Interstate Compact on Educational Opportunity for Military Children IC 20-38-3

Posted: Tue, 01/03/2012 - 11:04am Updated: Mon, 12/01/2014 - 1:57pm

ARTICLE I. PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families due to frequent moves and deployment of their parents by doing the following:
A. 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 educational records from the school corporations the children previously attended or variations in admissions requirements.
B. Facilitating the student placement process to ensure that children of military families are not placed at a disadvantage due to variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment.
C. Facilitating the qualifications and eligibility for enrollment and participation in educational programs and extracurricular academic, athletic, and social activities.
D. Facilitating the timely graduation of children of military families.
E. Providing for the adoption and enforcement of rules to implement this chapter.
F. Providing for the uniform collection and sharing of information among member states, schools, and military families.
G. Promoting coordination among this compact and other compacts affecting children of military families.
H. Promoting flexibility and cooperation among the educational system, students, and families to achieve educational success for the students.

ARTICLE II. DEFINITIONS

ARTICLE III. APPLICABILITY

ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT

A. If official educational records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall

  • prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the interstate commission.
  • Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records, pending validation by the official records, as quickly as possible.

B. At the same time as the enrollment and conditional placement of the student, the school in the receiving state shall

  • request the student's official educational record from the school in the sending state.
  • Upon receipt of this request, the school in the sending state shall process and furnish the official educational records to the school in the receiving state within ten (10) days of such time as is reasonably determined under the rules adopted by the interstate commission.

C. Member states shall give thirty (30) days after the date of enrollment, or within such time as is reasonably determined under the rules adopted by the interstate commission, for students to obtain immunizations required by the receiving state.

For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules adopted by the interstate commission.

D. Students may continue their enrollment at 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 age.

A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state is eligible for enrollment in the next highest grade level in the receiving state, regardless of age.

A student who transfers after the start of the school year in the receiving state shall enter the school in the receiving state on the student's validated level from an accredited school in the sending state.

 

ARTICLE V. PLACEMENT AND ATTENDANCE

A When a student transfers before or during a school year, the receiving state school initially shall honor placement of the student in educational courses based on the student's

  • enrollment in the sending state school,
  • on educational assessments conducted at the school in the sending state if the courses are offered, or
  • on both the enrollment and assessments.

Course placement includes honors, international baccalaureate, advanced placement, vocational, technical, and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses are paramount when considering placement. The school in the receiving state may perform subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses.

B. The receiving state school initially shall honor placement of a student in educational programs based on current educational assessments conducted at the school in the sending state or by participation or placement in similar programs in the sending state. Similar programs include gifted and talented programs and English as a second language programs. A school in a receiving state may perform subsequent evaluations to ensure appropriate placement of a student.

C. In compliance with the federal requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on the student's current individualized education program.

D. In compliance with the requirements of Section 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 through 12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 Plan or Title II Plan, to provide the student with equal access to education. A school in a receiving state may perform subsequent evaluations to ensure appropriate placement of a student.

E. Local education agency administrative officials have flexibility in waiving course or program prerequisites or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.

F. A student whose parent or legal guardian is an active duty member of the uniformed services 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 the parent or legal guardian before the leave or deployment.

 

ARTICLE VI. ELIGIBILITY

A. Eligibility for enrollment

1. A special power of attorney, relative to the guardianship of a child of a military family, is sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
2. A local education agency is prohibited from charging local tuition to a transitioning child of a military family placed in the care of a noncustodial parent or another person standing in loco parentis who lives in a jurisdiction other than the jurisdiction of the custodial parent.
3. A transitioning child of a military family, placed in the care of a noncustodial parent or another person standing in loco parentis who lives in a jurisdiction other than the jurisdiction of the custodial parent, may attend the school in which the child was enrolled while residing with the custodial parent.

B. States and local education agencies shall facilitate the opportunity for the inclusion of transitioning children of military families in extracurricular activities, regardless of application deadlines, to the extent the children are otherwise qualified.

 

ARTICLE VII. GRADUATION

To facilitate the on time graduation of children of military families, states and local education agencies shall follow the following procedures:

A. Local education agency administrative officials shall

  • waive specific courses required for graduation if a student has satisfactorily completed similar course work in another local education agency.
  • If a local education agency does not grant a waiver to a student who would qualify to graduate from the sending school, the local education agency must provide reasonable justification for denial of the waiver and provide alternative means to acquire the required course work so the student may graduate on time.

B. A receiving state shall accept any of the following in place of testing requirements for graduation in the receiving state:

1. Exit or end of course exams required for graduation from the sending state.
2. National norm referenced achievement tests.
3. Alternative testing.
If a receiving state fails to accept an alternative listed in this paragraph for a student transferring during the student's senior year, paragraph C applies.

C. If a student who transfers at the beginning of the student's senior year is ineligible to graduate from the receiving local education agency after all alternatives under paragraph B have been considered,

  • the sending and receiving local education agencies 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.
  • If a sending or receiving state is not a member state, the state that is a member state shall use best efforts to facilitate the on time graduation of the student under paragraphs A and B.

Articles relating to the Commission and its function may be found in IC 20-38-8 through IC 20-38-13