10 USC 2164d - Limitation on school closures and certain other actions with respect to schools operated by the Department of Defense Education Activity

U.S Code last checked for updates: Apr 01, 2026

§ 2164d.

Limitation on school closures and certain other actions with respect to schools operated by the Department of Defense Education Activity

(a)

Limitation.—

The Secretary of Defense may not take any action described in subsection (b) with respect to a school operated by the Department of Defense Education Activity unless—

(1)

the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives—

(A)

written notice of the intent of the Secretary to take such action with respect to such school;

(B)

the report required under subsection (c); and

(C)

a written assurance that the Director of the Department of Defense Education Activity has met, engaged with, and solicited feedback from students, parents, teachers, administrators, military installation leadership, and the local community concerning the proposed action; and

(2)

a period of one year has elapsed following the date on which the requirements under paragraph (1) have been met.

(b)

Actions Described.—

The actions described in this subsection are the following:

(1)

Closing or terminating the operations of a school.

(2)

Preparing to close or terminate the operations of a school.

(3)

Reducing by 20 percent or more the number of spaces available for enrollment in a school.

(4)

Significantly reducing the services provided by a school, including—

(A)

curriculum offerings;

(B)

special education services; and

(C)

extracurricular activities.

(5)

Transferring or conveying a school to a local educational agency or any other entity outside the Department of Defense.

(c)

Report.—

Before taking any action described in subsection (b), the Secretary of Defense shall prepare a report containing a justification and analysis of such action. Such justification and analysis shall include an explanation of—

(1)

the monetary costs to the Department of Defense of the action; and

(2)

the effects of the action on—

(A)

students;

(B)

curriculum;

(C)

gifted education programs;

(D)

special education programs, including individualized education programs (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)));

(E)

educational and other accommodations provided under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

(F)

the Exceptional Family Member Program; and

(G)

local educational agencies in the area of the affected school.

(d)

Local Educational Agency Defined.—

In this section, the term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(Added Pub. L. 119–60, div. A, title V, § 585(a), Dec. 18, 2025, 139 Stat. 891.)

cite as: 10 USC 2164d