The “Interstate Compact on Educational Opportunity for Military Children” is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

Terms Used In New Mexico Statutes 11-8B-1

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Contract: A legal written agreement that becomes binding when signed.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

“INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN ARTICLE 1 PURPOSE It is the purpose of the Interstate Compact on Educational Opportunity for Military Children to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

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 school district or variations in entrance and age requirements;

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;

C. facilitating the qualification and eligibility for enrollment, educational programs and participation in extracurricular, academic, athletic and social activities;

D. facilitating the on-time graduation of children of military families;

E. providing for the promulgation and enforcement of administrative rules implementing the provisions of that compact;

F. providing for the uniform collection and sharing of information between and among member states, schools and military families under that compact;

G. promoting coordination between that compact and other compacts affecting military children; and

H. promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE 2 DEFINITIONS As used in the Interstate Compact on Educational Opportunity for Military Children: A. “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 pursuant to 10 U.S.C. Sections 1209 and 1211;

B. “children of military families” means school-aged children enrolled in kindergarten through twelfth grade in the household of an active duty member;

C. “compact commissioner” means the voting representative of each compacting state appointed pursuant to Article 8 of the Interstate Compact on Educational Opportunity for Military Children;

D. “deployment” means the period one month prior to the service members’ departures from their home stations on military orders through six months after return to their home stations;

E. “education records” means records, files and data that are directly related to a student and maintained by a school or local education agency, including records encompassing all the material kept in a 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;

F. “extracurricular activity” means a voluntary activity sponsored by a school or local education agency or an organization sanctioned by a local education agency. “Extracurricular activity” includes preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities;

G. “interstate commission” means the interstate commission on educational opportunity for military children that is created under Article 9 of the Interstate Compact on Educational Opportunity for Military Children;

H. “local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions;

I. “member state” means a state that has enacted the Interstate Compact on Educational Opportunity for Military Children;

J. “military installation” means a base, camp, post, station, yard, center or homeport facility for any ship or other activity under the jurisdiction of the United States department of defense, including any leased facility, that is located within any of the several states, the District of Columbia, the commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory. The term does not include any facility used primarily for civil works, rivers and harbors projects or flood control projects;

K. “non-member state” means a state that has not enacted the Interstate Compact on Educational Opportunity for Military Children;

L. “receiving state” means the state to which a child of a military family is sent or brought or caused to be sent or brought;

M. “rule” means a written statement by the interstate commission promulgated pursuant to Article 12 of the Interstate Compact on Educational Opportunity for Military Children that is of general applicability, implements, interprets or prescribes a policy or provision of that compact or an organizational, procedural or practice requirement of the interstate commission and includes the amendment, repeal or suspension of an existing rule;

N. “sending state” means the state from which a child of a military family is sent or brought or caused to be sent or brought;

O. “state” means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory;

P. “student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth grade;

Q. “transition” means:

(1)     the formal and physical process of transferring from school to school; or

(2)     the period of time in which a student moves from one school in the sending state to another school in the receiving state;

R. “uniformed services” means the army, navy, air force, marine corps, coast guard and the commissioned corps of the national oceanic and atmospheric administration and United States public health service; and

S. “veteran” means a person who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable.

ARTICLE 3 APPLICABILITY A. Except as otherwise provided in Subsection B of this article, the Interstate Compact on Educational Opportunity for Military Children shall apply to the children of:

(1)     active duty members of the uniformed services, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211;

(2)     members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and

(3)     members of the uniformed services who die on active duty or as a result of injuries sustained while on active duty and extending for a period of one year after death.

B. The provisions of the Interstate Compact on Educational Opportunity for Military Children shall only apply to local education agencies.

C. The provisions of the Interstate Compact on Educational Opportunity for Military Children shall not apply to the children of:

(1)     inactive members of the national guard and military reserves;

(2)     members of the uniformed services now retired, except as provided in Subsection A of this article;

(3)     veterans of the uniformed services, except as provided in Subsection A of this article; and

(4)     other United States department of defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.