[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92654-92663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30110]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 89

[Docket ID: DOD-2015-OS-0020]
RIN 0790-AJ33


Interstate Compact on Educational Opportunity for Military 
Children

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

ACTION: Final rule.

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SUMMARY: DoD is establishing policies to implement the Interstate 
Compact on Educational Opportunity for Military Children (referred to 
as the ``Compact'') within the DoD, informed by the sense of Congress, 
and in furtherance of the operation of DoD schools. The final 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 (DoDEA) 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: This rule is effective on January 19, 2017.

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

SUPPLEMENTARY INFORMATION: On March 7, 2016 (81 FR 11698-11706), the 
Department of Defense published a proposed rule titled Interstate 
Compact on Educational Opportunity for Military Children for a 60-day 
public comment period. The public comment period closed on May 6, 2016. 
Ten public comments were received. The preamble to this final rule 
addresses the comments. Due to one of the public comments received, the 
Department has revised the final rule to reflect that the Military 
Departments will nominate military representatives by position to act 
as liaisons to State Councils and the Deputy Assistant Secretary of 
Defense for Military Community and Family Policy (DASD(MC&FP)) will 
designate them in this manner.
    Edits were made to adjust the process established to designate DoD 
liaisons to State Councils, so that liaisons are designated by position 
rather than by individual.
    As the result of further internal coordination, administrative 
edits were made to the regulatory text.
    Comment: ``This regulation is very beneficial for the States and as 
the DoD is to handle the majority of the cost, it has the promise of 
doing a great deal of good for the children of active duty military 
without being overly burdensome to the States participating. However, 
as the participation in the Compact is voluntary, it is possible that 
the degree of implementation will vary from state to state, perhaps by 
a large degree. This potential for variation would run against the 
purpose of the regulation. It is not always desirable to have penalties 
as part of a regulation, especially one that is voluntary, but without 
a clear idea of how the regulation would be enforced, the goals of the 
Compact may not be successful.''
    Response: All fifty states and the District of Columbia (DC) have 
accepted the Compact into their state statutes. Consequently, complying 
with the provisions of the Compact is based on compliance with state 
law. Additionally, the Compact (approved by all fifty states and DC) 
includes the oversight of the Compact by a Commission composed of 
member states, with rules governing non-compliance and dispute 
resolution. Also, support for the administration of the Compact and the 
Commission is funded entirely by the member states without support from 
the federal government.
    Comment: ``This new policy will not only bring awareness to 
schools, but will open up a need for additional staff to require 
training and employment in the schools to assist these [military] 
families. This rule will also open doors for additional policy to be 
made and other services not being addressed to have priority in 
legislation in the upcoming years so that the military families can 
have less strain than they already do with having a parent serve our 
country.''
    Response: The fifty states and DC enacted laws approving the 
Compact with the understanding that implementation of the Compact would 
not require additional staffing in schools. Additionally, since 
enactment of the Compact in the 50 states and DC between 2008 and 2014, 
there have not been additional policies or services to address 
educational needs of children in

[[Page 92655]]

military families. Instead, states have addressed other concerns, such 
as licensure and employment of military spouses.
    Comment: ``Since most moves occur during the summer months, in 
between school years, many of the challenges addressed by the proposed 
rule can be avoided with forethought and planning. For instance, every 
experienced military spouse knows to contact the gaining school system 
and/or base to gather as much enrollment information as possible and 
begin setting up a smooth transition. Required immunizations are 
dispensed at the base clinic, soccer registration forms and payment are 
mailed off, copies of IEP and special needs assessment tests are made. 
But what about things the family cannot control, such as high school 
prerequisites or differences in the number of required language courses 
a transferring high school student must take?''
    Response: The focus of this rule is the implementation of the 
Compact provisions by DoDEA and facilitating the DoD liaison function 
on State Councils. With this said, the Compact provides broad policies 
to facilitate the transition of children in military families between 
schools. Forethought and planning can help families during these 
transitions, but there are elements of the transition process that the 
Compact addresses without requiring a school district to modify its 
educational standards.
    Comment: ``In the definition for the children of military families, 
number four should be revised. I believe that children of military 
members who are severely wounded, ill, injured, or die on active duty 
or as a result of injuries sustained on active duty need to have this 
designation for longer than one year. I suggest they keep this 
designation until June 30th of their normal graduation year. This 
ensures the child/children will have this support until they graduate.
    Similar Comment: Eligibility needs to include recently separated 
(regardless of despoliation as it is not child's fault for honorable, 
etc.) and retired/new retirement system??? soldiers (for more than 1 
year and beyond ``retire'' as the military is looking to drastically 
change retirement in the next decade, not sure what those soldiers will 
be called. . . . thinking ahead here).''
    Response: The suggested changes may be very worthwhile; however, 
the definitions included in this rule are the same as the definitions 
that have been enacted by the 50 states and DC, which have approved the 
Compact. Furthermore, the enrollment policies governing DoDEA schools 
is governed by 20 U.S.C. 921-932 and 10 U.S.C. 2164.
    Comment: ``My high school split was awful after my dad retired 
between my sophomore and junior year. From KY to GA requirements. I was 
denied Calculus and French 3 due to GA requirements for freshmen PE & 
sophomore economics to graduate in their state. Guess taking Latin & 
biology & chemistry right off the bat in KY crowded out these GA 
requirements. Was such a joke to put a senior into a freshman class for 
a requirement not needed or looked favorably at for college 
transcripts. Would have been so much more streamlined if given a waiver 
and opt out of GA requirements to graduate.''
    Response: The Compact allows for military families more flexibility 
to work with schools to accommodate requirements for the graduation of 
their children. Section 89.8(b)(4) outlines the provisions of Article 
VII of the Compact on graduation requirements.
    Comment: ``The pact should also provide guidance for both state-
side and DoD schools to provide transition tutoring for military 
children transferring to new schools. States have different standards 
and teachers teach to different standards per their school districts. 
There are times when new military children transfer to a different 
school and they are considered ``behind.'' Not because they have a 
learning disability, but the part of the curriculum may not have been 
taught at the old school. If a tutoring program for possibly 90 days or 
more (if necessary) could be provided at no expense to the parents, 
this will allow transferring students time to learn any coursework they 
may not have been taught at their old schools. This will also make the 
transition less stressful on the kids.''
    Response: Adding services, such as tutoring, to the Compact would 
require the member states and DC to amend their laws that implement the 
Compact. Since enactment of the Compact in the 50 states and DC between 
2008 and 2014, there have not been additional policies or services to 
address educational needs of children in military families.
    Comment: ``Now that the Compact has been adopted by all 50 states 
and the District of Columbia, the next step must be to ensure each 
state has a functioning state council. These councils play an important 
role in raising awareness of the Compact among school districts, as 
well as answering questions and resolving conflicts. Although DoD 
cannot compel states to create and maintain state councils, it can and 
should ensure each council has one or more military representatives. 
While we commend DoD for its thoughtful approach to identifying 
military representatives, we have concerns about some of the procedures 
outlined in the proposed rule. Under the proposed rule, each Service 
will be assigned several states and will be responsible for selecting 
the military representative to serve on those states' councils. The 
military representative must be a military member or DoD civilian who 
can serve on the state council for two years. Given the transient 
nature of military life, we believe this places an undue burden on the 
Services, who will be required to identify a new representative each 
time an individual serving on a state council is reassigned to a new 
location. Rather than choosing an individual, we believe it makes more 
sense to formally attach the military representative role to a given 
position or billet. An assignment by billet would provide the state 
councils with the assurance the military representative role will be 
continuously occupied and reduce the burden on the Services.'' \1\
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    \1\ April 14, 2016 letter from the National Military Family 
Association, submitted as comment on DOD-2015-OS-0020-0001.
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    Response: The Department agrees with the perspective of designating 
military representatives by position to act as liaisons. The Department 
has heard informally from others within the Military Interstate 
Children's Compact Commission (MIC3) that designation by position would 
be the preferred approach. Consequently, the Department has revised the 
proposed rule and the DoD Instruction to reflect this change so that 
the Military Departments will nominate military representatives by 
position and the DASD(MC&FP) will designate them in this manner. These 
designations normally will remain in force until a State Commissioner 
requests a different position (or positions) be designated as the 
liaison to the State Council.

Executive Summary

I. Purpose of This Rulemaking

    This final 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

[[Page 92656]]

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 and DC have passed legislation to 
become members of the Compact, including most of those with large 
numbers of military residents. DoDEA cannot be a member of the Compact, 
but is complying with its provisions as a matter of policy 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 school 
transition in the following areas:

Education Records and Enrollment

    The Compact asks school districts in member states to assist 
military families with the transfer of education records, additional 
time for immunization and continuity of enrollment in kindergarten and 
first grade:
     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 it receives 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 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 for Enrollment

    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. The Compact requires cooperation in the following 
areas:
     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. 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.

[[Page 92657]]

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 that describe the 
implementation of the principles of the Compact within DoD, including 
DoDEA:
    (1) 10 U.S.C. 2164--Department of Defense Domestic Dependent 
Elementary and Secondary Schools (DDESS). This law authorizes DoD to 
operate a school system within the United States for DoD dependents 
when it is determined that appropriate educational programs are not 
available through a local educational agency.
    (2) 20 U.S.C.--Education, Chapter 25A--Overseas Defense Dependents' 
Education. This law authorizes DoD to operate a program to provide a 
free public education through secondary school for dependents in 
overseas areas. It is the statutory basis for the DoD Dependent 
Schools.

III. Summary of the Major Focus Points of This Rulemaking

    The major provisions of this regulatory action include designating 
military representatives as liaisons to State Councils of member states 
of the Compact, designating the DoD ex-officio member as a liaison to 
the Compact Commission (i.e., the MIC3), 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 schools.
    (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 describes how DoD may send an ex-officio liaison to 
the Commission meetings, and also describes how the DoD ex-officio 
member will participate as a liaison on the Executive Committee of the 
Commission. This rule provides guidelines for the DoD ex-officio member 
(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 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 final rule that 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 costs to the Department are summarized below:
     Military representative attending State Council meetings 
as a liaison. 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 $569 \2\ in 
opportunity labor cost. Additionally, intrastate travel and per diem is 
expected to cost an approximate average of $339.\3\ States vary with 
regards to the number of military representatives they have requested 
to attend; however, the estimated number of military representatives is 
77.\4\ Applying the approximate average costs per year provides $43,810 
in opportunity labor costs and $26,100 in travel and per diem.
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    \2\ Cost estimated on the salary of a GS-14 step 5 without 
locality pay or percentage for benefits (average of $47.39 per 
hour--2016 GS Pay Scale) times approximately 12 hours.
    \3\ Cost of travel calculated at an average round trip requiring 
300 miles times the mileage rate of $0.54 per mile (equals 
approximately $162), plus per diem costs of $142 per day, plus 
proportional meals and incidentals for the second day of $35 ($177). 
Unit rates based on Fiscal Year 2017 standard per diem rate for the 
Continental United States and 2016 GSA mileage rates.
    \4\ 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 position to act 
as a liaison to a State Council. DoD estimates approximately 180 hours 
\5\ of administrative time to coordinate nominations for the first 
year, plus approximately 80 hours \6\ to process, review, coordinate, 
sign and distribute the designation letters. The opportunity labor cost 
of coordination would be approximately $7,220 \7\ and completing the 
designation letter, with accompanying documents, would be $4,730 \8\ 
for the first year. Subsequent years would be approximately 20 percent 
of the time and cost associated with the first year (approximately 
$1,440 for coordination and $950 for completing designation letters).
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    \5\ 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. Estimate fulfilling requests from 40 states for the first 
year (designating approximately 60 positions).
    \6\ 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 40 letters of designation for 
the first year (some individuals will be included on the same 
designation letter).
    \7\ Cost estimated on the salary of a GS-13 step 5, without 
locality pay or percentage for benefits ($40.10 per hour--2016 GS 
Pay Scale).
    \8\ Cost estimated on the salary of a GS-14 step 5 with locality 
pay for Washington, DC, but no percentage for benefits ($59.13 per 
hour--2016 GS Pay Scale).
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     Ex-officio member to the MIC3. This individual 
participates as a liaison in the annual conference, executive committee 
meeting, and other standing committee meetings and would cost DoD 
approximately $8,610 per year.\9\
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    \9\ 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 and no benefits included ($69.56 per hour--2016 GS 
Pay Scale) times 72 hours ($5,010), plus $3,600 for travel and per 
diem (based on average cost for 20 similar 3-day temporary duty 
trips for 2015).
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    Additionally, this final 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

[[Page 92658]]

members of the Compact.\10\ 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 $3,310 per year \11\ to administer and 
conduct meetings.
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    \10\ 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.
    \11\ 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 and not including benefits 
($59.13 per hour--2016 GS Pay Scale); 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 676,000 school-
age children educated by local education agencies and DoDEA.\12\ 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.\13\ 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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    \12\ 2014 Demographic Profile of the Military Community, DMDC 
Active Duty Military Family File, page 137.
    \13\ 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.\14\ The majority 
of 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.\15\
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    \14\ 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.
    \15\ 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. 
It has been determined that this rule is not a significant regulatory 
action. The rule does not: (1) Have an annual effect on the economy of 
$100 million or more or adversely affect in a material way the economy; 
a section of the economy; productivity; competition; jobs; the 
environment; public health or safety; or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another Agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs, or the rights and obligations of recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

2 U.S.C. Ch. 25, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1532) 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. 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. Ch. 6)

    DoD 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

[[Page 92659]]

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.

0
Accordingly 32 CFR part 89 is 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 the sense of Congress as set forth in 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 DoD, 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;
    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.
    DoDEA Committee. A DoD committee established pursuant to this part 
by Director, 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.
    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.
    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

[[Page 92660]]

include any facility used primarily for civil works, rivers and harbors 
projects, or flood control projects.)
    Military representative as a liaison to a State Council. Incumbent 
of a position designated by the DASD(MC&FP), who performs 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 whose position 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)), 
the Office of the Assistant Secretary of the Navy for Manpower and 
Reserve Affairs (OASN(M&RA)), or the 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. The formal and physical process of transferring from 
school to school; or 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 the sense of Congress as set forth in 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/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, by position, 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 education 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, 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 by position 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 serving as a liaison to 
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 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://

[[Page 92661]]

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 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 by position, 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 by position to serve as 
liaisons 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 serve as a liaison 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 designated by position as Liaisons to 
State Councils. In accordance with section 3-201 of DoD 5500.07-R, 
incumbents of positions designated as liaisons 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 statues.
    (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.
    (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).
    (b) Nomination Process for Positions Designated as Liaisons to 
State Councils. (1) In accordance with DoD 5500.07-R, liaison positions 
are nominated by the Military Departments and designated by the 
DASD(MC&FP), not by State officials. Depending on the number of liaison 
positions required by State policy, designating liaison positions to a 
State Council will be accomplished according to the processes outlined 
in Table 1:

                      Table 1--Process for Designating Liaison Positions 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 incumbent of the position nominated 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

[[Page 92662]]

DASD(MC&FP) will forward the request to the individual's Military 
Department for consideration of designating the position which the 
individual encumbers. 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) 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 Position To Serve as a Liaison to 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 Serving as a Liaison 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:
    (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 (DoDDS--Europe, DoDDS--
Pacific, and DDESS) 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.

[[Page 92663]]

    (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 Executive Order 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 20 U.S.C. 921 through 932 
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: December 12, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-30110 Filed 12-19-16; 8:45 am]
 BILLING CODE 5001-06-P