Military Compact: What Parents, Schools, and Administrators Should Know

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Overview

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 who are covered under the Compact:

• A student enrolled in K-12 in the household of a full-time duty member 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 who 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 who are not covered in the above Veterans of the uniformed services. 
• 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 that the military child/family should be able to provide to the school 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 and evidence of date of birth.

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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.

Immunization

• Student is given thirty (30) calendar days from the date of enrollment. 
• 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 students to continue their enrollment at grade level from sending state and promote students that satisfactorily completed prerequisite grade levels in sending state, regardless of age.
• Students transferring after the school year starts shall enter school on their validated level from accredited sending school state.

Graduation

Waiver Requirements

• Specific required courses shall be waived if similar coursework has been satisfactorily completed.
• If waiver is denied, Local Education Provider (LEP) shall provide an alternative means of acquiring required coursework so student may graduate on time.

Exit Exams

States shall accept:

• Exit or End-of-Course exams
• National Norm-Referenced Achievement Tests
• Alternative Testing
• If the above alternatives cannot be accommodated, then the provisions of Article VII, Section C shall apply.

Transferring at beginning or during senior year:

• If student is ineligible to graduate after all alternatives have been considered, the sending and receiving LEPs shall ensure the receipt of a diploma if student meets graduation requirements of sending LEP.
• 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

Course Placement

• Receiving school shall honor placement based on student's previous enrollment and/or educational assessments.
• Receiving school is not barred from performing subsequent evaluations to ensure appropriate placement and continued enrollment.

Educational Program Placement

• Receiving school shall honor placement based on current educational assessments.
• Receiving school is not barred from performing subsequent evaluations to ensure appropriate placement.

Special Education Services

• Receiving school shall comply with IDEA.
• Receiving school shall provide comparable services based on student's current IEP.
• Receiving school shall comply with Section 504 and Title II of the Americans with Disabilities Act.
• Receiving school shall make reasonable accommodations and modifications for incoming students with disabilities. Receiving school is not barred from performing subsequent evaluations to ensure appropriate placement.

Placement Flexibility

• LEP officials shall have flexibility in waiving course/program prerequisites.

Absence as Related to Deployment Activities

• Students shall be granted additional excused absences at the discretion of LEP superintendent.

Eligibility for Enrollment

• Special power of attorney or relative to the guardianship of child can enroll a child.
• LEP 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 policymakers concerning operations and procedures of the Compact. Individual states' language may differ but all operate within the rules of the Interstate Compact. Visit the Compact's Colorado page for Council and School Liaison contacts.

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Additional Information

For additional resources and assistance, please visit the Military Interstate Children's Compact Commission website and the Compact's Colorado page.

Military Interstate Children's Compact Commission: 2760 Research Park Drive, P.O. Box 11910, Lexington, KY 40578-1910