700 West Park Drive

PEACHTREE CITY, GEORGIA 30269-1498

ELIGIBILITY FACT SHEET

31 January 2003

I. AUTHORITY

· 10 U.S.C. 2164 (1994), as amended

· DoD Instruction 1342.26, dated March 4, 1997, as amended

II. CONUS STUDENT ELIGIBILITY

· Sponsor must:

Be an active duty military member or Federal civilian employee residing in
permanent government quarters on the military installation

- or -

Sponsor must have a letter from Base Housing Office stating that government
quarters will be available within 90 school days

· Notes on CONUS eligibility:

Military member or Federal civilian employee must provide proof of status, i.e.,
military orders and receipt of quarters from Base Housing Office

“Permanent government quarters” does not include TLF (temporary lodging facility), VOQ, etc.

DDESS professional employees in CONUS are not eligible unless assigned
permanent government quarters

III. STUDENT ELIGIBILITY IN U.S. TERRITORIES, POSSESSIONS AND COMMONWEALTHS

· Eligible dependents:

Dependents of military members on active duty or Federal civilian employee residing
in permanent government quarters on a military installation in the territory,
possession, or commonwealth

Dependents of military members on active duty, stationed or homeported in a territory, possession, or commonwealth, but not residing in permanent government quarters on
a military installation

Dependents of military members on active duty who have been assigned to a remote location or unaccompanied tour of duty and their dependents have been authorized
by orders to reside in the territory, possession or commonwealth -- also includes
military members assigned by orders to “unusually arduous sea duty”

Dependents of full-time Federal civilian employees (not residing in government quarters
on a military installation) but residing in a territory, possession and commonwealth who
occupy transferable positions as designated by their respective agency --“transferable
position” means the employee is subject by policy and practice to transfer or
reassignment to locations where English is the language of instruction in the schools
normally attended by dependent children of Federal personnel

Dependents of full-time DDESS professional employees, i.e., teachers, administrators, counselors, therapists, psychologists, social workers, educational technologists, media
specialists, school nurses, etc., residing in a territory, possession or commonwealth

Dependents of American Red Cross employees residing in the territory, possession,
or commonwealth, who are performing full-time services for the U.S. Armed Forces

· Notes on eligibility in Puerto Rico and Guam:

“Five Year Rule:” Dependents of non-DoD Federal civilian employees (not residing
on a military installation) may be enrolled in DDESS arrangements only for 5
consecutive years. Enrollment beyond 5 consecutive years may be approved on an annual
basis if:

1. Dependent is otherwise qualified for enrollment;

2. Space is available; and

3. DoD is reimbursed for the cost of educational services by employee’s
agency

Five Year Rule does not apply to employees of U.S. Customs Service

Dependents must reside with sponsor

“Military member” includes members of the National Guard or Reserves who are on continuous active duty orders for 1 year or more (Title 10 or Title 32)

§ Orders must reflect 1 year or more

§ Cannot use two 6-month orders to reach 1 year threshold

IV. ELIGIBILITY GUIDELINES APPLICABLE AT ALL DDESS ARRANGEMENTS

· DDESS student eligibility rules are mainly statutory and not subject to waiver or
requests for “exception to policy” by the DoDEA/DDESS Director or District
Superintendent

· Commencing with SY 2003-2004, and all years thereafter, Federal agencies must
reimburse DoD tuition for all non-DoD employee dependents

· Tuition rates are published by DoDEA Comptroller each spring for the following school
year

· Once a dependent has been legally enrolled in a DDESS arrangement, the child may complete the current school year notwithstanding a change in the sponsor’s status which would otherwise terminate eligibility

However, DDESS Director has authority to disenroll any child for good cause

Refer all recommended cases for disenrollment with rationale to DDESS Area
Service Center

· 10 U.S.C. 2164(h) authorizes DDESS Director to approve “good cause” continuation
of enrollment on a year-by-year basis notwithstanding a change in the status of the sponsor
that would otherwise terminate eligibility

Request must be in writing from sponsor to DDESS Director

“Good cause” is narrowly defined as “in the national interest”

§ “Rising” seniors in high school

§ Death in line of duty or disability retirement of sponsor

If good cause continuation of enrollment is granted to a dependent whose sponsor’s agency would be required to reimburse tuition, DDESS will not bill the agency

· Issue: Is the child for whom enrollment is sought the “dependent” of the military
member or Federal civilian employee sponsor?

If the sponsor is not the biological father or mother, there must be other indicia to establish dependency

§ Legal adoption

§ Court order establishing custody or guardianship

§ An in loco parentis relationship, i.e., child residing in sponsor’s residence
and sponsor is providing at least 50% of child’s support

Eligibility established on an in loco parentis relationship may only be approved by DDESS Director and must include sworn affidavit by sponsor stating:

§ Sponsor’s status

§ Relationship with child

§ Child is residing with sponsor

§ Sponsor is providing at least 50% of child’s support

· Foster children

All requests for enrollment of foster children must be submitted to DDESS Director
for approval

Each request must be accompanied by a sworn affidavit by sponsor stating:

§ Sponsor’s status

§ Summary of placement agreement between state/county and sponsor

§ Sponsor is providing at least 50% of child’s support

· Deployment of single military member (residing in government quarters) with child
enrolled in DDESS arrangement

Military member brings family member to reside in quarters to care for sponsor’s
child

Dependents of family member are not eligible for DDESS enrollment

V. DDESS AREA SERVICE CENTER POINT OF CONTACT FOR ELIGIBILITY

QUESTIONS

· Mrs. Stephanie Rogers at (678) 364-8002

· If case involves legal issues or interpretation, Mrs. Rogers will contact DoDEA
Office of General Counsel in Pensacola, Florida