20 U.S.C. § 923 — Space-available enrollment of students; tuition

(a) Enrollment of ineligible child in system school

Subject to subsection (b) and regulations under subsection (c), the Director^* may allow a child who otherwise cannot enroll to attend a defense dependents’ education system school, if and to the extent that the school has space for the child.

(b) Determination of amount of tuition; use of payments

(1) Unless subsection (c) provides otherwise, a child allowed to enroll under this section must pay tuition at a rate set by the Secretary of Defense. The rate may not be less than the amount needed to cover the average cost of enrolling children under this section.

(2) Money received under paragraph (1) may be used by the system to help cover the cost of enrolling children under this section.

(c) Regulations respecting enrollment requirements

(1) The Secretary of Defense may issue regulations identifying classes of children eligible to enroll when space is available, setting priorities among those classes, waiving the tuition requirement in subsection (b)(1) for a class, and making other rules needed to carry out this section.

(2)(A) The regulations must require that the children in subparagraph (B) receive the same tuition requirements, or tuition waiver, as the children in subparagraph (C).

(B) This class is children of reserve-component members who (i) are on active duty under an order under section 12301 or 12302 of title 10; (ii) were ordered to active duty from a location in the United States other than Alaska or Hawaii; and (iii) are serving outside the United States or in Alaska or Hawaii.

(C) This class is children of reserve-component members who (i) are on active duty under an order under section 12301 or 12302 of title 10; (ii) were ordered to active duty from a location outside the United States, or in Alaska or Hawaii; and (iii) are serving outside the United States or in Alaska or Hawaii.

(d) Enrollment of certain children in overseas schools

(1) The Secretary of Defense may allow these classes of children to enroll in system schools:

(A) Children of United States officers and employees, other than civilian officers and employees who are sponsors under section 932(2) of this title, stationed overseas.

(B) Children of contractor employees working for the United States in overseas areas.

(C) Children of other United States citizens or nationals, or of foreign nationals, if the Secretary decides that enrollment is in the national interest.

(D) Children of American Red Cross employees who (i) perform full-time services for the Armed Forces, including emergency services, and (ii) live in an overseas area^* supported by a system school.

(2) Despite subsection (c), the Secretary may not waive subsection (b)(1)’s tuition requirement for these children.