81 FR 11698 - Interstate Compact on Educational Opportunity for Military Children

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 44 (March 7, 2016)

Page Range		11698-11706
FR Document		2016-04970

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

Federal Register, Volume 81 Issue 44 (Monday, March 7, 2016)

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Proposed Rules]
[Pages 11698-11706]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-04970]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 89

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

Interstate Compact on Educational Opportunity for Military
Children

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

ACTION: Proposed rule.

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

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

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

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

SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose of This Rulemaking

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

Enrollment

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

Placement and Attendance

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

[[Page 11699]]

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

Eligibility

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

Graduation

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

II. Narrative Description of Legal Authorities for This Rule

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

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

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

[[Page 11700]]

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

IV. Cost and Benefit Analysis

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

[[Page 11701]]

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

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

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

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

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

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

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

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

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

Executive Order 13132, ``Federalism''

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

List of Subjects in 32 CFR Part 89

Children, Education, Interstate compact.

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

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

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

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

Sec. 89.1 Purpose.

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

Sec. 89.2 Applicability.

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

Sec. 89.3 Definitions.

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

[[Page 11702]]

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

Sec. 89.4 Policy.

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

[[Page 11703]]

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

Sec. 89.5 Responsibilities.

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

Sec. 89.6 Procedures.

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

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

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

[[Page 11704]]

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

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

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

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

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

[[Page 11705]]

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

Sec. 89.8 Compact provisions.

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

[[Page 11706]]

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

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

Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 11699

placement to ensure it is appropriate, Graduation entire school system, outside of the
but the school may not put children into School transitions can be especially authority given to the School Boards
‘‘holding classes’’ while they await challenging for high school students. selected to oversee these schools.
assessment. The receiving school may (2) 20 U.S. Code—Education, Chapter
The compact requires school districts to
allow the student to attend similar 25A—Overseas Defense Dependents’
make the following accommodations to
education courses in other schools Education § 921—Defense Dependents’
facilitate on-time graduation:
within the district if the receiving Education System, and § 932—
• Course waivers. School districts in
school does not offer such courses. Definitions. This citation provides the
member states may waive courses
scope of the authority of the Secretary
• Special education services. required for graduation if similar
of Defense to define programs and
Students covered by the Individuals coursework has been completed in
activities to provide a free public
with Disabilities Education Act receive another school. Such waivers are not
education through secondary school for
the same services (although not mandatory under the compact, but a dependents in overseas areas.
necessarily identical programs) school district must show reasonable
identified in the individual education justification to deny a waiver. III. Summary of the Major Focus Points
plan from the sending state. This is a • Exit exams. Under the compact, a of This Rulemaking
parallel requirement under federal law. school district may accept the sending The major provisions of this
• Placement flexibility. School state’s exit exams, achievement tests or regulatory action include designating
districts are encouraged to determine if other tests required for graduation DoD liaisons to State Councils of
instead of requiring the student to meet member states of the Compact,
course or program prerequisites can be
the testing requirements of the receiving designating the DoD ex-officio member
waived for students who have
state. States have flexibility to to the Compact Commission,
completed similar coursework in the
determine what tests they will accept or implementing the relevant school
sending school district. This process
require the student to take. transition policies established in the
allows students to take advanced
• Transfers during senior year. If a Compact within the DoDEA school
courses rather than repeat similar basic
student moves during the senior year system, and establishing a committee
courses.
and the receiving state is unable to make within DoDEA to advise on compliance
• Absence related to deployment the necessary accommodations for by DoDEA school.
activities. Students in member states required courses and exit exams, the (1) As required by the Compact, states
may request additional, excused two school districts must work together establish Councils to oversee the
absences to visit with their parent or to obtain a diploma from the sending implementation of the Compact within
legal guardian immediately before, school so the student can graduate on the state. The Compact prescribes
during and after deployment. Schools time. membership of the State Council, which
have flexibility in approving absences if The compact does not address the may include a representative from the
there are competing circumstances such quality of education or require a state to military community within the state.
as state testing or if the student already change any of its standards or education Since this individual represents the
has excessive absences. criteria. The Military Interstate interests of the military community to
Children’s Compact Commission (MIC3) the State Council, the military
Eligibility
has created a variety of downloadable representative can only fulfill a liaison
The compact asks school districts in brochures, webinars and other resources role on the Council and must be
member states to examine their rules for to help parents and educators learn designated by DoD. This rule defines the
eligibility to allow children of military more about the Compact—See more at: role for the military representative
parents to have the continuity they http://www.mic3.net. (§ 89.7(a)), along with the process
need. If a family has a concern about a (§ 89.7(b)) for coordinating the requests
provision of the compact as it relates to from State Commissioners and
• Enrollment. When a child of a a child, it’s best to contact the school designating these military
deployed parent is staying with a non- first. Each installation has a school representatives.
custodial parent, a relative or a friend liaison to help work with schools to get (2) The Compact allows DoD to send
who is officially acting in place of the questions answered or to provide an ex-officio representative to the
parents and lives outside of the home information on next steps to take if Commission meetings, and also requires
school district, the child may continue concerns cannot be successfully the DoD ex-officio representative to
to attend his or her own school as long resolved. participate on the Executive Committee
as the care provider ensures
of the Commission. This rule provides
transportation to school. The compact II. Narrative Description of Legal
guidelines for the DoD ex-officio
also stipulates that a power of attorney Authorities for This Rule
representative (§ 89.7(d)).
for guardianship is sufficient for The legal authorities for this rule (3) This rule establishes policies for
enrollment and all other actions clarify the definition of children in DoDEA governing the transition of
requiring parental participation or military families covered by this rule, school age children in military families
consent. cover the protections afforded these (§ 89.8 of this rule), which are
• Extracurricular participation. When children, and provide the authority for equivalent to the following policies
children transfer to a new school, their establishing the policies included in included in the Compact: Article IV—
mstockstill on DSK4VPTVN1PROD with PROPOSALS

participation in extracurricular this rule for the DoD Education Activity: records and enrollment, Article V—
activities is facilitated—provided (1) 10 U.S. Code 2164—Department of placement and attendance, Article VI—
they’re eligible—even if application Defense Domestic Dependent eligibility for enrollment, and Article
deadlines and tryouts have passed. Elementary and Secondary Schools. VII—graduation.
Schools must make reasonable This citation states the Secretary of (4) This rule establishes a committee
accommodations but are not required to Defense may issue directives that the to advise DoDEA on compliance with
hold spaces open for military-related Secretary considers necessary for the provisions in § 89.8. The DoDEA
transferees. effective operation of the school or the Committee also provides input to the

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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 11701

their recommendations came from work governments, nor will it affect private (referred to in this part as the
that had previously been presented in sector costs. ‘‘Compact’’) within the DoD.
studies, such as the Military Child
Public Law 96–354, ‘‘Regulatory § 89.2 Applicability.
Education Coalition’s Secondary
Flexibility Act’’ (5 U.S.C. 601) This part applies to the Office of the
Education Transition Study, conducted
for the U.S. Army in 2001, and the The Department of Defense certifies Secretary of Defense, the Military
subsequent Memoranda of Agreement that this rule is not subject to the Departments, the Office of the Chairman
signed by nine school districts which Regulatory Flexibility Act (5 U.S.C. 601) of the Joint Chiefs of Staff and the Joint
addressed ‘‘the timely transfer of because it would not, if promulgated, Staff, the Combatant Commands, the
records, systems to ease student have a significant economic impact on Office of the Inspector General of the
transition during the first 2 weeks of a substantial number of small entities. Department of Defense, the Defense
enrollment, practices that foster access Therefore, the Regulatory Flexibility Agencies, the DoD Field Activities, and
to extracurricular programs, procedures Act, as amended, does not require us to all other organizational entities within
to lessen the adverse impact of moves of prepare a regulatory flexibility analysis. the DoD.
juniors and seniors, [and] variations in Public Law 96–511, ‘‘Paperwork § 89.3 Definitions.
school calendars and schedules,’’ among Reduction Act’’ (44 U.S.C. Chapter 35) These terms and their definitions are
other recommendations.14
This rule does not impose reporting for the purposes of this part.
Regulatory Analysis and record keeping requirements under 504 plan. A plan required pursuant to
the Paperwork Reduction Act of 1995. 29 U.S.C. 794 specifying the
Executive Order 12866, ‘‘Regulatory
modifications and accommodations for
Planning and Review’’ and Executive Executive Order 13132, ‘‘Federalism’’ a child with a disability to meet the
Order 13563, ‘‘Improving Regulation
This rule was analyzed in accordance individual educational needs of that
and Regulatory Review’’
with the principles and criteria child as adequately as the needs of
Executive Orders 13563 and 12866 contained in Executive Order 13132 children without disabilities are met.
direct agencies to assess all costs and (‘‘Federalism’’). It has been determined The plans can include accommodations
benefits of available regulatory that it does not have sufficient such as wheelchair ramps, blood sugar
alternatives and, if regulation is Federalism implications to warrant the monitoring, an extra set of textbooks, a
necessary, to select regulatory preparation of a Federalism summary peanut-free lunch environment, home
approaches that maximize net benefits impact statement. This rule has no instruction, or a tape recorder or
(including potential economic, substantial effect on the States, or on the keyboard for taking notes.
environmental, public health and safety current Federal-State relationship, or on Children of military families. School-
effects, distributive impacts, and the current distribution of power and aged children who are enrolled in
equity). Executive Order 13563 responsibilities among the various local kindergarten through twelfth grade and
emphasizes the importance of officials. Nothing in this rule preempts are in the households of Service
quantifying both costs and benefits, any State law or regulation. Therefore, members who:
reducing costs, harmonizing rules, and DoD did not consult with State and (1) Are on active duty, including
promoting flexibility. This rule has been local officials because it was not members of the National Guard and
determined to be a significant regulatory necessary. Reserve on active duty orders pursuant
action, although not economically to 10 U.S.C. 1211;
significant, under section 3(f) of List of Subjects in 32 CFR Part 89 (2) Are active duty or veterans who
Executive Order 12866. Accordingly, Children, Education, Interstate are severely wounded, ill, or injured; or
the rule has been reviewed by the Office compact. (3) Die on active duty or as a result
of Management and Budget (OMB). Accordingly 32 CFR part 89 is of injuries sustained on active duty.
proposed to be added to read as follows: (4) Children of military members who
Sec. 202, Pub. L. 104–4, ‘‘Unfunded are severely wounded, ill, or injured
Mandates Reform Act’’ retain this designation for 1 year after
PART 89—INTERSTATE COMPACT ON
Section 202 of the Unfunded EDUCATIONAL OPPORTUNITY FOR discharge or retirement. Children of
Mandates Reform Act of 1995 (UMRA) MILITARY CHILDREN military members who die on active
(Pub. L. 104–4) requires agencies assess duty or as a result of injuries sustained
anticipated costs and benefits before Sec. on active duty, retain this designation
issuing any rule whose mandates 89.1 Purpose. for 1 year after death.
require spending in any 1 year of $100 89.2 Applicability. Deployment. The period 1 month
89.3 Definitions.
million in 1995 dollars, updated prior to the military members’ departure
89.4 Policy.
annually for inflation. In 2014, that 89.5 Responsibilities. from their home station on military
threshold is approximately $141 89.6 Procedures. orders through 6 months after return to
million. This rule will not mandate any 89.7 Representatives to State Councils, the their home station.
requirements for State, local, or tribal DoDEA Committee and MIC3. Department of Defense Education
89.8 Compact provisions. Activity (DoDEA) Committee. A DoD
National School Superintendents Association Authority: 10 U.S.C. 2164, 20 U.S.C. 921– committee established pursuant to this
(Local School Superintendent); National Education part by Director of DoDEA to advise
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932.
Association; Military Impacted Schools DoDEA on compliance with provisions
Association; Maryland Department of Education; § 89.1 Purpose.
Ofc of the Under Secretary of Defense; California in § 89.8 by DoDEA schools. The DoDEA
Department of Education; Nevada State Senator; In accordance with section 539 of Committee also provides input to the
and the Florida Department of Education; Public Law 111–84, this part establishes ex-officio member of the Commission on
Education Commission of the States. policy, assigns responsibilities, and issues arising from DoDEA school
14 Kathleen F. Berg, ‘‘Easing Transitions of

Military Dependents into Hawaii Public Schools: An
provides procedures to implement the interactions with member States of the
Invitational Education Link,’’ Journal of Invitational Interstate Compact on Educational Compact, and acts as a counterpart to
Theory and Practice Volume 14, 2008, page 44. Opportunity for Military Children State Councils of member States.

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11702 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules

Education records. Those official Member State. A State that has basis and appointed by the
records, files, and data directly related enacted the Compact. DASD(MC&FP) for a 2-year term.
to a child and maintained by the school Military Interstate Children’s Compact Because DoDEA is a DoD Component
or local educational agency (LEA) or Commission (MIC3). The MIC3, also the military representative may act as a
state educational agency (SEA), known as the Interstate Commission on full participant in the DoDEA
including but not limited to, records Educational Opportunity for Military Committee.
encompassing all the material kept in Children (sometimes referred to as the Receiving State. The State to which a
the child’s cumulative folder such as ‘‘Interstate Commission’’ or ‘‘the child of a military family is sent,
general identifying data, records of Commission’’), is the governing body of brought, or caused to be sent or brought.
attendance and of academic work the Compact composed of SEA. A public authority similar to an
completed, records of achievement and representatives from each member State, LEA, legally constituted by the State as
results of evaluative tests, health data, as well as various ex-officio members. an administrative agency to provide
disciplinary status, test protocols, and The Commission provides general control of and direction for kindergarten
individualized education programs oversight of the agreement, creates and through twelfth grade public
(IEPs). enforces rules governing the Compact, educational institutions for the entire
Ex-officio member of the Commission. and promotes training and compliance State.
Non-voting member of the Commission with the Compact. Each member State Sending State. The State from which
who may include, but not be limited to, will be allowed one vote on Compact a child of a military family is sent,
members of the representative matters, and the Commission will brought, or caused to be sent or brought.
organizations of military family provide the venue for solving interstate State. State of the United States, the
advocates, LEA officials, parent and issues and disputes. District of Columbia, the
teacher groups, the DoD, the Education Military Family Education Liaison. Commonwealth of Puerto Rico, the U.S.
Commission of the State, the Interstate Individual appointed or designated by Virgin Islands, Guam, American Samoa,
Agreement on the Qualification of State Council of each member state to the Northern Marianas Islands and any
Educational Personnel, and other assist military families and the State in other U.S. territory or possession. For
interstate compacts affecting the facilitating the implementation of the purposes of administering the
education of children of military Compact. Military members and DoD provisions of the Compact in § 89.8 of
civilian employees cannot perform this this part, DoD is considered a State and
members.
function. DoDEA is considered the equivalent of
Extracurricular activity. A voluntary Military installation. A base, camp,
activity sponsored by the school or LEA a State department of education for
post, station, yard, center, homeport DoD.
or SEA or an organization sanctioned by facility for any ship, or other activity
the LEA or SEA. Extracurricular State Council. A body that
under DoD jurisdiction, including any coordinates among government
activities include but are not limited to leased facility. (This term does not
preparation for and involvement in agencies, LEAs, and military
include any facility used primarily for installations concerning the member
public performances, contests, athletic civil works, rivers and harbors projects,
competitions, demonstrations, displays, State’s participation in and compliance
or flood control projects.) with the Compact and the Commission
and club activities. Military representative to a State
IEP. When a child is identified as a activities. A member State may
Council. Individual designated by the determine the membership of its own
child with disabilities in accordance Deputy Assistant Secretary of Defense
with Individuals With Disabilities Council, but membership must include
for Military Community and Family at least: The State superintendent of
Education Act (IDEA), he or she must Policy (DASD(MC&FP)) to perform the
have a written document that describes education; superintendent of a school
duties and responsibilities defined in district with a high concentration of
the special education supports and § 89.5 of this part. The military
services the child will receive. The IEP military children; representative (as a
representative is responsible for liaison) from a military installation; one
is developed by a team that includes the representing the interest of the DoD in
child’s parents and school staff. representative each from the legislative
fostering easier transition of children of and executive branches of State
Interstate Compact on Education military families according to their government; and other offices and
Opportunity for Military Children (the designation (installation representative, stakeholder groups the State Council
Compact). An agreement approved Military Department representative or deems appropriate.
through State legislation that requires statewide representative). The military Transition.
member States to follow provisions representative will be a military member (1) The formal and physical process of
supporting the transition of children of or DoD civilian who can remain in the transferring from school to school; or
military families between school position for at least 2 years and who has (2) The period of time in which a
systems in member States. As part of a direct interface with the State child moves from a school in the
joining the Compact, States agree to education system as part of official sending State to a school in the
participate in the Commission and pay duties or has supervisory responsibility receiving State.
dues to the Commission to support its for those who do. Veteran. A person who served in the
oversight of the Compact. Military representative to the DoDEA military and who was discharged or
LEA. A public authority legally Committee. Individual nominated to released from the military under
constituted by the State as an represent all four Services by the Office
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conditions other than dishonorable.
administrative agency to provide control of the Assistant Secretary of the Army
of and direction for kindergarten for Manpower and Reserve Affairs § 89.4 Policy.
through twelfth grade public (OASA(M&RA)), Office of the Assistant In accordance with Section 539 of
educational institutions. For the Secretary of the Navy for Manpower and Public Law 111–84, ‘‘National Defense
purpose of administering the provisions Reserve Affairs (OASN(M&RA)), or Authorization Act for Fiscal Year 2010’’
of the Compact in § 89.8 of this part, Office of the Assistant Secretary of the and DoD 5500.07–R, ‘‘Joint Ethics
DoDEA school districts as defined in 20 Air Force for Manpower and Reserve Regulations (JER)’’ (available at http://
U.S.C. 932 are equivalent to an LEA. Affairs (OASAF(M&RA)) on a rotational www.dtic.mil/whs/directives/corres/pdf/

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11704 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules

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

TABLE 1—PROCESS FOR DESIGNATING MILITARY REPRESENTATIVES TO STATE COUNCILS
Whereupon the official
If State statute concerning military The State Commissioner Who requests a selection be made by: written designation is
representatives provides for: contacts: made by:

One representative for all military children DASD(MC&FP) .................. OASA(M&RA), OASN(M&RA), or DASD(MC&FP).
in the State. OASAF(M&RA) responsible for pro-
viding a representative for the State
listed in Table 2.
One representative for each Military Serv- DASD(MC&FP) .................. OASA(M&RA), OASN(M&RA), and DASD(MC&FP).
ice. OASAF(M&RA).
One representative for each military in- DASD(MC&FP) .................. OASA(M&RA), OASN(M&RA) and DASD(MC&FP).
stallation in the State. OASAF(M&RA).

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

TABLE 2—MILITARY DEPARTMENT AREAS OF AUTHORITY FOR SELECTING A SINGLE MILITARY REPRESENTATIVE FOR THE
STATE COUNCIL
Military Areas of authority
Department

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

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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 11705

(i) Engage in management or control (B) Upon receipt of the unofficial or SEA to establish eligibility under the
of MIC3 (therefore, may not vote or education records, the DoDEA school, as Compact.
make decisions on daily administration the school in the receiving LEA shall (2) An official letter or transcript from
of MIC3); enroll and appropriately place the child the sending school authority that shows
(ii) Endorse or allow the appearance as quickly as possible based on the the student’s record of attendance,
of DoD endorsement of MIC3, or its information in the unofficial records, academic information, and grade
events, products, services, or pending validation by the official placement.
enterprises; records. (3) Evidence of immunization against
(iii) Represent the Commission to (ii) Official Education Records or communicable diseases.
third parties; or Transcripts (4) Evidence of date of birth.
(iv) Represent MIC3 to the U.S. (A) The DoDEA school, acting as the (2) Article V: Placement and
Government, as prohibited by criminal receiving LEA shall request the child’s Attendance
statutes. official education record from the (i) Course Placement
(4) Make clear to MIC3 that: school in the sending State at the same (A) As long as the course is offered by
(i) The opinions expressed by the time as DoDEA school enrolls and DoDEA, as the receiving LEA, it shall
incumbent do not bind DoD or any DoD conditionally places the child. honor placement of a transfer student in
Component to any action. (B) Upon receipt of the request for a courses based on the child’s placement
(ii) If included on MIC3 Web sites, all child’s records, the school in DoDEA, or educational assessment in the
references to the incumbent by name or acting as the sending LEA will provide sending State school.
title must indicate that they are the the child’s official education records to (B) Course placement includes, but is
‘‘DoD Ex-Officio Member’’ as opposed to the school in the receiving State, within not limited to, Honors, International
a MIC3 member. 10 work days. If there is a designated Baccalaureate, Advanced Placement,
(5) Notify the chain of command of vocational, technical, and career
school staff break, records will be
issues requiring policy decisions or pathways courses.
provided as soon as possible; however,
actions requested of DoD. (C) Continuing the child’s academic
the time will not exceed 10 work days
§ 89.8 Compact provisions. after the return of staff. DoDEA will program from the previous school and
(a) DoDEA Area School Districts initiate actions to meet these deadlines promoting placement in academically
Relationship With SEAs or LEAs in without violating the disclosure rules of and career challenging courses shall be
Member States. the Privacy Act, 5 U.S.C. 552a. a primary consideration when DoDEA
(1) For the purposes of DoD’s (iii) Immunizations considers the placement of a
implementation of the Compact in the (A) Parents have 30 days from the transferring child.
schools it operates, DoDEA’s area offices date of enrolling their child in a DoDEA (D) DoDEA, acting as the receiving
(Department of Defense Dependent school to have their child(ren) LEA, may perform subsequent
Schools—Europe, Department of immunized in accordance with evaluations to ensure the child’s
Defense Dependent Schools—Pacific, DoDEA’s immunization requirements, appropriate course placement.
and the Domestic Dependent as the receiving LEA. (ii) Educational Program Placement
Elementary and Secondary Schools) and (B) For a series of immunizations, (A) As long as the program is offered
their schools are considered as the parents must begin initial vaccinations by DoDEA, acting as a receiving LEA, it
equivalent of LEAs and SEAs, of their child(ren) within 30 days. will honor placement of the child in
respectively. (iv) Entrance Age educational programs based on current
(2) Each DoDEA area acts as the (A) At the time of transition and educational assessments and placement
‘‘receiving LEA’’ and ‘‘sending LEA’’ in regardless of the age of the child, the in like programs in the sending State.
working with LEAs or SEAs in member DoDEA school, acting as the receiving Such programs include, but are not
States. LEA, shall enroll the transitioning child- limited to, gifted and talented programs
(b) Articles IV Through VII of the at the -grade level—as the child’s grade and English language learners.
Compact. This section describes the level (i.e. in kindergarten through grade (B) The receiving State school may
specific duties that DoDEA’s LEAs have 12) in the sending state’s LEA. perform subsequent evaluations to
as ‘‘sending’’ or ‘‘receiving’’ LEAs. (B) A child who has satisfactorily ensure the child’s appropriate
DoDEA’s duties under this section will completed the prerequisite grade level educational program placement.
reciprocate the duties assumed by in the sending state’s LEA will be (iii) Special Education Services
member State LEAs or SEAs to children eligible for enrollment in the next (A) DoDEA, acting as the receiving
of military families, as expressed by higher grade level in DoDEA school, LEA, will initially provide comparable
their respective State’s implementation acting as the receiving LEA, regardless services to a child with disabilities
of the Compact Articles IV through VII. of the child’s age. based on his or her current IEP in
DoDEA will implement the provisions (C) To be admitted to a school in the compliance with 20 U.S.C. chapter 33,
described below, which, while retaining receiving State, the parent or guardian also known and referred to in this part
the intent of the Compact, have been of a child transferring from a DoDEA as the ‘‘Individuals with Disabilities
modified as needed in the DoDEA (sending) LEA must provide: Education Act (IDEA),’’ as amended,
context. (1) Official military orders showing and the requirements of Executive Order
(1) Article IV: Education Records and the military member or the member’s 13160. DoDEA may perform subsequent
spouse was assigned to the sending evaluations to ensure the child’s
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Enrollment
(i) Unofficial or ‘‘Hand-Carried’’ State or commuting area of the State in appropriate placement consistent with
Education Records which the child was previously IDEA.
(A) If official education records enrolled. If the child was residing with (B) DoDEA, acting as the receiving
cannot be released to the parents for a guardian other than the military LEA, will make reasonable
transfer, the DoDEA custodian of the member during the previous enrollment, accommodations and modifications to
records, as the sending LEA shall proof of guardianship (as specified in address the needs of incoming children
provide to the parent a complete set of the Compact) should be provided by the with disabilities, in compliance with the
unofficial education records. parent or guardian to the receiving LEA requirements of 29 U.S.C. 794 and E.O.

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11706 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules

13160, and subject to an existing 504 (B) If the alternatives in paragraph producing separate proposed rules for
plan to provide the child with equal (b)(2)(i) of this section cannot be each individual recurring safety zone
access to education. accommodated by DoDEA as the and serves to provide notice of the
(iv) Placement Flexibility. DoDEA’s receiving LEA for a child transferring in known recurring safety zones
administrative officials must have his or her senior year, then the throughout the year.
flexibility in waiving course or program provisions of paragraph (b)(1)(iv)(C) of DATES: Comments and related material
prerequisites or other preconditions for this section will apply. must be received by the Coast Guard on
placement in courses or programs (iii) Transfers During Senior Year or before June 6, 2016.
offered under the jurisdiction of DoDEA. (A) If a child transferring at the ADDRESSES: You may submit comments
(v) Absences Related to Deployment beginning or during his or her senior identified by docket number USCG–
Activities. A child whose parent or legal year is ineligible to graduate from 2015–1029 using the Federal
guardian is an active duty Service DoDEA, as the receiving LEA, after all eRulemaking Portal at http://
member and has been called to duty for, alternatives have been considered, www.regulations.gov. See the ‘‘Public
is on leave from, or has immediately DoDEA will request a diploma from the Participation and Request for
returned from deployment to a combat sending LEA or SEA. DoDEA will Comments’’ portion of the
zone or combat support posting, will be ensure the receipt of a diploma from the SUPPLEMENTARY INFORMATION section for
granted additional excused absences sending LEA or SEA, if the child meets further instructions on submitting
under governing DoDEA rules. the graduation requirements of the comments.
(3) Article VI: Eligibility for sending LEA or SEA.
Enrollment (B) If one of the States in question is FOR FURTHER INFORMATION CONTACT: If
(i) Eligibility in DoDEA Schools. not a member of this Compact, DoDEA, you have questions on this proposed
Eligibility of dependents of military as a receiving state, will use best efforts rule, call or email Petty Officer James
members is governed by the laws in 10 to facilitate a transferring child’s on- Robinson, Sector Ohio Valley, U.S.
U.S.C. 2164 and their implementing time graduation in accordance with Coast Guard; telephone (502) 779–5347,
regulations. Only children who are paragraphs (b)(1)(iv)(A) and (b)(1)(iv)(B) email James.C.Robinson@uscg.mil.
eligible to attend DoDEA schools may of this section. SUPPLEMENTARY INFORMATION:
do so, regardless of their transition Dated: March 2, 2016. I. Table of Abbreviations
status. Aaron Siegel,
(ii) Eligibility for Extracurricular CFR Code of Federal Regulations
Alternate OSD Federal Register Liaison DHS Department of Homeland Security
Participation. DoDEA, acting as the Officer, Department of Defense. E.O. Executive order
receiving LEA, will facilitate the FR Federal Register
[FR Doc. 2016–04970 Filed 3–4–16; 8:45 am]
opportunity for transitioning children’s NPRM Notice of proposed rulemaking
BILLING CODE 5001–06–P
inclusion in extracurricular activities, Pub. L. Public Law
regardless of application deadlines, to § Section
the extent the children are otherwise U.S.C. United States Code
qualified. DEPARTMENT OF HOMELAND
SECURITY II. Background, Purpose, and Legal
(4) Article VII: Graduation. To
Basis
facilitate the child’s on-time graduation,
DoDEA will incorporate the following Coast Guard The legal basis for the rule is 33
procedures: U.S.C. 1231; 50 U.S.C. 191; 33 CFR
(i) Waiver Requirements 33 CFR Part 165 1.05–1, 6.04–1, 6.04–6, and 160.5; and
(A) DoDEA administrative officials [Docket Number USCG–2015–1029] Department of Homeland Security
will waive specific courses required for Delegation No. 0170.1, which
RIN 1625–AA00 collectively authorize the Coast Guard
graduation if similar course work has
been satisfactorily completed in another to define regulatory safety zones.
Safety Zones; Coast Guard Sector The Captain of the Port (COTP) Ohio
LEA or provide reasonable justification Ohio Valley Annual and Recurring
for denial. Valley is proposing to establish, amend,
Safety Zones Update and update its current list of recurring
(B) If DoDEA, as a receiving LEA, does
not grant a waiver to a child who would AGENCY: Coast Guard, DHS. safety zone regulations.
qualify to graduate from the sending ACTION: Notice of proposed rulemaking. These safety zones are proposed to be
school, DoDEA will provide an added, amended, and updated to the list
alternative means of acquiring required SUMMARY: The Coast Guard proposes to of annually recurring safety zones under
coursework so that graduation may amend and update its list of recurring 33 CFR 165.801 in Table no. 1 for
occur on time. safety zone regulations that take place in annual safety zones in the COTP Ohio
(C) If DoDEA, as the receiving LEA, the Coast Guard Sector Ohio Valley area Valley zone. The Coast Guard will
requires a graduation project, volunteer of responsibility (AOR). This notice address all comments accordingly,
community service hours, or other informs the public of regularly whether through response, additional
DoDEA specific requirement, DoDEA scheduled events that require additional revision to the regulation, or otherwise.
may waive those requirements. safety measures through establishing a Additionally, these recurring events are
(ii) Exit Exams safety zone. Through this notice the provided to the public through local
current list of recurring safety zones is avenues and planned by the local
mstockstill on DSK4VPTVN1PROD with PROPOSALS

(A) DoDEA, as a receiving LEA, must:
(1) Accept exit or end-of-course exams proposed to be updated with revisions, communities.
required for graduation from the additional events, and removal of events The current list of annual and
sending State. that no longer take place in Sector Ohio recurring safety zones occurring in
(2) Accept national norm-referenced Valley’s AOR. When these safety zones Sector Ohio Valley’s AOR is published
achievement tests. are enforced, vessel traffic is restricted under 33 CFR part 165.801. That most
(3) Provide alternative testing in lieu from specified areas. Additionally, this recent list was created August 18, 2015
of testing requirements for graduation in one proposed rulemaking project through the rulemaking 80 FR 49911,
the receiving from a DoDEA school. reduces administrative costs involved in which finalized the interim rule

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Document Created: 2018-02-02 15:07:37
Document Modified: 2018-02-02 15:07:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received by May 6, 2016.
Contact		Marcus Beauregard, 571-372-5357.
FR Citation		81 FR 11698
RIN Number		0790-AJ33
CFR Associated		Children; Education and Interstate Compact

81 FR 11698 - Interstate Compact on Educational Opportunity for Military Children

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 81, Issue 44 (March 7, 2016)

DEPARTMENT OF DEFENSE
Office of the Secretary