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What Parents, Schools and Administrators Should Know
What is the Interstate Compact on Educational Opportunity for Military Children?
The Compact deals with the challenges of military children and their frequent relocations. It allows for uniform treatment as military children transfer between school districts and states. Each participating state must adopt the Compact through legislation. Each Compact state will appoint representation to an on-going governing Commission which will enact necessary rules. The Compact calls for the development of State Councils in each member state. Each State Council may be tasked with development of policy concerning operations and procedures of the compact within the state.
Students are covered under the Compact
A student enrolled in K-12 in the household of a full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement.
Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.
Students are not covered under the Compact
The Compact does not apply to children of:
- Inactive members of the national guard and military reserves
- Members of the uniformed services now retired not covered in the above Veterans of the uniformed services not covered in the above
- Other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
Data the school should expect the military child/family to be able to provide upon transfer
- Official military orders showing that the military member was assigned to the state (or commuting area) of the state in which the child was previously duly enrolled and attended school.
- If a military child was residing with a legal guardian and not the military member during the previous enrollment they will have a copy of the family care plan, or proof of guardianship, as specified in the Interstate Compact, or any information sufficient for the receiving district to establish eligibility under the compact.
- An official letter or transcript from the proper school authority which shows record of attendance, academic information, and grade placement of the student.
- Documented evidence of immunization against communicable disease. Evidence of date of birth.
Responsibilities of the Sending / Receiving School
"Receiving state": the state to which a child of a military family is sent, brought, or caused to be sent or brought.
"Sending state": the state from which a child of a military family is sent, brought, or caused to be sent or brought.
Educational and Enrollment Records
Unofficial or "hand-carried" education records
- Custodian of Records sends unofficial records to parents.
- School shall enroll and appropriately place student pending validation of official records.
Official Education Records/Transcripts
- Receiving state shall request student's official education records from sending state.
- Sending state's school will furnish official education records within ten (10) days or reasonably determined time promulgated by the Interstate Commission.
- Student is given thirty (30) calendar days from the date of enrollment. Series Immunization.
- For a series of immunizations, initial vaccinations must be obtained within thirty (30) calendar days.
Kindergarten and First Grade Entry Age
- Receiving state shall allow student to continue their enrollment at grade level from sending state and promote student that satisfactorily completed prerequisite grade level in sending state, regardless of age.
- Student transferring after school year starts shall enter school on their validated level from accredited sending school state
- Specific required courses shall be waived if similar course work has been satisfactorily completed.
- If waiver is denied, LEA shall provide an alternative means of acquiring required coursework so child may graduate on time.
States shall accept:
- Exit or End-of-Course exams.
- National Norm-Referenced Achievement Test. Alternative Testing.
- If the above alternatives cannot be accommodated then the provisions of Article VII, Section C shall apply.
Transferring beginning or during senior year:
- If student is ineligible to graduate after all alternatives have been considered, the sending and receiving LEAs shall ensure the receipt of a diploma if student meets graduation requirements of sending LEA..
- If one of the states in question is not a member of the Compact, the member state shall use best efforts to facilitate the on-time graduation in accordance with the Waiver Requirements and Exit Exams.
Placement and Attendance
- Receiving school shall honor placement based on student's previous enrollment and/or educational assessments.
- Receiving school not barred from performing subsequent evaluations to ensure appropriate placement and continued enrollment.
Educational Program Placement
- Shall honor placement based on current educational assessments.
- Receiving school not barred from performing subsequent evaluations to ensure appropriate placement.
Special Education Services
- Comply with IDEA.
- Shall provide comparable services based on his/her current IEP.
- Comply with Section 504 and Title II of the Americans with Disabilities Act.
- Shall make reasonable accommodations and modifications of incoming students with disabilities. Receiving school not barred from performing subsequent evaluations to ensure appropriate placement.
- LEA officials shall have flexibility in waiving course/program prerequisites.
Absence as Related to Deployment Activities
- Shall be granted additional excused absences at the discretion of LEA superintendent.
Eligibility for Enrollment
- Special power of attorney or relative to the guardianship of child can enroll a child.
- LEA shall not charge local tuition when transitioning military child resides in a jurisdiction other than that of the custodial parent. Transitioning military child may continue to attend school in which he/she was enrolled.
- Transitioning military children shall have the opportunity to participate in extracurricular activities, if qualified, regardless of application deadlines.
How can schools get support to help in this process?
- Member states each have a State Council designed to serve as an advisory body of state policy makers concerning operations and procedures of the compact. Individual states' language may differ but all operate with in the rules of the Interstate Compact.
For additional resources and assistance, please visit the Military Interstate Children's Compact Commission website.
Military Interstate Children's Compact Commission: 2760 Research Park Drive, P.O. Box 11910, Lexington, KY 40578-1910