Restrictions on certain actions relating to DODEA schools and military child development centers

(a) Limitation on closure of DODEA schools Chapter 108 of title 10, United States Code, as amended by section 584 is further amended by inserting after section 2164c the following new section: 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).. (c) Prohibition on termination of certain employees None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to terminate a teacher employed in a school operated by the Department of Defense Education Activity or a child care employee (as defined in section 1800 of title 10, United States Code), regardless of whether such positions are funded by appropriated or nonappropriated funds, unless— (1) the teacher or child care employee was documented as not performing or engaging in misconduct; (2) in the case of a teacher employed in a school operated by the Department of Defense Education Activity, there was a reduction in enrollment of 20 percent or more at the school at which the teacher works; or (3) in the case of a child care employee, there was a change in staffing requirements based on enrollment.