.1 (a) Technical Information Service, 5285 Port and (b).

Royal Road, Springfield, Va 22161.

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(4) Ensure the establishment of a cordance with the budget approved by means for employing personnel and, as the ASD(FM&P), or designee. required, for programming manpower (e) The Section 6 Dependents' School spaces for such employees, all subject Board shall: to applicable laws and regulations.

(1) Review and monitor school ex(5) Ensure that each Section 6 School penditures and operations, subject to Arrangement has current operating audit procedures established under this guidelines.

part and consistent with $68.1 (a) and (6) Ensure that nonappropriated (b). funds ard related activities of Section (2) Conduct meetings, approve agen6 School Arrangements are reviewed das, prepare minutes, and conduct under DoD Directive 7600.63 (868.1(j)). other activities incident to and associ

(7) Establish guidance, consistent ated with Section 6 School Arrangewith $68.1 (b) and (c), for student eligi- ments. bility to attend Section 6 School Ar- (3) Recruit and select a Superintendrangements located outside of CONUS, ent for the Section 6 School ArrangeAlaska, and Hawaii and operated by ment under the school board's jurisdicthe Military Department concerned. tion. Gain the approval of the ASD(FM&P), (4) Provide the Superintendent with or designee, and the GC, DoD, or des- regular constructive written and oral ignee, before implementation.

evaluations of nis or her performance. (d) The Installation Commanders, or Evaluations should be linked to goals for Puerto Rico, the Area Coordinator, established by the school board with shall:

the assistance of the Superintendent. (1) Provide resource and logistics (5) Provide the Superintendent the support at each Section 6 School Ar- benefit of the school board's counsel in rangement located on the installation, matters on individual school board

(2) Ensure the establishment and op- member's expertise. eration of an elected school board at (6) Ensure the attendance of the Suthe Section 6 School Arrangement. perintendent, or designee, at all school

(3) Ensure the implementation of board meetings. DOD Directive 5500.74 (868.1(k)) and (7) Review and approve school budgthat all Section 6 School Arrangement ets prior to submission to the personnel are counseled and familiar- ASD(FM&P), designee, through ized with its contents.

channels of the Military Department (4) Provide installation staff person- concerned. nel to advise the school board in budg- (8) Establish policies and procedures et, civil engineering, law, personnel, for the operation and administration of procurement, and transportation mat- the Section 6 School Arrangement(s). ters, when applicable.

(9) Provide guidance and assistance (5) Disapprove actions of the school to the Superintendent in the execution board that conflict with applicable and implementation of school board statutes or regulations. Disapprovals policies, rules, and regulations. must be in writing to the school board (10) Consult with the Superintendent and shall note the specific reasons for on pertinent school matters, as they the disapprovals. A copy of this action arise, which concern the school and on shall be forwarded through channels of which the school board may take acthe Military Department concerned to tion. the ASD(FM&P), or designee.

(11) Channel communications with (6) Ensure the safety of students school employees that require action traveling to and from the on-base through the Superintendent, and refer (post) school(s).

all applications, complaints, and other (7) Ensure that comptrollers and communications, oral or written, to other support elements comply with the Superintendent in order to ensure the authorized execution of funds for the proper processing of such commuSection 6 School Arrangements in ac- nications.

(12) Establish policies and procedures 3 See footnote 1 to $68.4(e).

for the effective processing of, and re* See footnote 1 to $68.4(e).

sponse to, complaints.

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(1) The Section 6 School Arrangement Superintendent shall:

(1) Serve as the chief executive officer to the school board to ensure the implementation of the school board's policies, rules, and regulations.

(2) Attend all school board meetings, or send a designee when unable to attend, sitting with the school board as a non-voting member.

(3) Provide advice and recommendations to the school board and the Installation Commander or Area Coordinator on all matters and policies for the operation and administration of the school system.

(4) Recruit, select, and assign all professional and support personnel required for the school system. Teachers and school administrators shall hold, at a minimum, a current and applicable teaching or supervisory certificate, respectively, from any of the 50 States, Puerto Rico, the District of Columbia, or the DoD Dependents' Schools system. Additional certification may be necessary to comply with respective State or U.S. national accreditation, association standards and requirements.

(5) Determine retentioa or termination of employment of all school personnel under applicable Federal regulations.

(6) Organize, administer, and supervise all school personnel to ensure that the curriculum standards, specialized programs, and level of instruction are comparable to accepted educational practices of the State or the District of Columbia, as applicable.

(7) Be responsible for the fiscal management and operation of the school system to include execution of the budget as approved by ASD(FM&P), or designee, and in accordance with school board guidance.

(8) Ensure the evaluation of all school employees on a regular basis.

(9) Ensure the maintenance of all school buildings, grounds, and property accounting records.

(10) Ensure the procurement of necessary school supplies, equipment, and services.

(11) Ensure the preparation of the annual Section 6 School Arrangement budget as approved by the school board, and

required by the ASD(FM&P), or designee, and the Mili

tary Department concerned, in accordance with guidance provided by the ASD(C), or designee, under DoD 7220.9 M.

(12) Ensure the maintenance of a professional relationship with local and State school officials.

(13) Ensure, wherever practicable, the maintenance of accreditation of the Section 6 School Arrangement by the State and/or applicaele regional accreditation agencies.

(14) Operate the school consistent with applicable Federal statutes and regulations, and with State statutes and regulations that are made applicable to the Section 6 School Arrangement by this part.

(15) Ensure the submission of an annual statement to the Military Department concerned demonstrating comparability of the free public education provided in the Section 6 School Arrangement(s).

(16) Ensure the implementation of the local State plan or regulatory guidelines for compliance with $68.1(g). If the State on which a Section 6 School Arrangement's comparability is based has not adopted a State plan, the responsible Section 6 School System Superintendent shall choose the State plan of an adjacent State to follow. If no adjacent State has adopted a State plan, the Superintendent shall select the State plan of another State that is similar to the State in which the Section 6 School Arrangement is located.

(g) Section 6 School Board Elections. A school board for a Section 6 School Arrangement, as authorized by section 1009(d) of $ 68.1(c), shall be empowered to oversee school expenditures and op erations, subject to audit procedures established by the Secretary of Defense and under $68.1(b). The Secretary of the respective Military Department shall:

(1) Ensure that the school board is composed of a minimum of three members elected only by parents or legal guardians (military or civilian) of students attending the school at the time of the election. The terms for school board members are to be established as between one and three years.

(2) Ensure the following procedures for a school board election are observed:

as

PART 69-SCHOOL BOARDS FOR THE DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS

Sec.
69.1 Purpose.
69.2 Applicability and scope.
69.3 Definitions.
69.4 Policy.
69.5 Responsibilities.
69.6 Procedures.

AUTHORITY: 10 U.S.C. 2164.

SOURCE: 61 FR 271, Jan. 4, 1996, unless otherwise noted.

(i) Parents shall have adequate notice of the time and place of the election.

(ii) Election shall be conducted by secret ballot. The candidate(s) receiving the greatest number of votes shall be elected as school board member(s).

(iii) Personnel employed in the school system shall not be school board members, except for the Superintendent, who serves as a non-voting member.

(iv) Nominations shall be by petition of parents of students attending the school at the time of the election. Votes may be cast at the time of election for write-in candidates who have not filed a nomination petition if the write-in candidates otherwise are qualified to serve in the positions sought.

(v) The election process shall provide for the continuity of school board operations. (vi) Vacancies that

among members of the elected school board may be

filled to complete unexpired terms by either election of members by a special election process or by a school board election process if at least three school board members serving were elected by parents. Members elected to fill unexpired terms shall not serve more than one year, unless elected by parents of the students.

(vii) The responsibility for developing the plans for and conducting the school board election rests with the Superintendent and the school board. (52 FR 44389, Nov. 19, 1987, as amended at 53 FR 49981, Dec. 13, 1988)

Occur

8 69.1 Purpose.

This part prescribes policies and procedures for the establishment and operation of elected School Boards for schools operated by the Department of Defense (DoD) under 10 U.S.C. 2164 and 32 CFR part 345. 8 69.2 Applicability and scope.

This part applies to:

(a) The Office of the Secretary of Defense (OSD), the Military Departments, the Coast Guard when operating as a service of the Department of the Navy or by agreement between DoD and the Department of Transportation, the Chairman of the Joint Chiefs of Staff, the Unified and Specified Combatant Commands, the Inspector General of the Department of Defense, the Uniformed Services University of the Health iences, the Def se Agencies, and the DoD Field Activities.

(b) The schools (pre-kindergarten through grade 12) operated by the DoD under 10 U.S.C. 2164 and 32 CFR part 345 within the Continental United States, Alaska, Hawaii, Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands, known as DoD DDESS Arrangements.

(c) This part does not apply to elected school boards established under State or local law for DoD DDESS special arrangements.

8 68.7 Effective date and implementa

tion. This part is effective October 16, 1987. The Secretary of each Military Department shall forward two copies of the Military Department's implementing documents to the ASD(FM&P) within 120 days.

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