PART 89—INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN Authority: 10 U.S.C. 2164, 20 U.S.C. 921-932. Source: 81 FR 92659, Dec. 20, 2016, unless otherwise noted. § 89.1 Purpose. In accordance with the sense of Congress as set forth in section 539 of Public Law 111-84, this part establishes policy, assigns responsibilities, and provides procedures to implement the Interstate Compact on Educational Opportunity for Military Children (referred to in this part as the “Compact”) within the DoD. § 89.2 Applicability. This part applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the DoD, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD. § 89.3 Definitions. These terms and their definitions are for the purposes of this part. 504 plan. Children of military families. (1) Are on active duty, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. 1211; (2) Are active duty or veterans who are severely wounded, ill, or injured; or (3) Die on active duty or as a result of injuries sustained on active duty; Children of military members who are severely wounded, ill, or injured retain this designation for 1 year after discharge or retirement. Deployment. DoDEA Committee. Education records. Ex-officio member of the Commission. Extracurricular activity. IEP. Interstate Compact on Education Opportunity for Military Children (the Compact). LEA. Member State. MIC3. Military Family Education Liaison. Military installation. Military representative as a liaison to a State Council. Military representative to the DoDEA Committee. Receiving State. SEA. Sending State. State. State Council. Transition. Veteran. § 89.4 Policy. In accordance with the sense of Congress as set forth in section 539 of Public Law 111-84, “National Defense Authorization Act for Fiscal Year 2010” and DoD 5500.07-R, “Joint Ethics Regulations (JER)” (available at http://www.dtic.mil/whs/directives/corres/pdf/550007r.pdf (a) Designating military liaisons, by position, to State Councils of member States, the DoDEA Committee, and the MIC3. (b) Implementing the intent of the Compact in the DoDEA to ensure: (1) Timely enrollment of children in school so they are not penalized due to: (i) Late or delayed transfers of education records from the previous school district(s); or (ii) Differences in entrance or age requirements. (2) Placement of children in educational courses and programs, including special educational services, so they are not penalized due to differences in attendance requirements, scheduling, sequencing, grading, or course content. (3) Flexible qualification and eligibility of children so they can have an equitable chance at participation in extracurricular, academic, athletic, and social activities. (4) Graduation within the same timeframe as the children's peers. (c) Promoting through DoDEA and the Military Departments: (1) Flexibility and cooperation among SEAs or LEAs, DoDEA, Military Departments, parents, and children to achieve educational success. (2) Coordination among the various State agencies, LEAs, and military installations regarding the State's participation in the Compact. § 89.5 Responsibilities. (a) Under the authority, direction, and control of the Under Secretary of Defense for Personnel and Readiness, the Assistant Secretary of Defense for Manpower and Reserve Affairs (ASD(M&RA)) oversees the implementation of this part. (b) Under the authority, direction, and control of the ASD(M&RA), the DASD(MC&FP): (1) Designates military representatives by position as liaisons to State councils, nominated by the Secretaries of the Military Departments by the procedures outlined in § 89.7 of this part. (2) Designates the DoD ex-officio member serving as a liaison to MIC3, insofar as DoD is invited to do so by MIC3. (3) Maintains a roster of designated liaisons to State councils in accordance with 32 CFR part 310. (4) Monitors issues arising under the Compact: (i) Affecting children of military families attending and transferring between member State schools; and (ii) The implementation of § 89.8 of this part, affecting children of military families transferring between member state schools and DoDEA's schools (consisting of the Department of Defense Schools (DoDDS)—Europe, DoDDS—Pacific, and DDESS. (c) Under the authority, direction, and control of ASD(M&RA), the Director, DoDEA: (1) To the extent allowable by 10 U.S.C. 2164 and 20 U.S.C. 921-932, adjusts operating policies and procedures issued pursuant to DoD Directive 1342.20, “Department of Defense Education Activity (DoDEA)” (available at http://www.dtic.mil/whs/directives/corres/pdf/134220p.pdf (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 http://www.dtic.mil/whs/directives/corres/pdf/134225p.pdf (3) Addresses disputes over provisions in § 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 § 89.8 of this part and to address issues raised by the Secretaries of the Military Departments concerning the implementation of these provisions. (5) Ensures all personally identifiable information is collected, maintained, disseminated, and used in accordance with 32 CFR part 310. (6) Ensures that DoDEA schools comply with § 89.8 and that DoDEA school-level officials inform DoDEA students transferring to schools in member States of the benefits extended by receiving States under the Compact. (d) The Secretaries of the Military Departments: (1) Nominate military representatives by position, in accordance with the procedures outlined in § 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 § 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 § 89.8 of this part. § 89.6 Procedures. DoD implements policy in this part by: (a) Establishing a committee within DoDEA (referred to in this part as the “DoDEA Committee”). (b) Designating military representatives by position to serve as liaisons to the State Councils of the member States and the DoDEA Committee in accordance with procedures in § 89.7. (c) Designating the ex-officio member to serve as a liaison to MIC3 in accordance with § 89.5 and § 89.7. (d) Ensuring DoDEA compliance with the selected provisions of the Compact described in § 89.8. § 89.7 Representatives to State Councils, the DoDEA Committee and MIC3. (a) Military Representatives designated by position as Liaisons to State Councils. (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. (ii) If included on State Council Web sites, all references to the representative by name or title must indicate that they are the “Military Representative” as opposed to a council member. (4) Notify the chain of command of issues requiring policy decisions or actions requested of the military community within the State. (5) When called upon to act as the spokesperson for one or more than one installation: (i) Get feedback from the designated points of contact at each military installation within his or her responsibility. (ii) Coordinate proposed input to the State Council with the appropriate points of contact for each military installation within his or her responsibility. (iii) Act as a conduit for information between the State Council and each military installation within his or her responsibility. (iv) Provide feedback through the chain of command to the points of contact for each military installation within his or her responsibility and, as appropriate, to the OASA(M&RA), the OASN(M&RA), or the OASAF(M&RA). (b) Nomination Process for Positions Designated as Liaisons to State Councils. Table 1—Process for Designating Liaison Positions to State Councils If State statute concerning military representatives provides for: The State Commissioner Who requests a selection be made by: Whereupon the official written designation is made by: One representative for all military children in the State DASD(MC&FP) OASA(M&RA), OASN(M&RA), or OASAF(M&RA) responsible for providing a representative for the State listed in Table 2 DASD(MC&FP). One representative for each Military Service DASD(MC&FP) OASA(M&RA), OASN(M&RA), and OASAF(M&RA) DASD(MC&FP). One representative for each military installation in the State DASD(MC&FP) OASA(M&RA), OASN(M&RA) and OASAF(M&RA) DASD(MC&FP). (2) When there is more than one military representative to a State Council ( e.g., (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 of designating the position which the individual encumbers. If that Military Department is different from the one designated in Table 2, the DASD(MC&FP) will first obtain the concurrence of the responsible Military Department. (4) In accordance with the Compact, State officials appoint or designate the Military Family Education Liaison for the State. Service members and DoD civilians cannot be appointed or designated to fill this position for the State. Table 2—Military Department Areas of Authority for Selecting a Single Military Representative Position To Serve as a Liaison to the State Council Military department Areas of Authority Army Alabama, Alaska, Colorado, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, New York, Oklahoma, Pennsylvania, South Carolina, Texas, Vermont, Washington, West Virginia, Wisconsin. Navy American Samoa, California, Connecticut, District of Columbia, Florida, Guam, Maine, Mississippi, New Hampshire, North Carolina, Northern Marianas, Oregon, Puerto Rico, Rhode Island, Tennessee, Virginia, Virgin Islands. Air Force Arizona, Arkansas, Delaware, Idaho, Illinois, Massachusetts, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Ohio, South Dakota, Utah, Wyoming. (c) Military Representative to the DoDEA Committee. (d) Ex-Officio Member Serving as a Liaison to MIC3. (1) Be a military member or a civilian employee of DoD who can remain in the position for at least 2 years and who has a direct interface with DoDEA and the U.S. public education system as part of official duties or has supervisory responsibility for those who do. (2) Attend as a liaison meetings of MIC3, its Executive Committee, and other standing committees where requested by the Commission. (3) Only represent DoD interests (not the interests of MIC3), and consequently may not: (i) Engage in management or control of MIC3 (therefore, may not vote or make decisions on daily administration of MIC3); (ii) Endorse or allow the appearance of DoD endorsement of MIC3, or its events, products, services, or enterprises; (iii) Represent the Commission to third parties; or (iv) Represent MIC3 to the U.S. Government, as prohibited by criminal statutes. (4) Make clear to MIC3 that: (i) The opinions expressed by the incumbent do not bind DoD or any DoD Component to any action. (ii) If included on MIC3 Web sites, all references to the incumbent by name or title must indicate that they are the “DoD Ex-Officio Member” as opposed to a MIC3 member. (5) Notify the chain of command of issues requiring policy decisions or actions requested of DoD. § 89.8 Compact provisions. (a) DoDEA Area School Districts Relationship With SEAs or LEAs in Member States. (1) For the purposes of DoD's implementation of the Compact in the schools it operates, DoDEA's area offices (DoDDS—Europe, DoDDS—Pacific, and DDESS) and their schools are considered as the equivalent of LEAs and SEAs, respectively. (2) Each DoDEA area acts as the “receiving LEA” and “sending LEA” in working with LEAs or SEAs in member States. (b) Articles IV Through VII of the Compact. (1) Article IV: Education Records and Enrollment Unofficial or “Hand-Carried” 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. (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. (B) For a series of immunizations, parents must begin initial vaccinations of their child(ren) within 30 days. (iv) Entrance age. i.e., (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 ( 2 ( 3 ( 4 (2) Article V: Placement and Attendance Course placement. (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. (B) The receiving State school may perform subsequent evaluations to ensure the child's appropriate educational program placement. (iii) Special Education Services. (B) DoDEA, acting as the receiving LEA, will make reasonable accommodations and modifications to address the needs of incoming children with disabilities, in compliance with the requirements of 29 U.S.C. 794 and Executive Order 13160, and subject to an existing 504 plan to provide the child with equal access to education. (iv) Placement Flexibility. (v) Absences Related to Deployment Activities. (3) Article VI: Eligibility for enrollment. Eligibility in DoDEA Schools. (ii) Eligibility for extracurricular participation. (4) Article VII: Graduation. (i) Waiver requirements. (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. ( 1 ( 2 ( 3 (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. (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.