Relates to an interstate compact on educational opportunity for military children

Summary of specific provisions

Section 1 defines the stated purpose of the Compact, aimed at removing barriers to the educational success of children of military families because of frequent moves and deployment of their parents. The Compact and the corresponding state law changes apply only to children from military families in transition.

Section 2 amends the § 1982 education law by adding a new article 40-B, which authorizes the state commissioner to participate in the interstate compact in educational opportunity.

§ 1983 amends the education law and defines key provisions in the Compact including "active duty," "children of military families," deployment," "education records," "extracurricular activities," "receiving state," "sending state," "state," student," "transition," "uniformed service," and "veteran."

§ 1984 amends the education law to redefine enrollment requirements for children of military families in transition.

Transfer of education records. The Compact directs a receiving New York state school to request education records from the school in the sending state. In the event that official records cannot be furnished, an unofficial copy may be used to enroll and place the student while official record are validated.

Immunizations. The Compact directs the commissioner to permit a student to start school, so long as immunization occurs within 30 days.

Grade and Course Placement. The Compact directs the commissioner to allow a student who has satisfactorily completed an appropriate grade level in the sending state to be placed in the next highest grade

level. Should the student enroll during the year, the student will be placed at the validated level from an accredited school in the sending state. The commissioner may waive or substitute course or prerequisites, in order to meet the requirements and policy goals of the Compact.

Extracurricular Activities. The state and school districts must facilitate the opportunity for inclusion in extracurricular activities, to the extent they are otherwise qualified, regardless of enrollment dates. Additional Excused Absences. The Compact allows the Commissioner to allow for additional excused absences, if approved by the school, to visit with a parent or legal guardian who is on leave from, or immediately returned from deployment to a combat zone, or who has been called for duty.

§ 1985 amends the education law to redefine graduation requirements for children of military families in transition.

Graduation. The Compact allows the commissioner to authorize course-waivers when similar coursework has been completed, to facilitate the on-time graduation of children of military families. Should a waiver not be appropriate, receiving school districts must provide alternative means of acquiring required coursework so that graduation occurs on time.

The Compact requires the commissioner to accept exit or end-of-course exams required for graduation from the sending state; national norm-referenced achievement tests; or alternative testing, in lieu of testing requirements for graduation in the receiving state. The commissioner is also directed to allow a student to use the sending state's graduation requirements, should a high school senior enter mid-year and be deemed ineligible for graduation after all alternatives have been considered.

Justification

Military families move between postings on a regular basis. While reassignments can often be a boon for career personnel, they often wreak havoc on the children of military families. Issues these children face include: losing and making new friends, adjusting to new cities and bases, and changing schools. While the armed services have taken great leaps to ease the transition of personnel, their spouses and most importantly children, much remains to be done at the state and local levels to ensure that the children of military families are afforded the same opportunities for educational success as other children and are not penalized or delayed in achieving their educational goals by inflexible administrative and bureaucratic practices.

The average military student faces transition challenges more than twice during high school, and most military children will have six to

nine different school systems in their lives from kindergarten to 12th grade. With more than half of all military personnel supporting families, the impacts of reassignment and long deployments are key considerations when making long-term life choices.

The new Interstate Compact on Educational Opportunity for Military Children addresses transitional challenges including transference of records; course sequencing; exclusion from extra-curricular activities; graduation requirements; redundant or missed entrance and exit testing; kindergarten and first great entrance age variations; the power of custodial parents while parents are deployed.

Prior legislative history

S.4834 of 2009-10 - Referred to Education

Fiscal implications for state and local governments

To be determined.

Effective date

Immediate.