AB943: Bill Text

AB943,1,4 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:

AB943, s. 1 Section 1. 14.91 of the statutes is created to read:

AB943,2,5 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:

AB943,2,6 (a) The state superintendent of public instruction.

AB943,2,8 (b) The superintendent of a school district with a high concentration of children of military families, appointed by the state superintendent of public instruction.

AB943,2,10 (c) A representative from a military installation, appointed by the state superintendent of public instruction.

AB943,3,1 (d) A member of the senate, appointed by the senate majority leader.

AB943,3,2 (e) A member of the assembly, appointed by the speaker of the assembly.

AB943,3,6 (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.

AB943,3,7 (2) The members of the council shall serve without compensation.

AB943, s. 2 Section 2. 20.255 (3) (f) of the statutes is created to read:

AB943,3,12 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).

AB943, s. 3 Section 3. 115.28 (58) of the statutes is created to read:

AB943,3,18 115.28 (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.

AB943, s. 4 Section 4. Subchapter VIII (title) of chapter 115 [precedes 115.997] of the statutes is created to read:

AB943,3,21 chapter 115

AB943,3,22 subchapter VIII

AB943,3,25 interstate compact on educational opportunity for military children

AB943, s. 5 Section 5. 115.997 of the statutes is created to read:

AB943,4,5 115.997 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:

AB943,4,8 (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:

AB943,4,12 (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.

AB943,4,15 (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.

AB943,4,18 (c) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

AB943,4,19 (d) Facilitating the on-time graduation of children of military families.

AB943,4,21 (e) Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

AB943,4,24 (f) Providing for the uniform collection and sharing of information between and among member states, local education agencies, and military families under this compact.

AB943,5,2 (g) Promoting coordination between this compact and other compacts affecting military children.

AB943,5,4 (h) Promoting flexibility and cooperation between the educational system, parents, and students in order to achieve educational success for the students.

AB943,5,6 (2) Article II — Definitions. As used in this compact, unless the context clearly requires a different construction:

AB943,5,9 (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.

AB943,5,12 (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.

AB943,5,14 (c) "Compact commissioner" means the voting representative of each compacting state appointed pursuant to sub. (8) of this compact.

AB943,5,17 (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.

AB943,5,23 (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.

AB943,6,3 (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.

AB943,6,5 (g) "Interstate commission" means the Interstate Commission on Educational Opportunity for Military Children created under sub. (9) of this compact.

AB943,6,7 (h) "Local education agency" means a school district or the operator of a charter school under s. 118.40 (2r).

AB943,6,8 (i) "Member state" means a state that has enacted this compact.

AB943,6,15 (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.

AB943,6,16 (k) "Nonmember state" means a state that has not enacted this compact.

AB943,6,18 (L) "Receiving state" means the state to which a child of a military family is sent, brought, or caused to be sent or brought.

AB943,6,22 (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.

AB943,6,24 (n) "Sending state" means the state from which a child of a military family is sent, brought, or caused to be sent or brought.

AB943,7,3 (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.

AB943,7,6 (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.

AB943,7,7 (q) "Transition" means all of the following:

AB943,7,9 1. The formal and physical process of transferring from local education agency to local education agency.

AB943,7,11 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.

AB943,7,14 (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.

AB943,7,16 (s) "Veteran" means a person who served in a uniformed service and was discharged or released therefrom under conditions other than dishonorable.

AB943,7,18 (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:

AB943,7,20 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.

AB943,7,23 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.

AB943,7,25 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.

AB943,8,2 (b) The provisions of this interstate compact apply only to local education agencies.

AB943,8,3 (c) The provisions of this compact do not apply to a child of any of the following:

AB943,8,4 1. An inactive member of the national guard and military reserves.

AB943,8,5 2. Except as provided in par. (a), a retired member of the uniformed services.

AB943,8,6 3. Except as provided in par. (a), a veteran of the uniformed services.

AB943,8,9 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.

AB943,8,18 (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.

AB943,8,25 (b) Education records and transcripts. Simultaneous with the enrollment and conditional placement of the student, the local education agency in the receiving state shall request the student's official education records from the local education agency in the sending state. Upon receipt of this request, the local education agency in the sending state shall process and furnish the official education records to the local education agency in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

AB943,9,6 (c) Immunizations. A member state shall give 30 days from the date of enrollment, or within such time as is reasonably determined under the rules promulgated by the interstate commission, for a student to obtain any immunization required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

AB943,9,16 (d) Kindergarten and first grade entrance age. A student shall be allowed to continue his or her enrollment at the grade level in the receiving state commensurate with his or her grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the local education agency in the receiving state on his or her validated level from a local education agency in the sending state.

AB943,9,25 (5) Article V — Placement and attendance. (a) Course placement. When a student transfers before or during the school year, the local education agency in the receiving state shall initially honor placement of the student in educational courses based on the student's enrollment in the local education agency in the sending state or educational assessments conducted at the local education agency in the sending state if the courses are offered. Course placement includes honors, international baccalaureate, advanced placement, vocational, technical, and career pathways courses. Continuing the student's academic program from the previous local education agency and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the local education agency in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course.

AB943,10,12 (b) Educational program placement. The local education agency in the receiving state shall initially honor placement of the student in educational programs, including gifted and talented programs and English as a second language programs, based on current educational assessments conducted at the local education agency in the sending state or participation or placement in like programs in the local education agency in the sending state. This paragraph does not preclude the local education agency in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

AB943,10,16 (c) Special education services. 1. In compliance with the requirements of 20 USC 1400 to 1482, the local education agency in the receiving state shall initially provide comparable services to a student with disabilities based on his or her current individualized education program.

AB943,10,23 2. In compliance with the requirements of 29 USC 794 and with 42 USC 12131 to 12165, the local education agency in the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing plan prepared under 29 USC 794 or 42 USC 12131 to 12165, to provide the student with equal access to education. This does not preclude the local education agency in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

AB943,11,2 (d) Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course or program prerequisites or other preconditions for placement in a course or program offered under the jurisdiction of the local education agency.

AB943,11,9 (e) Absence as related to deployment activities. Each local education agency shall adopt a policy relating to excusing a child of a military family who moved to the local education agency from another state from school attendance in order to visit his or her parent or guardian who is on active duty and has been called to duty for or is on leave from deployment to a combat zone or combat support posting, or has returned from deployment to a combat zone or combat support posting within the past 30 days.

AB943,11,13 (6) Article VI — Eligibility. (a) Eligibility for enrollment. 1. A local education agency is prohibited from charging tuition to a child of a military family placed in the care of a noncustodial parent or other person standing in the place of a parent who lives in a jurisdiction other than that of the custodial parent.