Military Representative to State Council of the Military Interstate Children s Compact Resource Guide

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Military Representative to State Council of the Military Interstate Children s Compact Resource Guide Publication: October 16, 2017

Table of Contents INTRODUCTION TO THE MILITARY INTERSTATE CHILDREN S COMPACT... 3 ELIGIBILITY... 4 APPLICABILITY... 4 GOVERNANCE... 4 STATE COMPACT COMMISSIONER... 4 MILITARY INTERSTATE CHILDREN S COMPACT COMMISSION (MIC3)... 4 EXECUTIVE COMMITTEE... 5 MIC3 STANDING COMMITTEES... 5 DEPARTMENT OF DEFENSE ROLE IN MILITARY INTERSTATE CHILDREN S COMPACT... 6 DOD EX-OFFICIO MEMBER TO THE MILITARY INTERSTATE CHILDREN S COMPACT COMMISSION (MIC3)... 6 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY (DODEA)... 6 DEFENSE STATE LIAISON OFFICE (DSLO)... 6 MILITARY REPRESENTATIVE TO STATE COUNCIL OF THE MILITARY INTERSTATE CHILDREN S COMPACT... 7 Designation of Military Representative to State Council... 7 School Liaison Officers (SLO)... 7 STATE COORDINATION... 8 STATE COUNCIL MEMBERSHIP... 8 STATE COUNCIL MEETINGS... 8 MILITARY REPRESENTATIVE ROLES AND RESPONSIBILITIES... 9 MILITARY REPRESENTATIVE ROLE... 9 MILITARY REPRESENTATIVE RESPONSIBILITIES... 10 SCHOOL LIAISON ROLE AND SUPPORT TO THE MILITARY REPRESENTATIVE... 11 RESOURCES... 12 PARTNERSHIP & RESOURCES DIVISION Page 2

Introduction to the Military Interstate Children s Compact An interstate compact is a legal agreement between two or more states. The Military Interstate Children s Compact provides for the uniform treatment of military children transferring between school districts and states. It was developed by The Council of State Governments' National Center for Interstate Compacts, the Department of Defense, national associations, federal and state officials, school administrators and military families. States adopt the Compact through their legislative process, participation is voluntary. Since 2014, all 50 states and the District of Columbia have adopted the Compact. The schools operated by the Department of Defense Education Activity (DoDEA), to the extent permissible by law, are committed to ensuring that school policies and procedures mirror those in the Compact s guidelines and related rules. The goal of the Compact is to replace the widely varying policies affecting transitioning military students. The Compact addresses key educational transition issues encountered by military families including enrollment, placement, attendance, eligibility and graduation. Each state based their statute on the model compact language; however, the State may have added other clauses or information to tailor it to their needs (i.e. appointment of Commissioners or state council composition). It is important to review the individual state statute to understand how the compact is administered and understand any differences in the language. The state statutes can be found at http://www.mic3.net/state-statutes.html. Additionally, the MIC3 website includes state profiles with detailed information regarding the state and the contacts. The MIC3 website can be found at https://www.mic3.net/state-profiles.html. The Military Interstate Children s Compact, or Compact, is not exhaustive in its coverage. It does provide guidance for schools on topics related to: 1 2 3 4 5 Transfer of Education Records & Enrollment Placement & Attendance Eligibility Graduation Oversight, Enforcement, & Dispute Resolution PARTNERSHIP & RESOURCES DIVISION Page 3

Eligibility Children of active duty members of the uniformed services, National Guard and Reserve on active duty orders, commissioned officers of the National Oceanic and Atmospheric Administration (NOAA) and the United States Public Health Service (USPHS) are eligible for assistance under the Compact when tied to a permanent change of station (PCS) between states on the PCS orders. Additionally, members or veterans who are medically discharged or retired are eligible during the first year for assistance under the Compact. Applicability The Compact applies to public schools, not private, home or virtual educational options. It is for transitions between two states (interstate) and not within a state (intrastate). All member states are aware that they are required to extend the provisions of the Compact to children entering from a school operated by the Department of Defense Education Activity (DoDEA), although this is not a requirement of the Compact. Governance The Compact provides for a governance structure at both the state and national levels for enforcement and compliance. State Compact Commissioner Member states appoint a Compact Commissioner to a national governing commission, which includes a representative from every member state. Each Compact Commissioner is a voting representative of that member state, appointed pursuant to Article VIII of the Compact. Compact commissioners are responsible for overall Compact implementation within each state and oversight of the state council. The appointment authority and process is based on the requirements of their state legislation; however, in most states, the appointing authority is within the Executive Branch of the State Government. Appointment terms may vary. Each participating state also creates a state council based on the requirements of their state legislation. Military Interstate Children s Compact Commission (MIC3) The Military Interstate Children s Compact Commission is a national governing body responsible for enacting rules to implementation and oversight of the Compact. The commission is comprised of appointed Commissioners from each member state who serve as a representative on behalf of their state. The commission is funded through an annual assessment of member states. The Military Interstate Children s Compact Commission, or MIC3, is a national organization. The Commission meets at least annually. The MIC3 national office is led by an Executive Director and staff members who provide guidance, support, and assist with compliance. PARTNERSHIP & RESOURCES DIVISION Page 4

Executive Committee The executive committee is comprised of members from the commissioners from member states and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee serve a one-year term. Members of the executive committee are entitled to one vote each. The executive committee has the power to act on behalf of the Commission, with the exception of rulemaking during periods when the Commission is not in session. The executive committee oversees the day-to-day activities of the administration of the Executive Director and staff to include enforcement and compliance with the provisions of the Compact, its bylaws and rules and other such duties as deemed necessary. The Department of Defense has appointed a representative from the Department of Defense Education Activity to serve as an ex-officio, nonvoting member of the executive committee. MIC3 Standing Committees The standing committees include the following: COMMITTEE RESPONSIBILITIES Finance Responsible for monitoring the commission s budget and financial practices, including the collection and expenditure of commission revenues, and for developing recommendations for the commission s consideration as appropriate. Rules Responsible for administering the commission s rulemaking procedures and for developing proposed rules for the commission s consideration as appropriate. Compliance Responsible for administering the commission s rulemaking procedures and for developing proposed rules for the commission s consideration as appropriate. Training, Education and Public Relations Responsible for developing educational resources and training materials for use in the member states to help ensure awareness of and compliance with the terms of the compact and the commission s rules. PARTNERSHIP & RESOURCES DIVISION Page 5

Department of Defense Role in Military Interstate Children s Compact Department of Defense Role in Military Interstate Children s Compact Department of Defense policy (Department of Defense Instruction 1342.29 Interstate Compact on Educational Opportunity for Military Children) supports the intent of the Compact to reduce the difficulty faced by children of military families when transferring between school systems. The DoD supports the Compact by: Designating the ex-officio member to the Military Interstate Children s Compact Commission (MIC3). Designating a military representative, by position, to State Councils of member States. Ensuring Department of Defense Education Activity (DoDEA) compliance with provisions of the Compact including establishing a committee similar to State Councils and designating a military representative to the DODEA Compact Committee. DoD Ex-Officio Member to the Military Interstate Children s Compact Commission (MIC3) To ensure DoD remains in concert with Compact member states to assist in making the Compact an effective vehicle for all military children, DoDEA has been designated to represent DoD as an ex- officio member to the Interstate Commission in accordance with Article IX (C) and (E) of the Compact. The DoD ex-officio member to the Commission is a civilian employee of the DoD who has a direct interface with DoDEA and the U.S. public education system as part of their official duties. The DoD exofficio member attends meetings of MIC3, its Executive Committee, and other standing committees where requested by the Commission. Department of Defense Education Activity (DoDEA) To the extent permissible by law, the Department of Defense Education Activity (DoDEA) adjusts policies to implement the provisions of the Compact and addresses disputes over provisions of the Compact between member States and DoDEA. DoDEA complies with the Compact provisions and school-level officials inform student/parents of the benefits extended by receiving States under the Compact. DoDEA has established a committee (similar to a State Council) to review compliance with the provisions of the Compact and to address issues raised concerning the implementation of such provisions. Defense State Liaison Office (DSLO) The Defense State Liaison Office coordinates written requests from State Commissioners for designation of military representatives to State Councils. The DSLO coordinates the request with the appropriate Service Department for nomination of a representative and then forwards the nomination to the Deputy Assistant Secretary of Defense for Military Community and Family Policy official for approval/designation. PARTNERSHIP & RESOURCES DIVISION Page 6

Military Representative to State Council of the Military Interstate Children s Compact Incumbents of positions designated as Military Representatives to act as liaisons to State Councils are military members or a civilian employee of the Department of Defense who has interface with the State education system as part of official duties or has supervisory responsibility for those that do. Designation of Military Representative to State Council State commissioners may request 1) one representative for all military children in the State, 2) one representative for each military service in the State or 3) one representative from each military installation in the State. While a state council may have more than one military representative, it can only have one lead military representative, which is approved/designated by the Deputy Assistant Secretary of Defense for Military Community and Family Policy. The designated military representative is considered the official military representative; however, he or she may be augmented by additional military representatives from other Service departments and/or installations in the particular State. DoD Instruction 1342.29 outlines the areas of authority for nominating a single military representative to serve on the State Council. Term of appointment for military representatives is at least two years. MILITARY DEPARTMENT ARMY NAVY AIR FORCE AREAS OF AUTHORITY Alabama, Alaska, Colorado, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, New York, Oklahoma, Pennsylvania, South Carolina, Texas, Vermont, Washington, West Virginia, Wisconsin American Samoa, California, Connecticut, District of Columbia, Florida, Guam, Maine, Mississippi, New Hampshire, North Carolina, Northern Marianas, Oregon, Puerto Rico, Rhode Island, Tennessee, Virginia, Virgin Islands Arizona, Arkansas, Delaware, Idaho, Illinois, Massachusetts, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Ohio, South Dakota, Utah, Wyoming School Liaison Officers (SLO) School Liaison Officers are civilian employees employed by the respective military service who serve as military installation/region subject matter expert on local K-12 education issues. They advocate for educational needs of military-connected students in a variety of educational settings. School liaison officers assist in the implementation of the Compact by providing open communication between Installations, schools, families, and the State Councils. PARTNERSHIP & RESOURCES DIVISION Page 7

State Coordination Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state s participation in, and compliance with, the compact and Interstate Commission activities. State Council Membership While each member state may determine the membership of its own State Council, its membership must include at least: State superintendent of education Superintendent of a school district with a high concentration of military children Representative from a military community One representative each from the legislative and executive branches of government Other offices and stakeholder groups the State Council deems appropriate State Council Meetings State Commissioners or their designees, will hold meetings at least once per calendar year. The meetings may be conducted face- to- face or virtually. All MIC3 State Council (per respective State Law) meetings are public and their local state Department of Education should send out the notice ahead of time to the news media, offices of the Governor and state legislative leadership, bases/installations, and/or potential subject matter participants. The purpose of the meetings is generally is to report on cases, progress of the year's work in the State, items to come in the year ahead. Members of the State Council report out on relevant issues. The Commission at the 2016 MIC3 Annual Meeting in Orlando; Source: MIC3 Facebook. PARTNERSHIP & RESOURCES DIVISION Page 8

Military Representative Roles and Responsibilities Military Representative Role The Military Representative, acting as a liaison, is vital to the Council's understanding of educational transition issues facing children of service members. As the face of the Armed Forces across the state, the Council will turn to the Military Representative for guidance and advice on matters involving military family relations and support. Military Representatives may benefit from attending national, state and local events whose aim it is to draw attention and support for military families, giving priority to those focusing especially on education and educational policy. Military Representatives acting as liaisons to State Councils shall: Only represent DoD interests (not the interests of the State Council) and, consequently, may not: o Engage in management or control of the State Council (therefore, may not vote or make decisions on daily administration of Council); o Endorse or allow the appearance of DoD endorsement of the State Council or its events, products, services, or enterprises; o Represent the State Council to third parties; or o Represent the State Council to the U.S. Government, as prohibited by federal criminal statutes. Make clear to the State Council that: o The opinions expressed by the representatives do not bind the DoD, or any DoD components to any action. o If included on State Council websites, all references to the representative by name or title must indicate that they are the DoD Military Representative as opposed to a Council member. o Notify the chain of command of issues requiring policy decisions or actions requested of the military community within the State. When called upon to act as the spokesperson for more than one installation: o Obtain feedback from the designated points of contact at each military installation within his or her responsibility. o Coordinate proposed input to the State Council with the appropriate points of contact for each military installation within his or her responsibility. o Act as a conduit for information between the State Council and each military installation within his or her responsibility. o Provide direct feedback through the chain of command to the applicable Service Assistant Secretary for Manpower and Reserve Affairs and to the appropriate points of contact for each military installation within his or her responsibility. As a reminder, DoD Joint Ethics Regulations apply to the role of the Military Representative to include: Represents DoD Interests (not the interests of the Council). Makes clear that opinions expressed do not bind DoD or an DoD component. Does not engage in management or control or endorsement of the State Council, including voting or make decisions on administration of the Council. If name or title is included on State Council website, all references shall indicate that it is the role of the military representative as opposed to a council member. PARTNERSHIP & RESOURCES DIVISION Page 9

Military Representative Responsibilities Military Representatives should be routinely informed of successes and challenges facing military families and their school age children. Information should be sought from those at military installations/commands throughout the State who routinely engage with military families and the school districts they attend. This includes, but is not limited to, the following: Military School Liaison Officers (SLO) Exceptional Family Member Program Coordinators (EFMP) Family Program Directors Child and Youth Service Directors Department of Defense Education Activity State appointed military educational specialists from the state departments of Veterans and Defense Affairs PARTNERSHIP & RESOURCES DIVISION Page 10

School Liaison Role and Support to the Military Representative School Liaisons play an important role in keeping Military Representatives informed of matters related to student transitions, educational outreach and local education policy. The nature of their position affords them opportunities to routinely engage local school division leaders and state leaders thereby sustaining the relationship that local Commands have with schools. A suggested best practice is to have the lead service branch within the state identify a School Liaison to gather information on educational matters affecting military connected students and their families throughout the state, and routinely share information with the Military Representative. PARTNERSHIP & RESOURCES DIVISION Page 11

Resources The Military Interstate Children s Compact Commission (MIC3) at http://www.mic3.net/ DoDI 1342.29, Interstate Compact on Educational Opportunity for Military Children at http://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/134229_dodi_2017.pdf School Liaison Officer (SLO) Listings at http://www.dodea.edu/partnership/schoolliaisonofficers.cfm The Pennsylvania State University, Clearinghouse for Military Family Readiness Module: Interstate Compact on Educational Opportunity for Military Children at http://schoolresources.militaryfamilies.psu.edu/ PARTNERSHIP & RESOURCES DIVISION Page 12

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The appearance of hyperlinks does not constitute endorsement by the Department of Defense Education Activity (DoDEA) of non-u.s. Government sites or the information, products, or services contained therein. Although DoDEA may or may not use these sites as additional distribution channels for Department of Defense information, it does not exercise editorial control over all of the information that you may find at these locations. Such links are provided consistent with the stated purpose of this document. Educational Partnership Division Department of Defense Education Activity 4800 Mark Center Drive Alexandria, VA 22350-1400 Phone: (571) 372-6026 Email: hq.partnership@hq.dodea.edu DEPARTMENT OF DEFENSE EDUCATION ACTIVITY