DEPARTMENT OF DEFENSE (DOD) LEGISLATIVE PROPOSAL 98-152 TO AMEND THE DEFENSE DEPENDENTS' EDUCATION ACT (DDEA) OF 1978 AS AMENDED TO PERMIT THE MINOR DEPENDENTS OF UNITED STATES GOVERNMENT PERSONNEL STATIONED OVERSEAS TO ATTEND THE DEPA

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP86B00338R000400530004-8
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RIPPUB
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S
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11
Document Creation Date: 
December 21, 2016
Document Release Date: 
August 28, 2008
Sequence Number: 
4
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Publication Date: 
August 8, 1984
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MEMO
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Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Iq Next 4 Page(s) In Document Denied Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 DEPART,MENT OF STATE CLEARANCE REQUEST TO CIA- FROM State - Al 'L (~ l 25X1 ? o.wances Start (A/ALS) ' /{ FOR INFO CALL_' Ms. Contos on Ronald B. Rabens 235-9522 SUBJECT: Mandatory Attendance at DOD Schools REF: Please comment on the following or attached proposal for c as indicated. Your concurrence or dissent on this form should bereturned to me by February 10, 1934 unless you request additional time for urgent. reasons. If we do not hear from you by then we shall assume agreement" and the material will be published as proposed or as.amendea with the-concurrences of other offices. lo-ie-,..propose;. to,,.delete . fron the Standardized--Regulations -(GC,?-A ?j;;~t'ne-tpr-ovi-sion requ,iring--.chi.ldien of eriployees ..of 'U.S:G. ' civiliaii agencies stationed -at?posfs with..zDOD .school-s-,to. attend--those schoolC educationa.llo~,aarice. Enclosed are our ~'' in. order:-to- i~e,eligible ..for:. the educato. F proposed regulations eliminating the use of Depar tnent o~ Defense Schools. SENT TO: AF/EX, ARA/EX, EA/EX, EUR/EX, NEA/EX, IO/EX, M/COUP/BP, L/!4, AID, Agriculture, Air Force, Array, DOD, Navy, CIA, Commerce, Energy, GAO, GSA, HHS, Interior. Justice, Labor, NASA, NSF, NSA, PC, Smithsonian, Transportation, Treasury, USIA, VA - ADDRESSEE'S COI1111EM S: Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8:' JOWA Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 271 Definitions a. Education-allowance" means, an allowance to assist an employee in meeting the extraordinary and necessary expenses, not otherwise compensated for, incurred by reason of his/her service in a foreign area in providing adequate elementary and secondary education fqr his/her children. States. The major criterion of "adequacy" is whether a child of normal ability, upon completion of a grade, or its equivalent, can enter the-next higher grade in a public school in the United States. C. "Educational facility" means (1) "school at post` or (2) school away from post' or (3) "home study" as defined in this section. d. School at post' means an elementary or secondary school within daily commuttng distance of the employee's home. e. School away From post" means an elementary or secondary school so far beyond daily commuting distance-.of the employee's post-as to necessitate board and room in connection with attendance.. f. )l., study course-means a complete academic course using correspondence-course materials 'tidcgyate school' means an elementary school (grades kindergarten and 1-8 or equivalent) or secondary school (grades 9-12 or equivalent) not requiring mandatory denominational religious instruction and providing an educational curriculum and services reasonably comparable to those normally provided without charge in public schools in the United in the home orsprivate instruction. mild' means a. dependent who is one of the children defined in Section 040m(2) and (4) and who is eligible for education at the elementary or secondary school level (grades K-12) except that such child must have attained the age of four years and must not have reached his/her 21st birthday. - - "School Year' means the total number of calendar days involved in obtaining, by means of a specific educational facility, elementary or iecondarjr schooling within one prescribed - maximum rate i-n one 12 month period. Advanced Placement Courses' are those courses offered by The College Board, 888 Seventh Avenue, New York.. New York 10106 which give students the opportunity to pursue college-level= studies while still in?secondary school and to receive advanced placement - and credit, or'one of these, upon entering college. These courses usually culminate with the taking or an. exam.-- (Since children in U.S-. public"schools-must pay certain fees in STANDARDIZED REGULATIONS T).SR-368 Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 0 272.2 Rit c of d on. Allowy~nte Rates of education allowance are provided for `school at post'. 'school away from post' and 'hcxne study'. Where a local school is adequate, the 'school at post- and the "school away from post" rates are identical. In this circumstance, the rate for 'school 'away from post' does not reflect the costs of attending a boarding school but simply indicates the allowance available for an employee who desires to Send his/her child away to school despite the availability of an adequate local school. Where a local school is inadequate. an allowance rate is established to assist with the costs of attending the nearest and, transportation considered, least expensive adequate boarding school- Separate rates are available for home study courses or private instruction. An employee may not receive an allowance greater than the rate provided for the educational facility selected except in connection with supplementary instruction or education of a handicapped child. 272.3 Selection of School An employee has freedom of choice in school selection Lift-t to 273 Aoplieation Including im dine r r After the employee, or a family member, has arrived at the post.'he/shemay file an application including estimates OF costs of tuition, books and supplies, required-Fees, room and board, and transportation for an education allowance grant on behalf of each child. (See allowable costs in Section 277). -M-ever, an employee is expected-to.Submit Such receipts, billings, or other acceptable ducvnentation of actual costs as are available at'-the time of the application. Such. application shall not'-include a child who has traveled to the United States under the provisions, of Section 280 within the 12 months immediately prior to the date of the beginning of the child's school year. -tSee also Section 276.2). The application for each child shall be only for the school year, or fraction thereof, for which _one-maximum rate is applicable. Evidef)ce of actual schooling costs must be submitted before the end of each school year or whenever requested by the officer designated to authorize allowances, the Department of State, or other responsible authority- (See Section 274.1)b) 274 Grant of Education Allowan vc (See also Section 077.37b) 274.1 Amount .274.11 Normal Grant a. An employee normally may be granted for each school year, or fraction thereof, on behalf of a child in grades K-12, the rate indicated in Section 920 for his/her post, grade and educational facility selected (Section 271.c) or in the case of home Study and private instruction the rates indicated in Section 274_t2b: b. Howeer';'the officer-designated to authorize allowances is required to authorize smaller h t i amoun s w en t is determined that the employee's expenses-., for education justify such lesser amounts. Prior to the end of the grant' ' period. satisfactory documentation of actual allowable school costs incurred by. the employee, incTuding transportation " . b a. in addition to the amount authorized under Section 274.TT for 'school at post'. an amount up to $i,SOO each school year for supplementary instruction (Section 276-8); 'b. in lieu or the 'School at post' rate, a separate'allowance rate of up to SSSo each School I.- f h - - year or ome inst STAINDARDIZED REGCiATIGNS ..(Gover ? nt Civilians, Foreign Areas Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 .S e presented to the authorizing officer. If the grant- has_exceeded documented expenses by more than $10o?00. a revision of the grant must be made together with repayment by the employee of any overoavrwnt- Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 74.2 c. for education of a handicapped child in lieu of the -school at post' rate. a separate alto-once rate each school year up to $12,050 for -school at post" or 'home study" including tutoring, or up to S2S,3S0 for 'school away from post" (See Section 276.7); d. temporary continuance of the rate of the last previous post when the employee transfers and leaves his/her child in the same school (See Section 276.4); e. in addition to the amount authorized under Section 274.11 for -school at post', non-refundable amounts charged by schools. as one-time fees, not recurring in subsequent years of enrollment such as building fees, registration fees. matriculation fees, or admission fees, plus annual fees charged to just certain children in a family. This subsection may not be used to pay for shares of stock in the school which make either the employee or the United States Government a shareholder in the school. An annual Development Fee of $100 is charged by a school for each of the first two children in a family but not for,t.he remaining children. Section 274.12e provides authority to pay $100 to the employee for each of the two children in addition to grants of amounts of education allowance indicated in Section 920. 274.2 Termination 274.22 Norma) 7erieination A grant normally will terminate at the end or the school year`, 'or fraction thereof,,-upon which the grant is based, when no amendment of .the'grant.is repuired'under Section 274.23. 274.23 Other Termination Where a grant is not terminated normally under Section 274.ZZ, it will be terminated as of the following dates: . . b. the date the post is reclassified for education allowances in the child's grade and educational facility; c. the. date the educational facility (Section 271c) for the child is changed; d. the date the child is witbdrawn from school for the remainder of the If tlx: wthortzing officer determines that revision of the grant is necessary in connection with the above terminations,-the recomputed grant should prowf>e i'or= Fecovery'of pa:ymerit or"increased-payment when appTicable. An employee. who is forced to withdraw a child .froe a_"school at post' or school ~'. away`frviw post' as a result of trensfer'should'not be financially penalised by reaierr'"c1"unavoidabTe educational expense: : 1 Where proration is deterrwi'ned to be the appropriate-method oC reomputation, ltaximu.n school year allowance' rate plus amount authorized for supplementary instruction a $ Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 .we '446 2. PRORATE?_E U-NJ S Employee's school year expenses X Calendar days school - 270 Oaily attendance Rate The 270 figure used in the formulas represents the calendar days in a typical School Year. The lower of the two amounts would be the amount to be granted. 274.24 Additional rantc for One Srhnnl v - An additional grant may be authorized on behalf of a child for the remainder of a school year following termination of the preceding grant. The total amount granted for that school year, however. may not exceed the highest maximum education allowance rate Prescribed. for the post during that school year fn:the child's grade and educational facility_selected,__plus amounts. If any. for supplementary instruction auth i o Exceptions are permitted in the circumstances ddescribedtin Section 274.23a and I#- the employee elects temporary continuance of the rate-of hfs/her?iast prevtous..jost in circumstances described in Section. 27a ,Y. 276 $oecia_ 1 Ruly Education allowances may be paid in'adrance, either by lump sum or by instalments, only as necessary for the emaToyee to meet periodic educational expenses or when a monetary advantage, such as a discount, would accrue to the Government. toe - r. 276.2 ..h$ Ja in hC rr> d `atec An education allowance shall not.be_paid for a child in the United States (1) who is residing with his/her mother, father or legal guardian, (2) on whose behalf a separate maintenance allowance is being paid, (3) for-the 12-month period ii.ee.diatelr following his/her arrival in the U S and d r 276.3 Child Under S?oarrt. Ma{ Allowance in For .an Arty ce or education allowance purposes shall be considered to be a post (Sections 040h and 061). Any education allowance for such child, for the period involved in the separate Maintenance allowance, shall be within the applicable 'school at post' rate nr.< rrw_w c.... ____ c~~once ai Iowance has been granted for a child- residing in a .foreign area,. the child's place of residen f a ucational travel authority (Section ? e is - 280) nor for any period thereafter during. which educatSprn.conttnues in. the. 11t,it d States.. Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 ALLOWANCES ------yam: _-Z 'IS. 4 276.4 ECployee Transfers to a. New Foreign _nr Non-Freign Pust t~tlt th` hil RPm~ins in 5y e col already enrolTed-ln a 'school away From post` the grant sha1T be competed orr a Where the employee, assigned to a post in a foreign area, receives official notice of transfer to a new post in a non-foreign area while the child is attend?ing.school and remains in the same school while the employee transfers. the head-of agency may waive recovery of all or portions-of the education allowance advanced if satisfied that such recovery would be'igainst-equity and good conscience or against the public interest. Evidence weighing against recovery and meriting exercise of the waiver - - ineludes circumstances -here: 276.44 Transfers to a New Foreign Post An employee, assigned to a post in a foreign area. who. receives official notice of transfer to a new Foreign post while his/her child is attending school, has a choice of allowances upon transferring if the child remains in the same school. Following transfer to the new foreign post, the employee may elect to receive and be granted the rate of education allbwance of the last previous post instead of at the rate of the new post. If this election is made, the rate of the last previous post may continue only until the Child finishes the grade being attended. After the child finishes this grade. whether successfully passed or not, the rate of education allowance at the new post is payable for costs of any further education received 9_-i-j+r---it. (See -oia- Section 274.24). An employee shall furnish a copy of the last previous grant to facilitate computation. (1) .0,se'child's educational progress would be affected by the withdrawal of Ow child from the school before the end of the school year: or (2) the school would make no refund of tuition and other payments even if the child were to be withdrawn from the school before.the.end of the school year. ' Any waiver granted under this section shall be reported promptly to the Secretary of State, citing these regulations and describing the circumstances. 276.5 F@f:lovee Delayed Enrouteto Post of A4si9rm.nt - Where an employee who is on temporary duty at b foreign post enroute to a post of -T-3signment incurs educational expense on behalf of a child, any education allowance grant for such child may cover the period of temporary duty. The grant should not be made-until the.employee or a family ember arrives at the post of assignment. 276.6 Md Education Allowance at Last Post Where the emgfoyee applies for a "school away from post' education- allowance- at his/her firse'foreign post, or following transfer from a post in the United States or from a foreign?post_classified at'_10" education allowance rate for the child's grade column S.. Section 920. the grant shall not cover a period prior to the date of arrival of the-employee at the new post, or arrival of a family member family I? earlier; except as otherwise .prov ded in Section 276.5.- Accordingly, iF the child-is An employee having a handicapped child who deviates from the normal range in - physical. mental, psychological, emotional or social characteristics (excluding willful disciplinary problems) to such an extent that the child is unable to use ordinary school facilities or to study at any-stated grade. level (K-12) may be granted. an education allowance for such child by the authorizing officer. Except for preliminary diagnostic testing, the costs of medical. including psychiatric treatment for the child's condition are not to be included in such grants. This benefit is Mh 01% Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Except as -otherwise provided in Section 276, costs of items listed below may be granted by the authorizing officer to the extent that they are not refundable to the employee by the school. Reduced rates for tuition or related costs or transportation resulting from the attendance of more than one family member in the school shall be reflected in the - employee's application for each child. Where costs are in local currency. United states dollar estimates shall be based on the most favorable rate of exchange available to the employee on the date of application. The application shall show the exchange rate used. -277.?-l "School at Post" (Section 271d) a. Basic tuition for required courses; b. necessary elective courses offered by the school which would be required by li 1 b i a sco s pu n the United States; books and.supplies'required by the school; required tees - such as laboratory, library, registration, matricuTation, -- building or development, testing required by local school. medical (routs n ) e -- r include lrnches,_ uniforms (-dai.lYattire or h ` ,s - - D YsicaTeducation)-.f ie ld trips. , r f bl d -d i i un e a e epos ts, elect ve-courses for dancing, horseback riding. 'Sports or. - .'other speefatized instructions, personal laundry, locker and towel fees, admissions to school events, yearbooks, personal 'expenses, and other items not ordinarily provided free of charge by public schools in.the United States; local transportation on school days between the school and the employee's home. Where private car or carpoolis used, the cost of such transportation may be Computed as follows: (a) mileage necessary to take the child to and From school, 276.8 Suoolementarv Ind ion Where Supplementary instruction is required because the 'school at post` (1) does riot provide instruction in academic subjects generally offered by public Schools in the United States, such as United States history, civics. American literature. English grammar or Advanced Placement Courses, or (2) offers its curriculum in a foreign language which the child does not know well enough for progress in the curriculum or (3) requires additional instruction to enable the child to enter a grade or remain in the same grade in the school, the "school at post" grant may, in individual cases deemed necessary by the officer designated to authorize allowances, be increased for the reasons specified in (1); (2) or (3) above. provided such instruction is given by other than the employee or a family member. 276.9 Child Under Age or Over A (Section 2711) A grant should be computed on a prorated basis (See-Section 274.22 for method) when the employee applies for reimbursement of expenses: a. beginning with the date the child becomes 4 years of age while receiving elementary education; or b. for a child.who will become 21 ?--?-..--.. ._... .. ... .. .. years of age while receiving secondary education, - - - '.. 276.10 Kindergarten Kindergarten is considered a one school-year program similar-to the US_- public school program,-immediately preceeding grade I which does not' include' the nursery; school lever. Any authorization for reimbursement of kindergarten expenses beyond-an initial one schooT"year grant must be fully' justified by the authorizing officer on the grant document: 277 Allowable Expenses STANOAROIZEO REGULATIONS (Government Civilians, Foreign Areas Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 277.2 'School Away from Pos ' (Section 271e) a. Items listed in Section 277.1a through d.; b. room and board; limited to $300 per month for up to reside in school dormitory-but instead used private 10 months when child does not boarding facilities; C. periodic transportation of the child between the post and the school, not to exceed trips indicated by schools vacation closing calendar or necessary weekend trips if boarding is on?a 5 day basis. - 277.3 Home Study Course (Section 27)f) a. Correspondence course, including required tuition charges, books. materials, shipping costs and lesson postage; b. advisory teaching service. 277.4 Private Instruction AS the education -allowance is-based legally on public school benefits in the united States, costs of private instruction as a sole method of education can be recognized only as,follows: where the employee utilizes. private. instruction for a child instead of sendin; that child to a school, the cost of such instruction may be allowed in lieu of'expenses:-For any other method of education up to the applicable maximum rate for home 5tuoy course. .9-4-83 STANDAROIZED REGULATIONS Government Civilians, Foreign Areas) Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8 Iq Next 6 Page(s) In Document Denied Approved For Release 2008/08/28: CIA-RDP86B00338R000400530004-8