79493222.1-360Virginia Decodedhttps://vacode.org2016EducationInterstate Compact On Educational Opportunity For Military ChildrenInterstate Compact on Educational Opportunity for Military Children2009, c. 187; 2010, c. 148.The Interstate Compact on Educational Opportunity for Military Children is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:section1Purpose. It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
sectionArtArt2 Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.sectionArtAArtA3 Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment.sectionArtBArtB3 Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.sectionArtCArtC3 Facilitating the on-time graduation of children of military families.sectionArtDArtD3 Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.sectionArtEArtE3 Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.sectionArtFArtF3 Promoting coordination between this compact and other compacts affecting military children.sectionArtGArtG3 Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.sectionArtHArtH3Definitions. As used in this compact, unless the context clearly requires a different construction:
sectionArtArt2Applicability.sectionArtArt1 Except as otherwise provided in subsection B, this compact shall apply to the children of:
sectionArtAArtA2 Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211;sectionArtA1ArtA13 Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; andsectionArtA2ArtA23 Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.sectionArtA3ArtA33 The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.sectionArtBArtB2 The provisions of this compact shall not apply to the children of:
sectionArtCArtC2 Inactive members of the National Guard and Military Reserves;sectionArtC1ArtC13 Members of the uniformed services now retired, except as provided in subsection A;sectionArtC2ArtC23 Veterans of the uniformed services, except as provided in subsection A; andsectionArtC3ArtC33 Other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.sectionArtC4ArtC43Educational Records and Enrollment.sectionArtArt1 Immunizations. Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.sectionArtCArtC2 Kindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at the grade level in the receiving state commensurate with their grade level (including kindergarten) from a local education agency in the sending state at the time of transition, regardless of minimum age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of minimum age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from a local education agency in the sending state.sectionArtDArtD2Placement and Attendance.sectionArtArt1 Educational program placement. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to, (i) gifted and talented programs and (ii) English as a second language (ESL) programs. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.sectionArtBArtB2 Special education services. In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP) and in compliance with the requirements of § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, and the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.sectionArtCArtC2 Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course/program prerequisites or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.sectionArtDArtD2 Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, 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, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.sectionArtEArtE2Eligibility.sectionArtArt1 Eligibility for enrollment.
sectionArtAArtA2 Children of military families shall be eligible for enrollment in the public schools of Virginia provided that the documents required by §§ 22.1-3.1 and 22.1-3.2 are provided and subject to the authority of a local education agency to exclude such children from attendance pursuant to § 22.1-277.2 or if such children have been found guilty or adjudicated delinquent for any offense listed in subsection G of § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories;sectionArtA1ArtA13 Special power of attorney, relative to the guardianship of a child of a military family, and executed under Title 10, United States Code, § 1044b, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent;sectionArtA2ArtA23 A local education agency shall be prohibited from charging local tuition to a military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent; andsectionArtA3ArtA33 A military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.sectionArtA4ArtA43Graduation. In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:
sectionArtArt2 Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar coursework has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.sectionArtAArtA3 Exit exams. States shall accept: (i) exit or end-of-course exams required for graduation from the sending state, (ii) national norm-referenced achievement tests, or (iii) alternative testing acceptable to the receiving state, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state, then the provisions of subsection C of this Article shall apply. Within 12 months of the effective date of this compact, the Interstate Commission shall adopt a rule addressing the acceptance of exit exams.sectionArtBArtB3 Transfers during senior year. Should a military student transferring in his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending local education agency, with the cooperation of the receiving local education agency, shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with subsections A and B of this Article.sectionArtCArtC3State Coordination.sectionArtArt1 Each member state shall employ a military family education liaison to assist military families and the state in facilitating the implementation of this compact.sectionArtBArtB2 The compact commissioner and the military family education liaison described herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.sectionArtDArtD2Interstate Commission on Educational Opportunity for Military Children. The member states hereby create the Interstate Commission on Educational Opportunity for Military Children. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
sectionArtArt2 Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.sectionArtAArtA3 Each member state represented at a meeting of the Interstate Commission is entitled to one vote;sectionArtB1ArtB14 A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission;sectionArtB2ArtB24 A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from the state for a specified meeting; andsectionArtB3ArtB34 The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.sectionArtB4ArtB44 Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members.sectionArtCArtC3 Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.sectionArtDArtD3 Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Department of Defense shall serve as an ex officio, nonvoting member of the executive committee.sectionArtEArtE3 Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.sectionArtFArtF3 Public notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds vote that an open meeting would be likely to:
sectionArtGArtG3 Disclose matters specifically exempted from disclosure by federal and state statute;sectionArtG2ArtG24 Disclose trade secrets or commercial or financial information that is privileged or confidential;sectionArtG3ArtG34 Involve accusing a person of a crime or formally censuring a person;sectionArtG4ArtG44 Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;sectionArtG5ArtG54 Disclose investigative records compiled for law-enforcement purposes; orsectionArtG6ArtG64 The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.sectionArtIArtI3 The Interstate Commission shall create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission, any member state, or any local education agency.sectionArtJArtJ3Powers and Duties of the Interstate Commission. The Interstate Commission shall have the following powers:
sectionArtArt2 To provide for dispute resolution among member states.sectionArtAArtA3 To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. The rules shall have the force and effect of regulations adopted under the Administrative Process Act (§ 2.2-4000 et seq.), and shall be binding in the compact states to the extent and in the manner provided in this compact.sectionArtBArtB3 To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions.sectionArtCArtC3 To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process. Any action to enforce compliance with the compact provisions by the Interstate Commission shall be brought against a member state only.sectionArtDArtD3 To establish and maintain offices, which shall be located within one or more of the member states.sectionArtEArtE3 To purchase and maintain insurance and bonds.sectionArtFArtF3 To borrow, accept, hire, or contract for services of personnel.sectionArtGArtG3 To establish and appoint committees, including but not limited to an executive committee as required by Article IX, subsection E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.sectionArtHArtH3 To accept any and all donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of them.sectionArtJArtJ3 To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.sectionArtKArtK3 To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.sectionArtLArtL3 To establish a budget and make expenditures.sectionArtMArtM3 To adopt a seal and bylaws governing the management and operation of the Interstate Commission.sectionArtNArtN3 To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.sectionArtOArtO3 To coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity.sectionArtPArtP3 To establish uniform standards for the reporting, collecting, and exchanging of data.sectionArtQArtQ3 To maintain corporate books and records in accordance with the bylaws.sectionArtRArtR3 To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.sectionArtSArtS3 To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.sectionArtTArtT3Organization and Operation of the Interstate Commission.sectionArtArt1 The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:
sectionArtAArtA2 Establishing the fiscal year of the Interstate Commission;sectionArtA1ArtA13 Establishing an executive committee and such other committees as may be necessary;sectionArtA2ArtA23 Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;sectionArtA3ArtA33 Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;sectionArtA4ArtA43 Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;sectionArtA5ArtA53 Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; andsectionArtA6ArtA63 Executive Committee, officers, and personnel.
sectionArtCArtC2 The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: (i) managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (ii) overseeing an organizational structure within and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and (iii) planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission.sectionArtC1ArtC13 The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.sectionArtC2ArtC23 The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.sectionArtD2ArtD23Rulemaking Functions of the Interstate Commission.sectionArtArt1 Rulemaking authority. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.sectionArtAArtA2 If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.sectionArtDArtD2Oversight, Enforcement, and Dispute Resolution.sectionArtArt1 Oversight.
sectionArtAArtA2 All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the Interstate Commission; andsectionArtA2ArtA23 The Interstate Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules.sectionArtA3ArtA33 Default, technical assistance, suspension, and termination.
sectionArtBArtB2If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:
sectionArtBArtB3 Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default;sectionArtB1ArtB14 Provide remedial training and specific technical assistance regarding the default;sectionArtB2ArtB24 If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default;sectionArtB3ArtB34 The state that has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, including obligations the performance of which extends beyond the effective date of suspension or termination;sectionArtB5ArtB54 The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state; andsectionArtB6ArtB64 Dispute resolution.
sectionArtCArtC2 The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states.sectionArtC1ArtC13 The Interstate Commission shall promulgate a rule providing for mediation for disputes as appropriate.sectionArtC2ArtC23Financing of the Interstate Commission.sectionArtArt1 The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.sectionArtAArtA2 The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.sectionArtCArtC2 The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.sectionArtDArtD2Member States, Effective Date, and Amendment.sectionArtArt1 Any state is eligible to become a member state.sectionArtAArtA2 The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The Governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.sectionArtBArtB2 The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.sectionArtCArtC2Withdrawal and Dissolution.sectionArtArt1 Withdrawal.
sectionArtAArtA2 Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact specifically by repealing the statute that enacted the compact into law.sectionArtA1ArtA13 Withdrawal from this compact shall be by the enactment of a statute repealing the same.sectionArtA2ArtA23 The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.sectionArtA4ArtA43 Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.sectionArtA5ArtA53 Dissolution of compact.
sectionArtBArtB2 This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state.sectionArtB1ArtB13 Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.sectionArtB2ArtB23Severability and Construction.sectionArtArt1 The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.sectionArtAArtA2 The provisions of this compact shall be liberally construed to effectuate its purposes.sectionArtBArtB2 Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.sectionArtCArtC2Binding Effect of Compact and Other Laws.sectionArtArt1 Other laws.
sectionArtAArtA2 Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.sectionArtA1ArtA13 Binding effect of the compact.
sectionArtBArtB2 All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.sectionArtB1ArtB13 All agreements between the Interstate Commission and the member states are binding in accordance with their terms.sectionArtB2ArtB23 In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.sectionArtB3ArtB33http://law.lis.virginia.gov/vacode/22.1-360//22.1-360/22.1/24/22.1-360