[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Proposed Rules]
[Pages 11698-11706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04970]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 89

[Docket ID: DOD-2014-OS-0020]
RIN 0790-AJ33


Interstate Compact on Educational Opportunity for Military 
Children

AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD.

ACTION: Proposed rule.

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SUMMARY: DOD is establishing policies based on section 539 of Public 
Law 111-84 to implement the Interstate Compact on Educational 
Opportunity for Military Children (referred to as the ``Compact'') 
within the DoD. The proposed rule provides components with policies to 
support the intent of the Compact, which is to aid the transition of 
school-age children in military families between school districts (to 
include between Department of Defense Educational Activity schools and 
state school districts). Each state joining the compact agrees to 
address specific school transition issues in a consistent way and 
minimize school disruptions for military children transferring from one 
state school system to another. The compact consists of general 
policies in four key areas: Eligibility, enrollment, placement and 
graduation. Children of active duty members of the uniformed services, 
National Guard and Reserve on active duty orders, and members or 
veterans who are medically discharged or retired for one year are 
eligible for assistance under the Compact.

DATES: Comments must be received by May 6, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) number and title, by any of the 
following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Marcus Beauregard, 571-372-5357.

SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose of This Rulemaking

    This proposed rule provides components of the DoD with policies to 
support the intent of the Compact, which is to aid the transition of 
school-age children in military families between school districts. The 
intent of the program is to ensure children are enrolled immediately in 
their new school, placed in the appropriate academic program, and are 
able to graduate on time.
    Each state joining the compact agrees to address specific school 
transition issues in a consistent way and minimize school disruptions 
for military children transferring from one state school system to 
another. The compact consists of general policies in four key areas: 
Eligibility, enrollment, placement and graduation.
    As of August 2014, 50 states have passed legislation to become 
members of the compact, including most of those with large numbers of 
military residents. The Department of Defense Education Activity cannot 
be a member of the compact but is complying with its provisions in both 
overseas and domestic schools. In return, the compact member states 
have agreed to treat students coming from a DoDEA school as though they 
were transferring from a member state. The compact has provisions for 
member states to facilitate enrollment in the following areas:

Enrollment

     Education records. When a family leaves a school district 
in a member state, the parents may receive a set of unofficial records 
to carry to the new school in another member state. It will include all 
the information the new school needs to enroll and place the child 
until they receive the official records. In addition, the compact 
requires all sending school districts within member states to send 
official transcripts within 10 days of a request from the receiving 
state school district.
     Immunizations. If a child transferring to a member state 
needs additional immunizations, he or she may enroll and begin school. 
Parents then have 30 days to see that the child gets the required 
immunizations. If further immunizations are required, they must be 
started within 30 calendar days of enrollment. Tuberculosis testing is 
not covered under the compact since the TB test is not an immunization 
but rather a health screening.
     Kindergarten and first grade entrance age. If the entrance 
age requirement in the new school system is different, transitioning 
children may continue in the same grade if they have already started 
kindergarten or first grade where the family was previously stationed. 
This provision also allows children to move up to first or second 
grade, regardless of age requirements, if they have completed 
kindergarten or first grade in another state.

Placement and Attendance

    Students from military families often miss appropriate placement in 
required classes, advanced placement and special-needs programs while 
awaiting evaluation at the new school. The compact requires cooperation 
in the following areas:
     Course and education program placement. A receiving school 
district in a member state must initially honor placement of a student 
based on his or her enrollment in the sending state, provided the new 
school has a similar or equivalent program. The receiving school may 
evaluate the student after

[[Page 11699]]

placement to ensure it is appropriate, but the school may not put 
children into ``holding classes'' while they await assessment. The 
receiving school may allow the student to attend similar education 
courses in other schools within the district if the receiving school 
does not offer such courses.
     Special education services. Students covered by the 
Individuals with Disabilities Education Act receive the same services 
(although not necessarily identical programs) identified in the 
individual education plan from the sending state. This is a parallel 
requirement under federal law.
     Placement flexibility. School districts are encouraged to 
determine if course or program prerequisites can be waived for students 
who have completed similar coursework in the sending school district. 
This process allows students to take advanced courses rather than 
repeat similar basic courses.
     Absence related to deployment activities. Students in 
member states may request additional, excused absences to visit with 
their parent or legal guardian immediately before, during and after 
deployment. Schools have flexibility in approving absences if there are 
competing circumstances such as state testing or if the student already 
has excessive absences.

Eligibility

    The compact asks school districts in member states to examine their 
rules for eligibility to allow children of military parents to have the 
continuity they need.
     Enrollment. When a child of a deployed parent is staying 
with a non-custodial parent, a relative or a friend who is officially 
acting in place of the parents and lives outside of the home school 
district, the child may continue to attend his or her own school as 
long as the care provider ensures transportation to school. The compact 
also stipulates that a power of attorney for guardianship is sufficient 
for enrollment and all other actions requiring parental participation 
or consent.
     Extracurricular participation. When children transfer to a 
new school, their participation in extracurricular activities is 
facilitated--provided they're eligible--even if application deadlines 
and tryouts have passed. Schools must make reasonable accommodations 
but are not required to hold spaces open for military-related 
transferees.

Graduation

    School transitions can be especially challenging for high school 
students. The compact requires school districts to make the following 
accommodations to facilitate on-time graduation:
     Course waivers. School districts in member states may 
waive courses required for graduation if similar coursework has been 
completed in another school. Such waivers are not mandatory under the 
compact, but a school district must show reasonable justification to 
deny a waiver.
     Exit exams. Under the compact, a school district may 
accept the sending state's exit exams, achievement tests or other tests 
required for graduation instead of requiring the student to meet the 
testing requirements of the receiving state. States have flexibility to 
determine what tests they will accept or require the student to take.
     Transfers during senior year. If a student moves during 
the senior year and the receiving state is unable to make the necessary 
accommodations for required courses and exit exams, the two school 
districts must work together to obtain a diploma from the sending 
school so the student can graduate on time.
    The compact does not address the quality of education or require a 
state to change any of its standards or education criteria. The 
Military Interstate Children's Compact Commission (MIC3) has created a 
variety of downloadable brochures, webinars and other resources to help 
parents and educators learn more about the Compact--See more at: http://www.mic3.net.
    If a family has a concern about a provision of the compact as it 
relates to a child, it's best to contact the school first. Each 
installation has a school liaison to help work with schools to get 
questions answered or to provide information on next steps to take if 
concerns cannot be successfully resolved.

II. Narrative Description of Legal Authorities for This Rule

    The legal authorities for this rule clarify the definition of 
children in military families covered by this rule, cover the 
protections afforded these children, and provide the authority for 
establishing the policies included in this rule for the DoD Education 
Activity:
    (1) 10 U.S. Code 2164--Department of Defense Domestic Dependent 
Elementary and Secondary Schools. This citation states the Secretary of 
Defense may issue directives that the Secretary considers necessary for 
the effective operation of the school or the entire school system, 
outside of the authority given to the School Boards selected to oversee 
these schools.
    (2) 20 U.S. Code--Education, Chapter 25A--Overseas Defense 
Dependents' Education Sec.  921--Defense Dependents' Education System, 
and Sec.  932--Definitions. This citation provides the scope of the 
authority of the Secretary of Defense to define programs and activities 
to provide a free public education through secondary school for 
dependents in overseas areas.

III. Summary of the Major Focus Points of [hairsp]This Rulemaking

    The major provisions of this regulatory action include designating 
DoD liaisons to State Councils of member states of the Compact, 
designating the DoD ex-officio member to the Compact Commission, 
implementing the relevant school transition policies established in the 
Compact within the DoDEA school system, and establishing a committee 
within DoDEA to advise on compliance by DoDEA school.
    (1) As required by the Compact, states establish Councils to 
oversee the implementation of the Compact within the state. The Compact 
prescribes membership of the State Council, which may include a 
representative from the military community within the state. Since this 
individual represents the interests of the military community to the 
State Council, the military representative can only fulfill a liaison 
role on the Council and must be designated by DoD. This rule defines 
the role for the military representative (Sec.  89.7(a)), along with 
the process (Sec.  89.7(b)) for coordinating the requests from State 
Commissioners and designating these military representatives.
    (2) The Compact allows DoD to send an ex-officio representative to 
the Commission meetings, and also requires the DoD ex-officio 
representative to participate on the Executive Committee of the 
Commission. This rule provides guidelines for the DoD ex-officio 
representative (Sec.  89.7(d)).
    (3) This rule establishes policies for DoDEA governing the 
transition of school age children in military families (Sec.  89.8 of 
this rule), which are equivalent to the following policies included in 
the Compact: Article IV--records and enrollment, Article V--placement 
and attendance, Article VI--eligibility for enrollment, and Article 
VII--graduation.
    (4) This rule establishes a committee to advise DoDEA on compliance 
with provisions in Sec.  89.8. The DoDEA Committee also provides input 
to the

[[Page 11700]]

ex-officio member of the Commission on issues arising from DoDEA school 
interactions with member States of the Compact, and acts as a 
counterpart to State Councils of member States. Policies for assigning 
a representative from the Military Departments to this committee are 
included in Sec.  89.7(c).

IV. Cost and Benefit Analysis

    There are no provisions in this proposed rule which are expected to 
increase costs for members of the public. Requirements included in this 
rule may require action to be taken by state education departments and 
local education agencies as a result of requirements of the state laws.
    The cost to the Department are summarized below:
     (Military representative attending State Council meetings. 
State Council meetings are generally held at a central location for the 
state, and are expected to be held at least once per year. The military 
representative would be required, while on duty and at government 
expense, to travel to and attend the meeting. A meeting would be 
expected to demand an average of 1.5 days (travel and meeting time), 
which would cost an approximate average of $564 \1\ in opportunity 
labor cost. Additionally, intrastate travel and per diem is expected to 
cost an approximate average of $334.\2\ States vary with regards to the 
number of military representatives they have requested to attend; 
however, the estimated number of military representatives is 77.\3\ 
Applying the approximate average costs per year provides $43,430 in 
opportunity labor costs and $25,720 in travel and per diem.
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    \1\ Cost estimated on the salary of a GS-14 step 5 without 
locality pay or percentage for benefits (average of $47 per hour) 
times approximately 12 hours.
    \2\ Cost of travel calculated at an average round trip requiring 
300 miles times the 2015 mileage rate of $0.575 per mile (equals 
approximately $172), plus per diem costs of $129 per day (national 
estimate), plus proportional meals and incidentals for the second 
day of $33 ($162).
    \3\ Estimated number of total military representatives for the 
50 member states and the District of Columbia, based on the average 
of number currently designated in states with military 
representatives (41 reps in 27 states).
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     Identifying, nominating and designating a military 
representative. DOD estimates approximately 76 hours \4\ of 
administrative time to coordinate nominations per year, plus 
approximately 76 hours \5\ to process, review, coordinate, sign and 
distribute the designation letters. The opportunity labor cost of 
coordination would be approximately $4,560 \6\ and completing the 
designation letter, with accompanying documents, would be $4,400 \7\ 
per year.
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    \4\ Estimate 3 hours of staff time to receive the request; relay 
the requirement to the designated Military Department and obtain 
approval; and provide the name to the Office of Secretary of 
Defense. Anticipate having to replace half of the military 
representatives each year (38).
    \5\ Estimate 2 hours of staff time to prepare the letter of 
designation and accompanying documents and obtain a signature from 
the Deputy Assistant Secretary of Defense for Military Community and 
Family Policy. Anticipate processing 38 letters of designation per 
year.
    \6\ Cost estimated on the salary of a GS-13 step 5, without 
locality pay or percentage for benefits (average of $40 per hour).
    \7\ Cost estimated on the salary of a GS-14 step 5 with locality 
pay for Washington DC, but no percentage for benefits (average of 
$58 per hour).
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     Ex-officio representation to the Military Interstate Child 
Compact Commission (MIC3). This individual participates in the annual 
conference, executive committee meeting and other standing committee 
meetings and would cost DOD approximately $8,460 per year.\8\
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    \8\ Cost estimated on three trips per year, each involving 3 
days, at a location outside of Washington DC. The labor cost is 
estimated on the salary of a GS-15 step 5 with locality pay for 
Washington DC (no benefits included) time 72 hours ($4,900), plus 
$3,560 for travel and per diem.
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    Additionally, this proposed rule will direct DoDEA to transition 
children under specific policies. These are the same policies that are 
included in the Compact, Articles IV-VII, which have been shown to be 
cost-neutral (and perhaps a cost-benefit) when implemented by local 
education agencies within the states that are members of the 
Compact.\9\ Essentially, schools are responsible for transitioning 
children, and the proposed rules, based upon the transition policies 
included in the Compact, provide a consistent approach that schools 
apply in member states to the Compact. Hence, there is less variability 
and uncertainty in the process. Applying these policies within DoDEA is 
expected to produce similar results, since these policies would apply 
to all children within the DoDEA school system (therefore applying a 
consistent policy regardless of the child), and many of these proposed 
policies represent the existing procedures used in DoDEA schools to 
transition students. The DoD committee to oversee the implementation of 
this rule within DoDEA is expected to cost approximately $3,250 per 
year \10\ to administer and conduct meetings.
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    \9\ Analysis accomplished by states as part of their legislative 
process showed that the provisions of the Compact supporting the 
transition of military children were fiscally neutral. Transition 
occurs regardless of having an organized process, and the provisions 
of the Compact were considered as providing consistent expectations 
and administrative procedures capable of reducing the cost of 
administering transition for military children.
    \10\ Estimated on two meetings (each two hours in length) per 
year, attended by 12 people with an average salary of a GS-14 step 
5, with Washington DC locality pay (not including benefits); plus 8 
hours of preparation time for the two meetings by a GS-14 step 5, 
with Washington DC locality pay.
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    The benefits derived from DoD's participation in the Compact accrue 
to Service members and their families, particularly the 707,000 school-
age children educated by local education agencies and DoDEA.\11\ These 
benefits have not necessarily been quantified, but can be described in 
qualitative terms. Military moves are stressful for the entire family, 
and transitioning to a new school creates stresses because of 
uncertainty. Military children are confronted with unknown academic and 
social challenges, and their parents must overcome new administrative 
requirements to enroll them. The provisions included in the Compact 
provide relief for some of the administrative requirements faced by 
parents and the academic issues regularly experienced by military 
children who generally attend six-to-nine different schools between 
kindergarten and 12th grade.\12\ The goal of the Compact is to replace 
the widely varying treatment of transitioning military students with a 
comprehensive approach that provides a uniform policy in every school 
district in every state that chooses to join. Through more uniform 
transition policies, military children have an opportunity to 
assimilate into their classes, extra-curricular activities and new 
social circles more quickly. Additionally the Compact recognizes the 
difficulties military children may have with being separated from a 
parent due to a military deployment, allowing for liberal absences for 
children to be with the deploying/returning parents.
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    \11\ 2013 Demographic Profile of the Military Community, DMDC 
Active Duty Military Family File (September 2013), page 132.
    \12\ Council of State Governments, ``Interstate Compact on 
Educational Opportunity for Military Children Legislative Resource 
Kit,'' January 2008, page 1.
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    The Compact Articles IV-VII were developed as a result of input 
from 17 representative national and state stakeholders who were asked 
to participate in a working group sponsored by the Council of State 
Governments, National Center for Interstate Compacts.\13\ The majority 
of

[[Page 11701]]

their recommendations came from work that had previously been presented 
in studies, such as the Military Child Education Coalition's Secondary 
Education Transition Study, conducted for the U.S. Army in 2001, and 
the subsequent Memoranda of Agreement signed by nine school districts 
which addressed ``the timely transfer of records, systems to ease 
student transition during the first 2 weeks of enrollment, practices 
that foster access to extracurricular programs, procedures to lessen 
the adverse impact of moves of juniors and seniors, [and] variations in 
school calendars and schedules,'' among other recommendations.\14\
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    \13\ Contributing individuals and groups included: National 
Association of Elementary School Principals; National Military 
Family Association; Military Child Education Coalition; U.S. 
Department of Education; National School Boards Association; 
National PTA; Office of Lt Governor Beverly Purdue, NC; Alabama 
State Senator; National School Superintendents Association (Local 
School Superintendent); National Education Association; Military 
Impacted Schools Association; Maryland Department of Education; Ofc 
of the Under Secretary of Defense; California Department of 
Education; Nevada State Senator; and the Florida Department of 
Education; Education Commission of the States.
    \14\ Kathleen F. Berg, ``Easing Transitions of Military 
Dependents into Hawaii Public Schools: An Invitational Education 
Link,'' Journal of Invitational Theory and Practice Volume 14, 2008, 
page 44.
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Regulatory Analysis

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This rule has been determined to be a significant regulatory action, 
although not economically significant, under section 3(f) of Executive 
Order 12866. Accordingly, the rule has been reviewed by the Office of 
Management and Budget (OMB).

Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This rule will not 
mandate any requirements for State, local, or tribal governments, nor 
will it affect private sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Department of Defense certifies that this rule is not subject 
to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, 
if promulgated, have a significant economic impact on a substantial 
number of small entities. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This rule does not impose reporting and record keeping requirements 
under the Paperwork Reduction Act of 1995.

Executive Order 13132, ``Federalism''

    This rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). It has 
been determined that it does not have sufficient Federalism 
implications to warrant the preparation of a Federalism summary impact 
statement. This rule has no substantial effect on the States, or on the 
current Federal-State relationship, or on the current distribution of 
power and responsibilities among the various local officials. Nothing 
in this rule preempts any State law or regulation. Therefore, DoD did 
not consult with State and local officials because it was not 
necessary.

List of Subjects in 32 CFR Part 89

    Children, Education, Interstate compact.

    Accordingly 32 CFR part 89 is proposed to be added to read as 
follows:

PART 89--INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY 
CHILDREN

Sec.
89.1 Purpose.
89.2 Applicability.
89.3 Definitions.
89.4 Policy.
89.5 Responsibilities.
89.6 Procedures.
89.7 Representatives to State Councils, the DoDEA Committee and 
MIC3.
89.8 Compact provisions.

    Authority: 10 U.S.C. 2164, 20 U.S.C. 921-932.


Sec.  89.1  Purpose.

    In accordance with section 539 of Public Law 111-84, this part 
establishes policy, assigns responsibilities, and provides procedures 
to implement the Interstate Compact on Educational Opportunity for 
Military Children (referred to in this part as the ``Compact'') within 
the DoD.


Sec.  89.2  Applicability.

    This part applies to the Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities within 
the DoD.


Sec.  89.3  Definitions.

    These terms and their definitions are for the purposes of this 
part.
    504 plan. A plan required pursuant to 29 U.S.C. 794 specifying the 
modifications and accommodations for a child with a disability to meet 
the individual educational needs of that child as adequately as the 
needs of children without disabilities are met. The plans can include 
accommodations such as wheelchair ramps, blood sugar monitoring, an 
extra set of textbooks, a peanut-free lunch environment, home 
instruction, or a tape recorder or keyboard for taking notes.
    Children of military families. School-aged children who are 
enrolled in kindergarten through twelfth grade and are in the 
households of Service members who:
    (1) Are on active duty, including members of the National Guard and 
Reserve on active duty orders pursuant to 10 U.S.C. 1211;
    (2) Are active duty or veterans who are severely wounded, ill, or 
injured; or
    (3) Die on active duty or as a result of injuries sustained on 
active duty.
    (4) Children of military members who are severely wounded, ill, or 
injured retain this designation for 1 year after discharge or 
retirement. Children of military members who die on active duty or as a 
result of injuries sustained on active duty, retain this designation 
for 1 year after death.
    Deployment. The period 1 month prior to the military members' 
departure from their home station on military orders through 6 months 
after return to their home station.
    Department of Defense Education Activity (DoDEA) Committee. A DoD 
committee established pursuant to this part by Director of DoDEA to 
advise DoDEA on compliance with provisions in Sec.  89.8 by DoDEA 
schools. The DoDEA Committee also provides input to the ex-officio 
member of the Commission on issues arising from DoDEA school 
interactions with member States of the Compact, and acts as a 
counterpart to State Councils of member States.

[[Page 11702]]

    Education records. Those official records, files, and data directly 
related to a child and maintained by the school or local educational 
agency (LEA) or state educational agency (SEA), including but not 
limited to, records encompassing all the material kept in the child's 
cumulative folder such as general identifying data, records of 
attendance and of academic work completed, records of achievement and 
results of evaluative tests, health data, disciplinary status, test 
protocols, and individualized education programs (IEPs).
    Ex-officio member of the Commission. Non-voting member of the 
Commission who may include, but not be limited to, members of the 
representative organizations of military family advocates, LEA 
officials, parent and teacher groups, the DoD, the Education Commission 
of the State, the Interstate Agreement on the Qualification of 
Educational Personnel, and other interstate compacts affecting the 
education of children of military members.
    Extracurricular activity. A voluntary activity sponsored by the 
school or LEA or SEA or an organization sanctioned by the LEA or SEA. 
Extracurricular activities include but are not limited to preparation 
for and involvement in public performances, contests, athletic 
competitions, demonstrations, displays, and club activities.
    IEP. When a child is identified as a child with disabilities in 
accordance with Individuals With Disabilities Education Act (IDEA), he 
or she must have a written document that describes the special 
education supports and services the child will receive. The IEP is 
developed by a team that includes the child's parents and school staff.
    Interstate Compact on Education Opportunity for Military Children 
(the Compact). An agreement approved through State legislation that 
requires member States to follow provisions supporting the transition 
of children of military families between school systems in member 
States. As part of joining the Compact, States agree to participate in 
the Commission and pay dues to the Commission to support its oversight 
of the Compact.
    LEA. A public authority legally constituted by the State as an 
administrative agency to provide control of and direction for 
kindergarten through twelfth grade public educational institutions. For 
the purpose of administering the provisions of the Compact in Sec.  
89.8 of this part, DoDEA school districts as defined in 20 U.S.C. 932 
are equivalent to an LEA.
    Member State. A State that has enacted the Compact.
    Military Interstate Children's Compact Commission (MIC3). The MIC3, 
also known as the Interstate Commission on Educational Opportunity for 
Military Children (sometimes referred to as the ``Interstate 
Commission'' or ``the Commission''), is the governing body of the 
Compact composed of representatives from each member State, as well as 
various ex-officio members. The Commission provides general oversight 
of the agreement, creates and enforces rules governing the Compact, and 
promotes training and compliance with the Compact. Each member State 
will be allowed one vote on Compact matters, and the Commission will 
provide the venue for solving interstate issues and disputes.
    Military Family Education Liaison. Individual appointed or 
designated by State Council of each member state to assist military 
families and the State in facilitating the implementation of the 
Compact. Military members and DoD civilian employees cannot perform 
this function.
    Military installation. A base, camp, post, station, yard, center, 
homeport facility for any ship, or other activity under DoD 
jurisdiction, including any leased facility. (This term does not 
include any facility used primarily for civil works, rivers and harbors 
projects, or flood control projects.)
    Military representative to a State Council. Individual designated 
by the Deputy Assistant Secretary of Defense for Military Community and 
Family Policy (DASD(MC&FP)) to perform the duties and responsibilities 
defined in Sec.  89.5 of this part. The military representative is 
responsible for representing the interest of the DoD in fostering 
easier transition of children of military families according to their 
designation (installation representative, Military Department 
representative or statewide representative). The military 
representative will be a military member or DoD civilian who can remain 
in the position for at least 2 years and who has a direct interface 
with the State education system as part of official duties or has 
supervisory responsibility for those who do.
    Military representative to the DoDEA Committee. Individual 
nominated to represent all four Services by the Office of the Assistant 
Secretary of the Army for Manpower and Reserve Affairs (OASA(M&RA)), 
Office of the Assistant Secretary of the Navy for Manpower and Reserve 
Affairs (OASN(M&RA)), or Office of the Assistant Secretary of the Air 
Force for Manpower and Reserve Affairs (OASAF(M&RA)) on a rotational 
basis and appointed by the DASD(MC&FP) for a 2-year term. Because DoDEA 
is a DoD Component the military representative may act as a full 
participant in the DoDEA Committee.
    Receiving State. The State to which a child of a military family is 
sent, brought, or caused to be sent or brought.
    SEA. A public authority similar to an LEA, legally constituted by 
the State as an administrative agency to provide control of and 
direction for kindergarten through twelfth grade public educational 
institutions for the entire State.
    Sending State. The State from which a child of a military family is 
sent, brought, or caused to be sent or brought.
    State. State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American 
Samoa, the Northern Marianas Islands and any other U.S. territory or 
possession. For purposes of administering the provisions of the Compact 
in Sec.  89.8 of this part, DoD is considered a State and DoDEA is 
considered the equivalent of a State department of education for DoD.
    State Council. A body that coordinates among government agencies, 
LEAs, and military installations concerning the member State's 
participation in and compliance with the Compact and the Commission 
activities. A member State may determine the membership of its own 
Council, but membership must include at least: The State superintendent 
of education; superintendent of a school district with a high 
concentration of military children; representative (as a liaison) from 
a military installation; one representative each from the legislative 
and executive branches of State government; and other offices and 
stakeholder groups the State Council deems appropriate.
    Transition.
    (1) The formal and physical process of transferring from school to 
school; or
    (2) The period of time in which a child moves from a school in the 
sending State to a school in the receiving State.
    Veteran. A person who served in the military and who was discharged 
or released from the military under conditions other than dishonorable.


Sec.  89.4  Policy.

    In accordance with Section 539 of Public Law 111-84, ``National 
Defense Authorization Act for Fiscal Year 2010'' and DoD 5500.07-R, 
``Joint Ethics Regulations (JER)'' (available at http://www.dtic.mil/
whs/directives/corres/pdf/

[[Page 11703]]

550007r.pdf), it is DoD policy to support the intent of the Compact by 
reducing the difficulty children of military families (referred to in 
this part as ``children'' or ``the child'') have in transferring 
between school systems because of frequent moves and deployment of 
their parents. DoD will support the Compact by:
    (a) Designating military liaisons to State Councils of member 
States, the DoDEA Committee, and the MIC3.
    (b) Implementing the intent of the Compact in the DoDEA to ensure:
    (1) Timely enrollment of children in school so they are not 
penalized due to:
    (i) Late or delayed transfers of educational records from the 
previous school district(s); or
    (ii) Differences in entrance or age requirements.
    (2) Placement of children in educational courses and programs, 
including special educational services, so they are not penalized due 
to differences in attendance requirements, scheduling, sequencing, 
grading, or course content.
    (3) Flexible qualification and eligibility of children so they can 
have an equitable chance at participation in extracurricular, academic, 
athletic, and social activities.
    (4) Graduation within the same timeframe as the children's peers.
    (c) Promoting through DoDEA and the Military Departments:
    (1) Flexibility and cooperation among SEAs or LEAs, DoDEA, Military 
Departments, parents, and children to achieve educational success.
    (2) Coordination among the various State agencies, LEAs, and 
military installations regarding the State's participation in the 
Compact.


Sec.  89.5  Responsibilities.

    (a) Under the authority, direction, and control of the Under 
Secretary of Defense for Personnel and Readiness (USD(P&R)), the 
Assistant Secretary of Defense for Manpower and Reserve Affairs 
(ASD(M&RA)) oversees the implementation of this part.
    (b) Under the authority, direction, and control of the ASD (M&RA), 
the DASD(MC&FP):
    (1) Designates military representatives as liaisons to State 
councils, nominated by the Secretaries of the Military Departments by 
the procedures outlined in Sec.  89.7 of this part.
    (2) Designates the DoD ex-officio member of MIC3, insofar as DoD is 
invited to do so by MIC3.
    (3) Maintains a roster of designated liaisons to State councils in 
accordance with 32 CFR part 310.
    (4) Monitors issues arising under the Compact:
    (i) Affecting children of military families attending and 
transferring between member State schools; and
    (ii) the implementation of Sec.  89.8 of this part, affecting 
children of military families transferring between member state schools 
and DoDEA's schools (consisting of the Department of Defense Schools 
(DoDDS)--Europe, DoDDS--Pacific, and the Domestic Dependent Elementary 
and Secondary Schools (DDESS)).
    (c) Under the authority, direction, and control of ASD (M&RA), the 
Director, DoDEA:
    (1) To the extent allowable by 10 U.S.C. 2164 and 20 U.S.C. 921-
932, adjusts operating policies and procedures issued pursuant to DoD 
Directive 1342.20, ``Department of Defense Education Activity (DoDEA)'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/134220p.pdf) to implement the provisions of the Compact described in 
Sec.  89.8 of this part.
    (2) Informs boards and councils, described in DoD Instruction 
1342.15, ``Educational Advisory Committees and Councils'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/134215p.pdf) and DoD 
Instruction 1342.25, ``School Boards for Department of Defense Domestic 
Dependent Elementary and Secondary Schools (DDESS)'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/134225p.pdf), of the 
Compact provisions in Sec.  89.8 of this part and the DoDEA 
administration of these provisions.
    (3) Addresses disputes over provisions in Sec.  89.8 of this part 
between member States and DoDEA. When differences cannot be resolved 
with a member State, works with MIC3 to resolve these disputes.
    (4) Establishes the DoDEA Committee to review compliance with the 
provisions in Sec.  89.8 of this part and to address issues raised by 
the Secretaries of the Military Departments concerning the 
implementation of these provisions.
    (5) Ensures all personally identifiable information (PII) is 
collected, maintained, disseminated, and used in accordance with 32 CFR 
part 310.
    (6) Ensures that DoDEA schools comply with Sec.  89.8 and that 
DoDEA school-level officials inform DoDEA students transferring to 
schools in member States of the benefits extended by receiving States 
under the Compact.
    (d) The Secretaries of the Military Departments:
    (1) Nominate military representatives, in accordance with the 
procedures outlined in Sec.  89.7 of this part, for designation as 
liaisons to State Councils by the DASD(MC&FP) when such DoD liaison is 
requested.
    (2) Establish departmental policies and procedures to inform 
military communities of:
    (i) The provisions of this part as it affects children of military 
families attending and transferring between member State schools; and
    (ii) the provisions in Sec.  89.8 of this part concerning students 
transferring between DoDEA and member State schools.
    (3) Procedures to resolve issues or challenges raised by parents 
concerning the provisions of Sec.  89.8 of this part.


Sec.  89.6  Procedures.

    DoD implements policy in this part by:
    (a) Establishing a committee within DoDEA (referred to in this part 
as the ``DoDEA Committee'').
    (b) Designating military representatives to the State Councils of 
the member States and the DoDEA Committee in accordance with procedures 
in Sec.  89.7.
    (c) Designating the ex-officio member to MIC3 in accordance with 
Sec.  89.5 and Sec.  89.7.
    (d) Ensuring DoDEA compliance with the selected provisions of the 
Compact described in Sec.  89.8.


Sec.  89.7  Representatives to State Councils, the DoDEA Committee and 
MIC3.

    (a) Military Representatives as Liaisons to State Councils. In 
accordance with section 3-201 of DoD 5500.07-R, military 
representatives to State Councils will:
    (1) Be a military member or a civilian employee of DoD who has a 
direct interface with the State education system as part of official 
duties or has supervisory responsibility for those who do.
    (2) Only represent DoD interests (not the interests of the State 
Council), and consequently may not:
    (i) Engage in management or control of the State Council 
(therefore, may not vote or make decisions on daily administration of 
council);
    (ii) Endorse or allow the appearance of DoD endorsement of the 
State Council or its events, products, services, or enterprises;
    (iii) Represent the State Council to third parties; or
    (iv) Represent the State Council to the U.S. Government, as 
prohibited by federal criminal statutes.
    (3) Make clear to the State Council that:
    (i) The opinions expressed by the representative do not bind DoD or 
any DoD Component to any action.

[[Page 11704]]

    (ii) If included on State Council Web sites, all references to the 
representative by name or title must indicate that they are the 
``Military Representative'' as opposed to a council member.
    (4) Notify the chain of command of issues requiring policy 
decisions or actions requested of the military community within the 
State.
    (5) When called upon to act as the spokesperson for one or more 
than one installation:
    (i) Get feedback from the designated points of contact at each 
military installation within his or her responsibility.
    (ii) Coordinate proposed input to the State Council with the 
appropriate points of contact for each military installation within his 
or her responsibility.
    (iii) Act as a conduit for information between the State Council 
and each military installation within his or her responsibility.
    (iv) Provide feedback through the chain of command to the points of 
contact for each military installation within his or her responsibility 
and, as appropriate, to the OASA(M&RA), the OASN(M&RA), or the 
OASAF(M&RA).
    (6) Notify the State Council and the appropriate Deputy Assistant 
Secretary of the Military Department listed in paragraph (a)(5)(iv) of 
this section, through the chain of command, of reassignment or other 
circumstances that would require a replacement.
    (b) Nomination Process for Military Representatives to State 
Councils.
    (1) In accordance with DoD 5500.07-R, military representatives are 
nominated by the Military Departments and designated by the 
DASD(MC&FP), not by State officials. Depending on the number of 
military representatives required by State statute, designating 
representatives to a State Council will be accomplished according to 
the processes outlined in Table 1:

                   Table 1--Process for Designating Military Representatives to State Councils
----------------------------------------------------------------------------------------------------------------
                                                                                          Whereupon the official
 If State statute concerning military   The State Commissioner       Who requests a       written designation is
    representatives provides for:             contacts:          selection be made by:           made by:
----------------------------------------------------------------------------------------------------------------
One representative for all military    DASD(MC&FP)............  OASA(M&RA), OASN(M&RA),  DASD(MC&FP).
 children in the State.                                          or OASAF(M&RA)
                                                                 responsible for
                                                                 providing a
                                                                 representative for the
                                                                 State listed in Table
                                                                 2.
One representative for each Military   DASD(MC&FP)............  OASA(M&RA), OASN(M&RA),  DASD(MC&FP).
 Service.                                                        and OASAF(M&RA).
One representative for each military   DASD(MC&FP)............  OASA(M&RA), OASN(M&RA)   DASD(MC&FP).
 installation in the State.                                      and OASAF(M&RA).
----------------------------------------------------------------------------------------------------------------

    (2) When there is more than one military representative to a State 
Council (e.g., one per installation or one per Military Department 
represented in the State), the individual appointed by the responsible 
Military Department (Table 2) will serve as the lead military 
representative when DoD must speak with a single voice.
    (3) In circumstances where the State requests an individual by 
name, the DASD(MC&FP) will forward the request to the individual's 
Military Department for consideration. If that Military Department is 
different from the one designated in Table 2, the DASD(MC&FP) will 
first obtain the concurrence of the responsible Military Department.
    (4) Military representatives are expected to serve a minimum of 2 
years. When notified by the incumbent military representative of the 
need for a replacement, the OASA(M&RA), OASN(M&RA), or OASAF(M&RA) will 
inform DASD(MC&FP) of the request.
    (5) In accordance with the Compact, State officials appoint or 
designate the Military Family Education Liaison for the State. Service 
members and DoD civilians cannot be appointed or designated to fill 
this position for the State.

 Table 2--Military Department Areas of Authority for Selecting a Single
              Military Representative for the State Council
------------------------------------------------------------------------
        Military Department                   Areas of authority
------------------------------------------------------------------------
Army...............................  Alabama, Alaska, Colorado, Georgia,
                                      Hawaii, Indiana, Iowa, Kansas,
                                      Kentucky, Louisiana, Maryland,
                                      Michigan, Minnesota, Missouri, New
                                      York, Oklahoma, Pennsylvania,
                                      South Carolina, Texas, Vermont,
                                      Washington, West Virginia,
                                      Wisconsin.
Navy...............................  American Samoa, California,
                                      Connecticut, District of Columbia,
                                      Florida, Guam, Maine, Mississippi,
                                      New Hampshire, North Carolina,
                                      Northern Marianas, Oregon, Puerto
                                      Rico, Rhode Island, Tennessee,
                                      Virginia, Virgin Islands.
Air Force..........................  Arizona, Arkansas, Delaware, Idaho,
                                      Illinois, Massachusetts, Montana,
                                      Nebraska, Nevada, New Jersey, New
                                      Mexico, North Dakota, Ohio, South
                                      Dakota, Utah, Wyoming.
------------------------------------------------------------------------

    (c) Military Representative to the DoDEA Committee. Membership of 
the DoDEA Committee will include a representative from one of the 
Military Services to represent all four Services. OASA(M&RA), 
OASN(M&RA), or OASAF(M&RA) will nominate a representative on a 
rotational basis who will be designated for a 2-year term by the 
DASD(MC&FP).
    (d) Ex-Officio Member to MIC3. In accordance with section 3-201 of 
DoD 5500.07-R, the DoD ex-officio member to the Commission must:
    (1) Be a military member or a civilian employee of DoD who can 
remain in the position for at least 2 years and who has a direct 
interface with DoDEA and the U.S. public education system as part of 
official duties or has supervisory responsibility for those who do.
    (2) Attend as a liaison meetings of MIC3, its Executive Committee, 
and other standing committees where requested by the Commission.
    (3) Only represent DoD interests (not the interests of MIC3), and 
consequently may not:

[[Page 11705]]

    (i) Engage in management or control of MIC3 (therefore, may not 
vote or make decisions on daily administration of MIC3);
    (ii) Endorse or allow the appearance of DoD endorsement of MIC3, or 
its events, products, services, or enterprises;
    (iii) Represent the Commission to third parties; or
    (iv) Represent MIC3 to the U.S. Government, as prohibited by 
criminal statutes.
    (4) Make clear to MIC3 that:
    (i) The opinions expressed by the incumbent do not bind DoD or any 
DoD Component to any action.
    (ii) If included on MIC3 Web sites, all references to the incumbent 
by name or title must indicate that they are the ``DoD Ex-Officio 
Member'' as opposed to a MIC3 member.
    (5) Notify the chain of command of issues requiring policy 
decisions or actions requested of DoD.


Sec.  89.8  Compact provisions.

    (a) DoDEA Area School Districts Relationship With SEAs or LEAs in 
Member States.
    (1) For the purposes of DoD's implementation of the Compact in the 
schools it operates, DoDEA's area offices (Department of Defense 
Dependent Schools--Europe, Department of Defense Dependent Schools--
Pacific, and the Domestic Dependent Elementary and Secondary Schools) 
and their schools are considered as the equivalent of LEAs and SEAs, 
respectively.
    (2) Each DoDEA area acts as the ``receiving LEA'' and ``sending 
LEA'' in working with LEAs or SEAs in member States.
    (b) Articles IV Through VII of the Compact. This section describes 
the specific duties that DoDEA's LEAs have as ``sending'' or 
``receiving'' LEAs. DoDEA's duties under this section will reciprocate 
the duties assumed by member State LEAs or SEAs to children of military 
families, as expressed by their respective State's implementation of 
the Compact Articles IV through VII. DoDEA will implement the 
provisions described below, which, while retaining the intent of the 
Compact, have been modified as needed in the DoDEA context.
    (1) Article IV: Education Records and Enrollment
    (i) Unofficial or ``Hand-Carried'' Education Records
    (A) If official education records cannot be released to the parents 
for transfer, the DoDEA custodian of the records, as the sending LEA 
shall provide to the parent a complete set of unofficial education 
records.
    (B) Upon receipt of the unofficial education records, the DoDEA 
school, as the school in the receiving LEA shall enroll and 
appropriately place the child as quickly as possible based on the 
information in the unofficial records, pending validation by the 
official records.
    (ii) Official Education Records or Transcripts
    (A) The DoDEA school, acting as the receiving LEA shall request the 
child's official education record from the school in the sending State 
at the same time as DoDEA school enrolls and conditionally places the 
child.
    (B) Upon receipt of the request for a child's records, the school 
in DoDEA, acting as the sending LEA will provide the child's official 
education records to the school in the receiving State, within 10 work 
days. If there is a designated school staff break, records will be 
provided as soon as possible; however, the time will not exceed 10 work 
days after the return of staff. DoDEA will initiate actions to meet 
these deadlines without violating the disclosure rules of the Privacy 
Act, 5 U.S.C. 552a.
    (iii) Immunizations
    (A) Parents have 30 days from the date of enrolling their child in 
a DoDEA school to have their child(ren) immunized in accordance with 
DoDEA's immunization requirements, as the receiving LEA.
    (B) For a series of immunizations, parents must begin initial 
vaccinations of their child(ren) within 30 days.
    (iv) Entrance Age
    (A) At the time of transition and regardless of the age of the 
child, the DoDEA school, acting as the receiving LEA, shall enroll the 
transitioning child- at the -grade level--as the child's grade level 
(i.e. in kindergarten through grade 12) in the sending state's LEA.
    (B) A child who has satisfactorily completed the prerequisite grade 
level in the sending state's LEA will be eligible for enrollment in the 
next higher grade level in DoDEA school, acting as the receiving LEA, 
regardless of the child's age.
    (C) To be admitted to a school in the receiving State, the parent 
or guardian of a child transferring from a DoDEA (sending) LEA must 
provide:
    (1) Official military orders showing the military member or the 
member's spouse was assigned to the sending State or commuting area of 
the State in which the child was previously enrolled. If the child was 
residing with a guardian other than the military member during the 
previous enrollment, proof of guardianship (as specified in the 
Compact) should be provided by the parent or guardian to the receiving 
LEA or SEA to establish eligibility under the Compact.
    (2) An official letter or transcript from the sending school 
authority that shows the student's record of attendance, academic 
information, and grade placement.
    (3) Evidence of immunization against communicable diseases.
    (4) Evidence of date of birth.
    (2) Article V: Placement and Attendance
    (i) Course Placement
    (A) As long as the course is offered by DoDEA, as the receiving 
LEA, it shall honor placement of a transfer student in courses based on 
the child's placement or educational assessment in the sending State 
school.
    (B) Course placement includes, but is not limited to, Honors, 
International Baccalaureate, Advanced Placement, vocational, technical, 
and career pathways courses.
    (C) Continuing the child's academic program from the previous 
school and promoting placement in academically and career challenging 
courses shall be a primary consideration when DoDEA considers the 
placement of a transferring child.
    (D) DoDEA, acting as the receiving LEA, may perform subsequent 
evaluations to ensure the child's appropriate course placement.
    (ii) Educational Program Placement
    (A) As long as the program is offered by DoDEA, acting as a 
receiving LEA, it will honor placement of the child in educational 
programs based on current educational assessments and placement in like 
programs in the sending State. Such programs include, but are not 
limited to, gifted and talented programs and English language learners.
    (B) The receiving State school may perform subsequent evaluations 
to ensure the child's appropriate educational program placement.
    (iii) Special Education Services
    (A) DoDEA, acting as the receiving LEA, will initially provide 
comparable services to a child with disabilities based on his or her 
current IEP in compliance with 20 U.S.C. chapter 33, also known and 
referred to in this part as the ``Individuals with Disabilities 
Education Act (IDEA),'' as amended, and the requirements of Executive 
Order 13160. DoDEA may perform subsequent evaluations to ensure the 
child's appropriate placement consistent with IDEA.
    (B) DoDEA, acting as the receiving LEA, will make reasonable 
accommodations and modifications to address the needs of incoming 
children with disabilities, in compliance with the requirements of 29 
U.S.C. 794 and E.O.

[[Page 11706]]

13160, and subject to an existing 504 plan to provide the child with 
equal access to education.
    (iv) Placement Flexibility. DoDEA's administrative officials must 
have flexibility in waiving course or program prerequisites or other 
preconditions for placement in courses or programs offered under the 
jurisdiction of DoDEA.
    (v) Absences Related to Deployment Activities. A child whose parent 
or legal guardian is an active duty Service member and has been called 
to duty for, is on leave from, or has immediately returned from 
deployment to a combat zone or combat support posting, will be granted 
additional excused absences under governing DoDEA rules.
    (3) Article VI: Eligibility for Enrollment
    (i) Eligibility in DoDEA Schools. Eligibility of dependents of 
military members is governed by the laws in 10 U.S.C. 2164 and their 
implementing regulations. Only children who are eligible to attend 
DoDEA schools may do so, regardless of their transition status.
    (ii) Eligibility for Extracurricular Participation. DoDEA, acting 
as the receiving LEA, will facilitate the opportunity for transitioning 
children's inclusion in extracurricular activities, regardless of 
application deadlines, to the extent the children are otherwise 
qualified.
    (4) Article VII: Graduation. To facilitate the child's on-time 
graduation, DoDEA will incorporate the following procedures:
    (i) Waiver Requirements
    (A) DoDEA administrative officials will waive specific courses 
required for graduation if similar course work has been satisfactorily 
completed in another LEA or provide reasonable justification for 
denial.
    (B) If DoDEA, as a receiving LEA, does not grant a waiver to a 
child who would qualify to graduate from the sending school, DoDEA will 
provide an alternative means of acquiring required coursework so that 
graduation may occur on time.
    (C) If DoDEA, as the receiving LEA, requires a graduation project, 
volunteer community service hours, or other DoDEA specific requirement, 
DoDEA may waive those requirements.
    (ii) Exit Exams
    (A) DoDEA, as a receiving LEA, must:
    (1) Accept exit or end-of-course exams required for graduation from 
the sending State.
    (2) Accept national norm-referenced achievement tests.
    (3) Provide alternative testing in lieu of testing requirements for 
graduation in the receiving from a DoDEA school.
    (B) If the alternatives in paragraph (b)(2)(i) of this section 
cannot be accommodated by DoDEA as the receiving LEA for a child 
transferring in his or her senior year, then the provisions of 
paragraph (b)(1)(iv)(C) of this section will apply.
    (iii) Transfers During Senior Year
    (A) If a child transferring at the beginning or during his or her 
senior year is ineligible to graduate from DoDEA, as the receiving LEA, 
after all alternatives have been considered, DoDEA will request a 
diploma from the sending LEA or SEA. DoDEA will ensure the receipt of a 
diploma from the sending LEA or SEA, if the child meets the graduation 
requirements of the sending LEA or SEA.
    (B) If one of the States in question is not a member of this 
Compact, DoDEA, as a receiving state, will use best efforts to 
facilitate a transferring child's on-time graduation in accordance with 
paragraphs (b)(1)(iv)(A) and (b)(1)(iv)(B) of this section.

    Dated: March 2, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-04970 Filed 3-4-16; 8:45 am]
BILLING CODE 5001-06-P