[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