Authorizes the commissioner of education to participate in an interstate compact on educational opportunity for military children and to establish requirements to remove barriers imposed on children who are displaced due to a parent's military deployment or service.

---

S1739-2011 Actions

• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 12, 2011: REFERRED TO EDUCATION

S1739-2011 Memo

BILL NUMBER:S1739

TITLE OF BILL:

An act
to amend the education law, in relation to an interstate
compact on
educational opportunity for military children

PURPOSE OR GENERAL IDEA OF BILL:

This bill would authorize the education commissioner to join the
interstate compact on educational opportunity for military children.
This compact aims to remove barriers to educational success imposed
on children of military families because of frequent moves and
deployment of their parents. At least 10 states have enacted the
compact into law.

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.

S1739-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1739

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 12, 2011
                                 ___________

  Introduced  by  Sens. GOLDEN, DeFRANCISCO, LAVALLE, LITTLE -- read twice
    and ordered printed, and when printed to be committed to the Committee
    on Education

  AN ACT to amend the education law, in relation to an interstate  compact
    on educational opportunity for military children

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
  declares  that  military  families  are reassigned postings on a regular
  basis, with the result that most military children will have six to nine
  different school systems in their lives from kindergarten to 12th grade;
  and further finds that such reassignments can result in transition chal-
  lenges for these children who must start their lives over in new  cities
  and  bases,  changing  homes,  schools,  friends, and relationships. The
  legislature further finds and declares that it is a  matter  of  equity,
  fairness, and in every sense in the public interest to provide the chil-
  dren  of military families opportunities for educational success, and to
  assure that they are not penalized or delayed in achieving their  educa-
  tional goals by inflexible state processes and procedures.
    S 2. The education law is amended by adding a new article 40-B to read
  as follows:

                                ARTICLE 40-B
                            INTERSTATE COMPACT ON
                EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
  SECTION 1982. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
                  CHILDREN; COMMISSIONER AUTHORIZED TO PARTICIPATE.
          1983. DEFINITIONS.
          1984. ENROLLMENT.
          1985. GRADUATION.
    S  1982.  INTERSTATE  COMPACT  ON EDUCATIONAL OPPORTUNITY FOR MILITARY
  CHILDREN; COMMISSIONER AUTHORIZED TO PARTICIPATE.  THE  COMMISSIONER  IS

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04237-01-1

 S. 1739                             2

  HEREBY  AUTHORIZED  TO  PARTICIPATE  IN THE INTERSTATE COMPACT ON EDUCA-
  TIONAL OPPORTUNITY FOR MILITARY CHILDREN, IF AND WHEN CREATED,  AND  FOR
  SO  LONG AS SUCH COMPACT SHALL BE IN EXISTENCE, AND TO PARTICIPATE FULLY
  IN PROGRAMS DESIGNED BY THE COMPACT AND ITS MEMBER STATES IN MEETING THE
  PURPOSE  OF  THE  COMPACT TO HELP REMOVE BARRIERS TO EDUCATIONAL SUCCESS
  IMPOSED ON CHILDREN OF MILITARY FAMILIES BECAUSE OF FREQUENT  MOVES  AND
  DEPLOYMENT  OF  THEIR  PARENTS. PLACEMENT PROVISIONS OF THIS ARTICLE AND
  ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN HEREIN  BY  THE  COMMISSIONER
  SHALL  APPLY  TO  THE  CHILDREN  OF ACTIVE DUTY MEMBERS OF THE UNIFORMED
  SERVICES.
    S 1983. DEFINITIONS. AS USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
  CLEARLY REQUIRES A DIFFERENT CONSTRUCTION:

    1.  "ACTIVE  DUTY" MEANS FULL-TIME DUTY STATUS IN THE ACTIVE UNIFORMED
  SERVICE OF THE UNITED STATES, INCLUDING MEMBERS OF  THE  NATIONAL  GUARD
  AND RESERVE ON ACTIVE DUTY ORDERS.
    2.   "CHILDREN  OF  MILITARY  FAMILIES"  MEANS  SCHOOL-AGED  CHILDREN,
  ENROLLED IN KINDERGARTEN THROUGH TWELFTH GRADE, IN THE HOUSEHOLD  OF  AN
  ACTIVE DUTY MEMBER.
    3.  "DEPLOYMENT"  MEANS  THE  PERIOD  ONE  MONTH  PRIOR TO THE SERVICE
  MEMBERS' DEPARTURE FROM THEIR HOME STATION ON  MILITARY  ORDERS  THROUGH
  SIX MONTHS AFTER RETURN TO THEIR HOME STATION.
    4.   "EDUCATION  RECORDS"  OR  "EDUCATIONAL  RECORDS"  MEANS  OFFICIAL
  RECORDS, FILES, AND DATA DIRECTLY RELATED TO A STUDENT AND MAINTAINED BY
  THE SCHOOL OR LOCAL EDUCATION  AGENCY,  INCLUDING  BUT  NOT  LIMITED  TO
  RECORDS  ENCOMPASSING  ALL THE MATERIAL KEPT IN THE STUDENT'S CUMULATIVE
  FOLDER SUCH AS GENERAL IDENTIFYING DATA, RECORDS OF  ATTENDANCE  AND  OF
  ACADEMIC  WORK  COMPLETED, RECORDS OF ACHIEVEMENT AND RESULTS OF EVALUA-
  TIVE TESTS, HEALTH DATA, DISCIPLINARY STATUS, TEST PROTOCOLS, AND  INDI-
  VIDUALIZED EDUCATION PROGRAMS, AS SHALL BE DETERMINED BY THE COMMISSION-
  ER.
    5.  "EXTRACURRICULAR  ACTIVITIES" MEANS A VOLUNTARY ACTIVITY SPONSORED
  BY THE SCHOOL OR LOCAL EDUCATION AGENCY OR AN ORGANIZATION SANCTIONED BY
  THE LOCAL EDUCATION AGENCY.
    6. "INTERSTATE COMMISSION  ON  EDUCATIONAL  OPPORTUNITY  FOR  MILITARY
  CHILDREN" MEANS A COMMISSION CREATED PURSUANT TO A COMPACT AMONG STATES,
  AND REFERRED TO HEREIN AS INTERSTATE COMMISSION.
    7.  "RECEIVING  STATE"  MEANS THE STATE TO WHICH A CHILD OF A MILITARY
  FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
    8. "SENDING STATE" MEANS THE STATE FROM WHICH A CHILD  OF  A  MILITARY
  FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
    9.  "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
  BIA, THE COMMONWEALTH OF PUERTO RICO, THE  U.S.  VIRGIN  ISLANDS,  GUAM,
  AMERICAN  SAMOA, THE NORTHERN MARIANAS ISLANDS AND ANY OTHER U.S. TERRI-
  TORY.
    10. "STUDENT" MEANS THE CHILD OF A MILITARY  FAMILY  WHO  IS  FORMALLY
  ENROLLED IN KINDERGARTEN THROUGH TWELFTH GRADE.
    11.  "TRANSITION" MEANS: (A) THE FORMAL AND PHYSICAL PROCESS OF TRANS-
  FERRING FROM SCHOOL TO SCHOOL; OR (B) THE PERIOD  OF  TIME  IN  WHICH  A
  STUDENT  MOVES FROM ONE SCHOOL IN THE SENDING STATE TO ANOTHER SCHOOL IN
  THE RECEIVING STATE.
    12. "UNIFORMED SERVICE" MEANS THE ARMY, NAVY, AIR FORCE, MARINE CORPS,
  COAST GUARD AS WELL AS THE COMMISSIONED CORPS OF  THE  NATIONAL  OCEANIC
  AND ATMOSPHERIC ADMINISTRATION, AND PUBLIC HEALTH SERVICES.
    13.  "VETERAN" MEANS A PERSON WHO SERVED IN THE UNIFORMED SERVICES AND
  WHO WAS DISCHARGED OR RELEASED THEREFROM  UNDER  CONDITIONS  OTHER  THAN
  DISHONORABLE.

 S. 1739                             3

    S  1984.  ENROLLMENT.  1.  AT  THE  TIME OF ENROLLMENT AND CONDITIONAL
  PLACEMENT OF THE STUDENT, A SCHOOL SHALL REQUEST THE STUDENT'S  OFFICIAL
  EDUCATION  RECORDS  FROM  THE  SCHOOL IN THE SENDING STATE. IN THE EVENT
  THAT OFFICIAL EDUCATION RECORDS CANNOT BE RELEASED TO  THE  PARENTS  FOR
  THE  PURPOSE  OF  TRANSFER,  THE CUSTODIAN OF THE RECORDS IN THE SENDING
  STATE SHALL PREPARE AND FURNISH TO THE PARENT A COMPLETE SET OF  UNOFFI-
  CIAL  EDUCATIONAL  RECORDS  CONTAINING  UNIFORM  INFORMATION MEETING THE
  REQUIREMENTS OR PARAMETERS ESTABLISHED BY THE COMMISSIONER. THE  COMMIS-
  SIONER  SHALL  REQUIRE  THAT  UPON  RECEIPT OF SUCH UNOFFICIAL EDUCATION
  RECORDS, THE SCHOOL SHALL ENROLL AND  APPROPRIATELY  PLACE  THE  STUDENT
  PENDING  VALIDATION  BY  OFFICIAL  RECORDS. THE COMMISSIONER SHALL ADDI-
  TIONALLY ESTABLISH REQUIREMENTS FOR SITUATIONS IN WHICH THE STATE  SHALL
  BE THE SENDING STATE AND ANOTHER STATE THE RECEIVING STATE.
    2.  THE  COMMISSIONER  SHALL  PROVIDE  THIRTY  DAYS  AFTER THE DATE OF
  ENROLLMENT FOR STUDENTS TO OBTAIN REQUIRED IMMUNIZATIONS OR MAY SET  THE
  TIME  TO  COINCIDE  WITH  A TIME REASONABLY DETERMINED BY THE INTERSTATE
  COMMISSION.
    3. THE RULES OF THE COMMISSIONER SHALL PROVIDE THAT A STUDENT WHO  HAS
  SATISFACTORILY  COMPLETED  THE  APPROPRIATE  GRADE  LEVEL IN THE SENDING
  STATE SHALL BE ELIGIBLE FOR ENROLLMENT IN THE NEXT HIGHEST GRADE  LEVEL.
  A STUDENT TRANSFERRING AFTER THE START OF THE SCHOOL YEAR IN THE RECEIV-
  ING  STATE  SHALL ENTER THE SCHOOL ON HIS OR HER VALIDATED LEVEL FROM AN
  ACCREDITED SCHOOL IN THE SENDING STATE.
    4. THE COMMISSIONER MAY WAIVE OR SUBSTITUTE COURSE AND PROGRAM PREREQ-
  UISITES, OR OTHER PRECONDITIONS FOR PLACEMENT,  IN  ORDER  TO  MEET  THE
  REQUIREMENTS AND POLICY GOALS OF THIS ARTICLE.
    5.  THE  COMMISSIONER  SHALL PROVIDE FOR SITUATIONS IN WHICH A STUDENT
  WHOSE PARENT OR LEGAL GUARDIAN IS AN ACTIVE DUTY MEMBER OF THE UNIFORMED
  SERVICES, AND HAS BEEN CALLED TO DUTY FOR, IS ON LEAVE  FROM,  OR  IMME-
  DIATELY  RETURNED FROM DEPLOYMENT TO A COMBAT ZONE OR COMBAT SUPPORT, BY
  SUCH MEASURES AS ALLOWING ADDITIONAL EXCUSED ABSENCES IF APPROVED BY THE
  SCHOOL TO VISIT WITH A PARENT OR LEGAL GUARDIAN RELATIVE.
    6. SPECIAL POWER OF ATTORNEY, RELATIVE TO THE GUARDIANSHIP OF A  CHILD
  OF  A  MILITARY FAMILY AND EXECUTED UNDER APPLICABLE LAW SHALL BE SUFFI-
  CIENT FOR THE PURPOSES OF ENROLLMENT AND  ALL  OTHER  ACTIONS  REQUIRING
  PARENTAL PARTICIPATION AND CONSENT.
    7.  THE COMMISSIONER SHALL PROMULGATE RULES TO FACILITATE THE OPPORTU-
  NITY FOR STUDENTS TO BE INCLUDED IN EXTRACURRICULAR ACTIVITIES,  REGARD-
  LESS  OF  APPLICATION DEADLINES, TO THE EXTENT THEY ARE OTHERWISE QUALI-
  FIED.
    S 1985. GRADUATION. IN ORDER TO FACILITATE THE ON-TIME  GRADUATION  OF
  CHILDREN  OF  MILITARY  FAMILIES  THE COMMISSIONER SHALL INCORPORATE THE
  PROCEDURES INCLUDING BUT NOT LIMITED TO:

    1. THE COMMISSIONER SHALL PROVIDE FOR WAIVER OF COURSES  REQUIRED  FOR
  GRADUATION  WHEN  SIMILAR COURSEWORK HAS BEEN COMPLETED TO THE SATISFAC-
  TION OF THE COMMISSIONER.  SHOULD A WAIVER NOT BE GRANTED TO  A  STUDENT
  WHO  WOULD QUALIFY TO GRADUATE FROM THE SENDING SCHOOL, THE COMMISSIONER
  SHALL REQUIRE THAT THE SCHOOL PROVIDE AN ALTERNATIVE MEANS OF  ACQUIRING
  REQUIRED COURSEWORK SO THAT GRADUATION MAY OCCUR ON TIME.
    2.  THE COMMISSIONER SHALL REQUIRE SCHOOLS TO ACCEPT: (A) EXIT OR END-
  OF-COURSE EXAMS REQUIRED FOR GRADUATION FROM THE SENDING STATE;  OR  (B)
  NATIONAL  NORM ACHIEVEMENT TESTS; OR (C) ALTERNATIVE TESTING, IN LIEU OF
  TESTING REQUIREMENTS FOR GRADUATION IN  THE  RECEIVING  STATE,  IF  SUCH
  EXAMS, TESTS, OR ALTERNATIVE TESTING MEETING CRITERIA ARE ESTABLISHED BY
  THE COMMISSIONER.

 S. 1739                             4

    3.  THE COMMISSIONER SHALL ENTER INTO AGREEMENTS AS NECESSARY TO COVER
  A SITUATION IN WHICH A STUDENT TRANSFERS  AT  THE  BEGINNING  OR  DURING
  SENIOR  YEAR  BECOMES INELIGIBLE TO GRADUATE AFTER ALL ALTERNATIVES HAVE
  BEEN CONSIDERED, BY PROVIDING THAT THE STUDENT  MAY  RECEIVE  A  DIPLOMA
  FROM THE SENDING STATE, IF THE STUDENT MEETS THE GRADUATION REQUIREMENTS
  OF THE SENDING SCHOOL.
    S 3. This act shall take effect immediately.