The Secretary of Defense shall establish and operate a program (hereinafter in this chapter referred to as the “defense dependents’ education system”) to provide a free public education through secondary school for dependents in overseas areas.

In establishing the defense dependents’ education system under subsection (a), the Secretary shall provide programs designed to meet the special needs of—

(1) The Secretary shall ensure that individuals eligible to receive a free public education under subsection (a) receive an education of high quality.

In establishing the defense dependents’ education system under subsection (a), the Secretary shall provide programs designed to meet the special needs of—

(A) the handicapped,

(B) individuals in need of compensatory education,

(C) individuals with an interest in vocational education,

(D) gifted and talented individuals, and

(E) individuals of limited English-speaking ability.

(3) The Secretary shall provide a developmental preschool program to individuals eligible to receive a free public education under subsection (a) who are of preschool age if a preschool program is not otherwise available for such individuals and if funds for such a program are available.

The Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents’ education system.

The Secretary of Defense may provide optional summer school programs in the defense dependents’ education system.

(1) The Secretary of Defense may provide optional summer school programs in the defense dependents’ education system.

(2) The Secretary shall provide any summer school program under this subsection on the same financial basis as programs offered during the regular school year, except that the Secretary may charge reasonable fees for all or portions of such summer school programs to the extent that the Secretary determines appropriate.

(3) The amounts received by the Secretary in payment of the fees shall be available to the Department of Defense for defraying the costs of conducting summer school programs under this subsection.

(Pub. L. 95–561, title XIV, § 1402, Nov. 1, 1978, 92 Stat. 2365; Pub. L. 99–145, title XII, § 1204(b)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L. 102–484, div. A, title III, § 382, Oct. 23, 1992, 106 Stat. 2392; Pub. L. 106–65, div. A, title III, § 354(1), Oct. 5, 1999, 113 Stat. 572; Pub. L. 107–314, div. A, title III, § 343, Dec. 2, 2002, 116 Stat. 2515.)