SB681: Bill Text

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2009 - 2010 LEGISLATURE

2009 Senate BILL 681

April 9, 2010 - Introduced by Senators Lehman, Olsen, Schultz and Taylor, cosponsored by Representatives Pope-Roberts, Radcliffe, Zigmunt, Hilgenberg, Berceau, Sinicki, Turner and Townsend. Referred to Committee on Education.

SB681,1,4 An Act to create 14.91, 20.255 (3) (f), 115.28 (58), subchapter VIII (title) of chapter 115 [precedes 115.997] and 115.997 of the statutes; relating to: adopting the Interstate Compact on Educational Opportunity for Military Children and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill adopts the Interstate Compact on Educational Opportunity for Military Children, an interstate compact that has been adopted, as of March 22, 2010, by 28 states. The compact addresses school transition issues encountered by children of military families, such as their eligibility, enrollment, placement, and graduation. For example:

1. The compact requires a school district to accept the unofficial records of a school district in another member state for the purposes of enrolling and placing a child of a military family until the official records may be obtained.

2. The compact allows a pupil to request additional excused absences to visit with his or her deployed parent or guardian.

3. The compact allows school districts to waive graduation requirements if similar requirements have been completed in a school district in another state.

The compact requires each member state to establish a state council and to appoint a state military education liaison to assist military families and the state in facilitating the implementation of the compact. Each state must also appoint a state commissioner, who is the state's member on the Interstate Commission on Educational Opportunity for Military Children.

Under the bill, this state's council consists of the state superintendent of public instruction; the superintendent of a school district with a high concentration of children of military families, a representative from a military installation, and the compact commissioner, all of whom are appointed by the state superintendent; a member of the senate; a member of the assembly; and the military family education liaison, who is appointed by the other council members.

This bill makes several changes to the compact, including the following:

1. The compact authorizes the interstate commission to promulgate rules to achieve the purposes of the compact. This bill provides that a rule promulgated by the interstate commission is effective in a member state only if it is approved by the legislature of the member state or the state superintendent of education of the member state.

2. The compact authorizes the interstate commission to levy and collect from each member state an annual assessment to cover the costs of the commission's operations and activities. This bill provides that this state's annual assessment is the lesser of $1,000 or the amount calculated by multiplying $1 by the number of children of military families enrolled in public schools in the state.

3. The compact provides that a member state may withdraw from the compact by repealing the statute that enacted the compact. This bill provides that a member state may also withdraw by enacting a law withdrawing from the compact.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB681, s. 1 Section 1. 14.91 of the statutes is created to read:

SB681,2,5 14.91 State council on the interstate compact on educational opportunity for military children. (1) There is created a state council on the interstate compact on educational opportunity for military children as specified under s. 115.997 (8), consisting of the following members:

SB681,2,6 (a) The state superintendent of public instruction.

SB681,2,8 (b) The superintendent of a school district with a high concentration of children of military families, appointed by the state superintendent of public instruction.

SB681,2,10 (c) A representative from a military installation, appointed by the state superintendent of public instruction.

SB681,3,1 (d) A member of the senate, appointed by the senate majority leader.

SB681,3,2 (e) A member of the assembly, appointed by the speaker of the assembly.

SB681,3,6 (f) The compact commissioner, as defined in s. 115.997 (2) (c), appointed by the state superintendent of public instruction under s. 115.997 (8) (c), and the military family education liaison, appointed under s. 115.997 (8) (b), to serve as nonvoting members.

SB681,3,7 (2) The members of the council shall serve without compensation.

SB681, s. 2 Section 2. 20.255 (3) (f) of the statutes is created to read:

SB681,3,12 20.255 (3) (f) Interstate compact on educational opportunity for military children. A sum sufficient equal to the amount determined under s. 115.28 (58) to pay assessments levied by the interstate commission on educational opportunity for military children under s. 115.997 (14) (b).

SB681, s. 3 Section 3. 115.28 (58) of the statutes is created to read:

SB681,3,18 115.28 (58) Assessment for interstate compact on educational opportunity for military children. Annually determine the amount of the assessment under s. 115.997 (14) (b). The amount shall be the lesser of $1,000 or the amount calculated by multiplying $1 by the number of children of military families, as defined in s. 115.997 (2) (b), who are enrolled in public schools in this state.

SB681, s. 4 Section 4. Subchapter VIII (title) of chapter 115 [precedes 115.997] of the statutes is created to read:

SB681,3,21 chapter 115

SB681,3,22 subchapter VIII

SB681,3,25 interstate compact on educational opportunity for military children

SB681, s. 5 Section 5. 115.997 of the statutes is created to read:

SB681,4,5 115.997 Interstate compact on educational opportunity for military children. The interstate compact on educational opportunity for children of military families is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

SB681,4,8 (1) Article I — Purpose. It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

SB681,4,12 (a) Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous local education agency or variations in entrance or age requirements.

SB681,4,15 (b) Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment.

SB681,4,18 (c) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

SB681,4,19 (d) Facilitating the on-time graduation of children of military families.

SB681,4,21 (e) Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

SB681,4,24 (f) Providing for the uniform collection and sharing of information between and among member states, local education agencies, and military families under this compact.

SB681,5,2 (g) Promoting coordination between this compact and other compacts affecting military children.

SB681,5,4 (h) Promoting flexibility and cooperation between the educational system, parents, and students in order to achieve educational success for the students.

SB681,5,6 (2) Article II — Definitions. As used in this compact, unless the context clearly requires a different construction:

SB681,5,9 (a) "Active duty" means full-time active duty status in a uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC 1209 and 1211.

SB681,5,12 (b) "Child of a military family" means a school-aged child who is enrolled in any of the grades from kindergarten to 12 and who resides in the household of a person on active duty.

SB681,5,14 (c) "Compact commissioner" means the voting representative of each compacting state appointed pursuant to sub. (8) of this compact.

SB681,5,17 (d) "Deployment" means the period one month prior to a service members' departure from his or her home station on military orders though 6 months after return to his or her home station.

SB681,5,23 (e) "Education records" means those records, files, and data directly related to a student and maintained by the local education agency, including 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 evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.

SB681,6,3 (f) "Extracurricular activity" means a voluntary activity sponsored by a local education agency or an organization sanctioned by the local education agency. Extracurricular activity includes preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.

SB681,6,5 (g) "Interstate commission" means the Interstate Commission on Educational Opportunity for Military Children created under sub. (9) of this compact.

SB681,6,7 (h) "Local education agency" means a school district or the operator of a charter school under s. 118.40 (2r).

SB681,6,8 (i) "Member state" means a state that has enacted this compact.

SB681,6,15 (j) "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the U.S. department of defense, including any leased facility, which is located within any of the several 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. "Military installation" does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

SB681,6,16 (k) "Nonmember state" means a state that has not enacted this compact.

SB681,6,18 (L) "Receiving state" means the state to which a child of a military family is sent, brought, or caused to be sent or brought.

SB681,6,22 (m) "Rule" means a written statement by the interstate commission promulgated pursuant to sub. (12) that is of general applicability and that implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission.

SB681,6,24 (n) "Sending state" means the state from which a child of a military family is sent, brought, or caused to be sent or brought.

SB681,7,3 (o) "State" means a 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.

SB681,7,6 (p) "Student" means a child of a military family for whom the local education agency receives public funding and who is formally enrolled in any of the grades from kindergarten to 12.

SB681,7,7 (q) "Transition" means all of the following:

SB681,7,9 1. The formal and physical process of transferring from local education agency to local education agency.

SB681,7,11 2. The period of time in which a student moves from one local education agency in a sending state to another local education agency in a receiving state.

SB681,7,14 (r) "Uniformed service" means the army, navy, air force, marine corps, coast guard, the commissioned corps of the national oceanic and atmospheric administration, and the commissioned corps of the public health services.

SB681,7,16 (s) "Veteran" means a person who served in a uniformed service and was discharged or released therefrom under conditions other than dishonorable.

SB681,7,18 (3) Article III — Applicability. (a) Except as provided in pars. (b) and (c), this interstate compact applies to a child of any of the following:

SB681,7,20 1. An active duty member of the uniformed service, including a member of the national guard and reserve on active duty orders pursuant to 10 USC 1209 and 1211.

SB681,7,23 2. A member or veteran of the uniformed service who is severely injured and medically discharged or retired for a period of one year after medical discharge or retirement.

SB681,7,25 3. A member of the uniformed service who dies on active duty or as a result of injuries sustained on active duty for a period of one year after death.

SB681,8,2 (b) The provisions of this interstate compact apply only to local education agencies.

SB681,8,3 (c) The provisions of this compact do not apply to a child of any of the following:

SB681,8,4 1. An inactive member of the national guard and military reserves.

SB681,8,5 2. Except as provided in par. (a), a retired member of the uniformed services.

SB681,8,6 3. Except as provided in par. (a), a veteran of the uniformed services.

SB681,8,9 4. Other U.S. department of defense personnel, or of a civilian or contract employee of any other federal agency, who is not an active duty member of a uniformed service.

SB681,8,18 (4) Article IV — Educational records and enrollment. (a) Unofficial or hand-carried pupil records. If official education records cannot be released to the parents for the purpose of transfer, the custodian of the education records in the sending state shall prepare and furnish to the parent a complete set of unofficial education records containing uniform information as determined by the interstate commission. The local education agency in the receiving state shall enroll and appropriately place the student as quickly as possible, based on the information provided in the unofficial education records, if provided, pending validation by the official education records.