"NEW SECTION. Sec. 1 The interstate compact on educational
opportunity for military children is enacted and entered into by this
state with all other states legally joining the compact in the form
substantially as follows:
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:
(1) 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 educational records from the previous
school district or variations in entrance or age requirements;
(2) 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;
(3) Facilitating the qualification and eligibility for enrollment,
educational programs, and participation in extracurricular academic,
athletic, and social activities;
(4) Facilitating the on-time graduation of children of military
families;
(5) Providing for the adoption and enforcement of administrative
rules implementing the provisions of this compact;
(6) Providing for the uniform collection and sharing of information
between and among member states, schools, and military families under
this compact;
(7) Promoting coordination between this compact and other compacts
affecting military children; and
(8) Promoting flexibility and cooperation between the educational
system, parents, and the student in order to achieve educational
success for the student.
ARTICLE II
DEFINITIONS
As used in this compact, 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 pursuant to 10 U.S.C.
Secs. 1209 and 1211.
(2) "Children of military families" means school-aged children,
enrolled in kindergarten through twelfth grade, in the household of an
active duty member.
(3) "Compact commissioner" means the voting representative of each
compacting state appointed pursuant to article VIII of this compact.
(4) "Deployment" means the period one month before the service
members' departure from their home station on military orders through
six months after return to their home station.
(5) "Educational records" means those 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 evaluative tests,
health data, disciplinary status, test protocols, and individualized
education programs.
(6) "Extracurricular activities" means voluntary activities
sponsored by the school or local education agency or an organization
sanctioned by the local education agency. Extracurricular activities
include, but are not limited to, preparation for and involvement in
public performances, contests, athletic competitions, demonstrations,
displays, and club activities.
(7) "Interstate commission on educational opportunity for military
children" or "interstate commission" means the commission that is
created under article IX of this compact.
(8) "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.
(9) "Member state" means a state that has enacted this compact.
(10) "Military installation" means a base, camp, post, station,
yard, center, 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.
(11) "Nonmember state" means a state that has not enacted this
compact.
(12) "Receiving state" means the state to which a child of a
military family is sent, brought, or caused to be sent or brought.
(13) "Rule" means a written statement by the interstate commission
adopted pursuant to article XII of this compact that is of general
applicability, implements, interprets, or prescribes a policy or
provision of the compact, or an organizational, procedural, or practice
requirement of the interstate commission, and has the force and effect
of statutory law in a member state, and includes the amendment, repeal,
or suspension of an existing rule.
(14) "Sending state" means the state from which a child of a
military family is sent, brought, or caused to be sent or brought.
(15) "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.
(16) "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.
(17) "Transition" means (a) the formal and physical process of
transferring 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.
(18) "Uniformed services" means the army, navy, air force, marine
corps, and coast guard, as well as the commissioned corps of the
national oceanic and atmospheric administration, and public health
services.
(19) "Veteran" means a person who served in the uniformed services
and who was discharged or released therefrom under conditions other
than dishonorable.
ARTICLE III
APPLICABILITY
(1) Except as otherwise provided in this article, this compact
shall apply to the children of:
(a) Active duty members of the uniformed services as defined in
this compact, including members of the national guard and reserve on
active duty orders pursuant to 10 U.S.C. Secs. 1209 and 1211;
(b) 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
(c) Members of the uniformed services who die on active duty or as
a result of injuries sustained on active duty for a period of one year
after death.
(2) The provisions of this interstate compact shall only apply to
local education agencies as defined in this compact.
(3) The provisions of this compact shall not apply to the children
of:
(a) Inactive members of the national guard and military reserves;
(b) Members of the uniformed services now retired, except as
provided in subsection (1) of this article;
(c) Veterans of the uniformed services, except as provided in
subsection (1) of this article; and
(d) 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.
ARTICLE IV
EDUCATIONAL RECORDS AND ENROLLMENT
(1) Unofficial or hand-carried education records. In the event
that official educational 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
unofficial educational records containing uniform information as
determined by the interstate commission. Upon receipt of the
unofficial educational records by a school in the receiving state, the
school shall enroll and appropriately place the student based on the
information provided in the unofficial records pending validation by
the official records, as quickly as possible.
(2) Official educational records and transcripts. Simultaneous
with the enrollment and conditional placement of the student, the
school in the receiving state shall request the student's official
educational record from the school in the sending state. Upon receipt
of this request, the school in the sending state must process and
furnish the official educational records to the school in the receiving
state within ten days or within such time as is reasonably determined
under the rules adopted by the interstate commission.
(3) Immunizations. Compacting states shall give thirty days from
the date of enrollment or within such time as is reasonably determined
under the rules adopted by the interstate commission for students to
obtain any immunizations required by the receiving state. For a series
of immunizations, initial vaccinations must be obtained within thirty
days or within such time as is reasonably determined under the rules
adopted by the interstate commission.
(4) Kindergarten and first grade entrance age. Students shall be
allowed to continue their enrollment at grade level in the receiving
state commensurate with their 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 school in the receiving state on his or her validated
level from an accredited school in the sending state.
ARTICLE V
PLACEMENT AND ATTENDANCE
(1) Course placement. When the student transfers before or during
the school year, the receiving state school shall initially honor
placement of the student in educational courses based on the student's
enrollment in the sending state school and educational assessments
conducted at the school in the sending state if the courses are
offered. Course placement includes but is not limited to honors,
international baccalaureate, advanced placement, vocational, technical,
and career pathways courses. Continuing the student's academic program
from the previous school and promoting placement in academically and
career challenging courses should be paramount when considering
placement. Schools shall conduct immediate and subsequent evaluations
to ensure appropriate placement in the best interest of the child's
educational advancement.
(2) Educational program placement. The receiving state school
shall initially honor placement of the student in educational programs
based on current educational assessments conducted at the school in the
sending state or participation and placement in like programs in the
sending state. Such programs include, but are not limited to: (a)
Gifted and talented programs; and (b) English as a second language
(ESL). Schools shall conduct immediate and subsequent evaluations to
ensure appropriate placement in the best interest of the child's
educational advancement.
(3) Special education services. (a) In compliance with the federal
requirements of the individuals with disabilities education act (IDEA),
20 U.S.C.A. Sec. 1400 et seq., the receiving state shall initially
provide comparable services to a student with disabilities based on his
or her current individualized education program (IEP); and (b) in
compliance with the requirements of section 504 of the federal
rehabilitation act, 29 U.S.C. Sec. 794, and with Title II of the
Americans with disabilities act, 42 U.S.C. Secs. 12131 through 12165,
the receiving state shall make reasonable accommodations and
modifications to address the needs of incoming students with
disabilities, subject to an existing 504 or Title II plan, to provide
the student with equal access to education. Schools shall conduct
immediate and subsequent evaluations to ensure appropriate placement in
the best interest of the child's educational advancement.
(4) Placement flexibility. Local education agency administrative
officials shall have flexibility in waiving course and program
prerequisites, or other preconditions for placement in courses and
programs offered under the jurisdiction of the local education agency.
(5) Absence as related to deployment activities. A student whose
parent or legal guardian is an active duty member of the uniformed
services, as defined by this compact, and has been called to duty for,
is on leave from, or immediately returned from deployment to a combat
zone or combat support posting, shall be granted additional excused
absences at the discretion of the local education agency superintendent
to visit with his or her parent or legal guardian relative to such
leave or deployment of the parent or guardian.
ARTICLE VI
ELIGIBILITY
(1) Eligibility for enrollment.
(a) Special power of attorney, relative to the guardianship of a
child of a military family and executed under applicable law, shall be
sufficient for the purposes of enrollment and all other actions
requiring parental participation and consent.
(b) A local education agency shall be prohibited from charging
local tuition to a transitioning military child placed in the care of
a noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent.
(c) A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis who lives
in a jurisdiction other than that of the custodial parent, may continue
to attend the school in which he or she was enrolled while residing
with the custodial parent.
(2) Eligibility for extracurricular participation. State and local
education agencies shall facilitate the opportunity for transitioning
military children's inclusion in extracurricular activities, regardless
of application deadlines, to the extent they are otherwise qualified.
ARTICLE VII
GRADUATION
In order to facilitate the on-time graduation of children of
military families, states and local education agencies shall
incorporate the following procedures:
(1) Waiver requirements. Local education agency administrative
officials shall waive specific courses required for graduation if
similar coursework has been satisfactorily completed in another local
education agency or shall provide reasonable justification for denial.
Should a waiver not be granted to a student who would qualify to
graduate from the sending school, the local education agency shall
provide an alternative means of acquiring required coursework so that
graduation may occur on time.
(2) Exit exams. States shall accept: (a) Exit or end-of-course
exams required for graduation from the sending state; or (b) national
norm-referenced achievement tests; or (c) alternative testing, in lieu
of testing requirements for graduation in the receiving state. In the
event the alternatives in this subsection (2) cannot be accommodated by
the receiving state for a student transferring in his or her senior
year, then the provisions of subsection (3) of this article shall
apply.
(3) Transfers during senior year. Should a military student
transferring at the beginning or during his or her senior year be
ineligible to graduate from the receiving local education agency after
all alternatives have been considered, the sending and receiving local
education agencies shall ensure the receipt of a diploma from the
sending local education agency, if the student meets the graduation
requirements of the sending local education agency. In the event that
one of the states in question is not a member of this compact, the
member state shall use best efforts to facilitate the on-time
graduation of the student in accordance with subsections (1) and (2) of
this article.
ARTICLE VIII
STATE COORDINATION
(1) 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, this compact and interstate
commission activities. While each member state may determine the
membership of its own state council, its membership must include at
least: The superintendent of public instruction, the superintendent of
a school district with a high concentration of military children, a
representative from a military installation, one representative from
each of the two major caucuses of the senate, one representative from
each of the two major caucuses of the house of representatives, one
representative from the executive branch of government, and other
offices and stakeholder groups the state council deems appropriate. A
member state that does not have a school district deemed to contain a
high concentration of military children may appoint a superintendent
from another school district to represent local education agencies on
the state council.
(2) The state council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
compact.
(3) The compact commissioner responsible for the administration and
management of the state's participation in this compact shall be
appointed by the governor or as otherwise determined by each member
state.
(4) The compact commissioner and the military family education
liaison designated under this article shall be ex officio members of
the state council, unless either is already a full voting member of the
state council.
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the "interstate commission on
educational opportunity for military children." The activities of the
interstate commission are the formation of public policy and are a
discretionary state function. The interstate commission shall be as
provided in this article.
(1) The interstate commission shall be a body corporate and joint
agency of the member states and shall have all the responsibilities,
powers, and duties set forth in this article, and such additional
powers as may be conferred upon it by a subsequent concurrent action of
the respective legislatures of the member states in accordance with the
terms of this compact.
(2) The interstate commission shall consist of one interstate
commission voting representative from each member state who shall be
that state's compact commissioner.
(a) Each member state represented at a meeting of the interstate
commission is entitled to one vote.
(b) A majority of the total member states shall constitute a quorum
for the transaction of business, unless a larger quorum is required by
the bylaws of the interstate commission.
(c) A representative shall not delegate a vote to another member
state. In the event the compact commissioner is unable to attend a
meeting of the interstate commission, the governor or state council may
delegate voting authority to another person from their state for a
specified meeting.
(d) The bylaws may provide for meetings of the interstate
commission to be conducted by telecommunication or electronic
communication.
(3) The interstate commission shall consist of ex officio,
nonvoting representatives who are members of interested organizations.
Such ex officio members, as defined in the bylaws, may include, but not
be limited to, members of the representative organizations of military
family advocates, local education agency officials, parent and teacher
groups, the United States department of defense, the education
commission of the states, the interstate agreement on the qualification
of educational personnel, and other interstate compacts affecting the
education of children of military members.
(4) The interstate commission shall meet at least once each
calendar year. The chairperson may call additional meetings and, upon
the request of a simple majority of the member states, shall call
additional meetings.
(5) The interstate commission shall establish an executive
committee, whose members shall include the officers of the interstate
commission and such other members of the interstate commission as
determined by the bylaws. Members of the executive committee shall
serve a one-year term. Members of the executive committee shall be
entitled to one vote each. The executive committee shall have the
power to act on behalf of the interstate commission, with the exception
of rule making, during periods when the interstate commission is not in
session. The executive committee shall oversee the day-to-day
activities of the administration of the compact including enforcement
and compliance with the provisions of the compact, its bylaws and
rules, and other such duties as deemed necessary. The United States
department of defense shall serve as an ex officio, nonvoting member of
the executive committee.
(6) The interstate commission shall establish bylaws and rules that
provide for conditions and procedures under which the interstate
commission shall make its information and official records available to
the public for inspection or copying. The interstate commission may
exempt from disclosure information or official records to the extent
they would adversely affect personal privacy rights or proprietary
interests.
(7) Public notice shall be given by the interstate commission of
all meetings and all meetings shall be open to the public, except as
set forth in the rules or as otherwise provided in this compact. The
interstate commission and its committees may close a meeting, or
portion thereof, where it determines by two-thirds vote that an open
meeting would be likely to:
(a) Relate solely to the interstate commission's internal personnel
practices and procedures;
(b) Disclose matters specifically exempted from disclosure by
federal and state statute;
(c) Disclose trade secrets or commercial or financial information
that is privileged or confidential;
(d) Involve accusing a person of a crime, or formally censuring a
person;
(e) Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
(f) Disclose investigative records compiled for law enforcement
purposes; or
(g) Specifically relate to the interstate commission's
participation in a civil action or other legal proceeding.
(8) For a meeting, or portion of a meeting, closed pursuant to
subsection (7) of this article, the interstate commission's legal
counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exemptible provision. The interstate
commission shall keep minutes that shall fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefore, including a
description of the views expressed and the record of a roll call vote.
All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release by a majority vote
of the interstate commission.
(9) The interstate commission shall collect standardized data
concerning the educational transition of the children of military
families under this compact as directed through its rules that shall
specify the data to be collected, the means of collection, and data
exchange and reporting requirements. Such methods of data collection,
exchange, and reporting shall, insofar as is reasonably possible,
conform to current technology and coordinate its information functions
with the appropriate custodian of records as identified in the bylaws
and rules.
(10) The interstate commission shall create a process that permits
military officials, education officials, and parents to inform the
interstate commission if and when there are alleged violations of this
compact or its rules or when issues subject to the jurisdiction of this
compact or its rules are not addressed by the state or local education
agency. This subsection shall not be construed to create a private
right of action against the interstate commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(1) To provide for dispute resolution among member states;
(2) To adopt rules and take all necessary actions to effect the
goals, purposes, and obligations as enumerated in this compact. The
rules shall have the force and effect of statutory law and shall be
binding in the compact states to the extent and in the manner provided
in this compact;
(3) To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact, its
bylaws, rules, and actions;
(4) To enforce compliance with the compact provisions, the rules
adopted by the interstate commission, and the bylaws, using all
necessary and proper means, including but not limited to the use of
judicial process;
(5) To establish and maintain offices that shall be located within
one or more of the member states;
(6) To purchase and maintain insurance and bonds;
(7) To borrow, accept, hire, or contract for services of personnel;
(8) To establish and appoint committees including, but not limited
to, an executive committee as required by article IX(3) of this
compact, which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties under this compact;
(9) To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties, and determine their qualifications; and to establish the
interstate commission's personnel policies and programs relating to
conflicts of interest, rates of compensation, and qualifications of
personnel;
(10) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize,
and dispose of it;
(11) To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use any property, real, personal,
or mixed;
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, real, personal, or mixed;
(13) To establish a budget and make expenditures;
(14) To adopt a seal and bylaws governing the management and
operation of the interstate commission;
(15) To report annually to the legislatures, governors, judiciary,
and state councils of the member states concerning the activities of
the interstate commission during the preceding year. Such reports
shall also include any recommendations that may have been adopted by
the interstate commission;
(16) To coordinate education, training, and public awareness
regarding the compact, its implementation, and operation for officials
and parents involved in such activity;
(17) To establish uniform standards for the reporting, collecting,
and exchanging of data;
(18) To maintain corporate books and records in accordance with the
bylaws;
(19) To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact; and
(20) To provide for the uniform collection and sharing of
information between and among member states, schools, and military
families under this compact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(1) The interstate commission shall, by a majority of the members
present and voting, within twelve months after the first interstate
commission meeting, adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of this compact,
including, but not limited to:
(a) Establishing the fiscal year of the interstate commission;
(b) Establishing an executive committee, and such other committees
as may be necessary;
(c) Providing for the establishment of committees and for governing
any general or specific delegation of authority or function of the
interstate commission;
(d) Providing reasonable procedures for calling and conducting
meetings of the interstate commission, and ensuring reasonable notice
of each such meeting;
(e) Establishing the titles and responsibilities of the officers
and staff of the interstate commission;
(f) Providing a mechanism for concluding the operations of the
interstate commission and the return of surplus funds that may exist
upon the termination of this compact after the payment and reserving of
all of its debts and obligations; and
(g) Providing start-up rules for initial administration of the
compact.
(2) The interstate commission shall, by a majority of the members,
elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority
and duties as may be specified in the bylaws. The chairperson or, in
the chairperson's absence or disability, the vice-chairperson, shall
preside at all meetings of the interstate commission. The officers so
elected shall serve without compensation or remuneration from the
interstate commission: PROVIDED, That subject to the availability of
budgeted funds, the officers shall be reimbursed for ordinary and
necessary costs and expenses incurred by them in the performance of
their responsibilities as officers of the interstate commission.
(3) Executive committee, officers, and personnel. The executive
committee shall have such authority and duties as may be set forth in
the bylaws, including but not limited to:
(a) Managing the affairs of the interstate commission in a manner
consistent with the bylaws and purposes of the interstate commission;
(b) Overseeing an organizational structure within, and appropriate
procedures for the interstate commission to provide for the creation of
rules, operating procedures, and administrative and technical support
functions; and
(c) Planning, implementing, and coordinating communications and
activities with other state, federal, and local government
organizations in order to advance the goals of the interstate
commission.
(4) The executive committee may, subject to the approval of the
interstate commission, appoint or retain an executive director for such
period, upon such terms and conditions and for such compensation as the
interstate commission may deem appropriate. The executive director
shall serve as secretary to the interstate commission, but shall not be
a member of the interstate commission. The executive director shall
hire and supervise such other persons as may be authorized by the
interstate commission.
(5) The interstate commission's executive director and its
employees shall be immune from suit and liability, either personally or
in their official capacity, for a claim for damage to or loss of
property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing
occurred, within the scope of interstate commission employment, duties,
or responsibilities: PROVIDED, That such person shall not be protected
from suit or liability for damage, loss, injury, or liability caused by
the intentional or willful and wanton misconduct of such person.
(a) The liability of the interstate commission's executive director
and employees or interstate commission representatives, acting within
the scope of such person's employment or duties for acts, errors, or
omissions occurring within such person's state may not exceed the
limits of liability set forth under the constitution and laws of that
state for state officials, employees, and agents. The interstate
commission is considered to be an instrumentality of the states for the
purposes of any such action. This subsection shall not be construed to
protect such person from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of
such person.
(b) The interstate commission shall defend the executive director
and its employees and, subject to the approval of the attorney general
or other appropriate legal counsel of the member state represented by
an interstate commission representative, shall defend such interstate
commission representative in any civil action seeking to impose
liability arising out of an actual or alleged act, error, or omission
that occurred within the scope of interstate commission employment,
duties, or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of interstate commission
employment, duties, or responsibilities: PROVIDED, That the actual or
alleged act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such person.
(c) To the extent not covered by the state involved, member state,
or the interstate commission, the representatives or employees of the
interstate commission shall be held harmless in the amount of a
settlement or judgment, including attorneys' fees and costs, obtained
against such persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of interstate commission
employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of interstate
commission employment, duties, or responsibilities: PROVIDED, That the
actual or alleged act, error, or omission did not result from
intentional or willful and wanton misconduct on the part of such
persons.
ARTICLE XII
RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(1) Rule-making Authority. The interstate commission shall adopt
reasonable rules in order to effectively and efficiently achieve the
purposes of this compact. Notwithstanding the foregoing, in the event
the interstate commission exercises its rule-making authority in a
manner that is beyond the scope of the purposes of this compact, or the
powers granted in the compact, then such an action by the interstate
commission shall be invalid and have no force or effect.
(2) Rule-making Procedure. Rules shall be made pursuant to a rule-making process that substantially conforms to the "model state
administrative procedure act," of 1981 Act, Uniform Laws Annotated,
Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations
of the interstate commission.
(3) Not later than thirty days after a rule is adopted, any person
may file a petition for judicial review of the rule: PROVIDED, That
the filing of such a petition shall not stay or otherwise prevent the
rule from becoming effective unless the court finds that the petitioner
has a substantial likelihood of success. The court shall give
deference to the actions of the interstate commission consistent with
applicable law and shall not find the rule to be unlawful if the rule
represents a reasonable exercise of the interstate commission's
authority.
(4) If a majority of the legislatures of the compacting states
rejects a rule by enactment of a statute or resolution in the same
manner used to adopt the compact, then such rule shall have no further
force and effect in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
(1) Oversight.
(a) The executive, legislative, and judicial branches of state
government in each member state shall enforce this compact and shall
take all actions necessary and appropriate to effectuate the compact's
purposes and intent. The provisions of this compact and the rules
adopted under it shall have standing as statutory law.
(b) All courts shall take judicial notice of the compact and the
rules in any judicial or administrative proceeding in a member state
pertaining to the subject matter of this compact that may affect the
powers, responsibilities, or actions of the interstate commission.
(c) The interstate commission shall be entitled to receive all
service of process in any such proceeding, and shall have standing to
intervene in the proceeding for all purposes. Failure to provide
service of process to the interstate commission shall render a judgment
or order void as to the interstate commission, this compact, or adopted
rules.
(2) Default, technical assistance, suspension, and termination. If
the interstate commission determines that a member state has defaulted
in the performance of its obligations or responsibilities under this
compact, or the bylaws or adopted rules:
(a) The interstate commission shall provide written notice to the
defaulting state and other member states, of the nature of the default,
the means of curing the default, and any action taken by the interstate
commission. The interstate commission shall specify the conditions by
which the defaulting state must cure its default;
(b) The interstate commission shall provide remedial training and
specific technical assistance regarding the default;
(c) If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the member states and all rights,
privileges, and benefits conferred by this compact shall be terminated
from the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred
during the period of the default;
(d) Suspension or termination of membership in the compact shall be
imposed only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given by
the interstate commission to the governor, the majority and minority
leaders of the defaulting state's legislature, and each of the member
states;
(e) The state that has been suspended or terminated is responsible
for all assessments, obligations, and liabilities incurred through the
effective date of suspension or termination including obligations, the
performance of which extends beyond the effective date of suspension or
termination;
(f) The interstate commission shall not bear any costs relating to
any state that has been found to be in default or that has been
suspended or terminated from the compact, unless otherwise mutually
agreed upon in writing between the interstate commission and the
defaulting state;
(g) The defaulting state may appeal the action of the interstate
commission by petitioning the United States district court for the
District of Columbia or the federal district where the interstate
commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation including reasonable attorneys'
fees.
(3) Dispute Resolution.
(a) The interstate commission shall attempt, upon the request of a
member state, to resolve disputes that are subject to the compact and
that may arise among member states and between member and nonmember
states.
(b) The interstate commission shall adopt a rule providing for both
mediation and binding dispute resolution for disputes as appropriate.
(4) Enforcement.
(a) The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
(b) The interstate commission may, by majority vote of the members,
initiate legal action in the United States district court for the
District of Columbia or, at the discretion of the interstate
commission, in the federal district where the interstate commission has
its principal offices, to enforce compliance with the provisions of the
compact, its adopted rules, and bylaws, against a member state in
default. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary the prevailing
party shall be awarded all costs of such litigation including
reasonable attorneys' fees.
(c) The remedies in this compact shall not be the exclusive
remedies of the interstate commission. The interstate commission may
avail itself of any other remedies available under state law or the
regulation of a profession.
ARTICLE XIV
FINANCING OF THE INTERSTATE COMMISSION
(1) The interstate commission shall pay, or provide for the payment
of the reasonable expenses of its establishment, organization, and
ongoing activities.
(2) The interstate commission may levy on and collect an annual
assessment from each member state to cover the cost of the operations
and activities of the interstate commission and its staff that must be
in a total amount sufficient to cover the interstate commission's
annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the
interstate commission, which shall adopt a rule binding upon all member
states.
(3) The interstate commission shall not incur obligations of any
kind before securing the funds adequate to meet the same; nor shall the
interstate commission pledge the credit of any of the member states,
except by and with the authority of the member state.
(4) The interstate commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
interstate commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the interstate commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the annual
report of the interstate commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
(1) Any state is eligible to become a member state.
(2) The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than ten of the states.
The effective date shall be no earlier than December 1, 2008.
Thereafter it shall become effective and binding as to any other member
state upon enactment of the compact into law by that state. The
governors of nonmember states or their designees shall be invited to
participate in the activities of the interstate commission on a
nonvoting basis prior to adoption of the compact by all states.
(3) The interstate commission may propose amendments to the compact
for enactment by the member states. No amendment shall become
effective and binding upon the interstate commission and the member
states unless and until it is enacted into law by unanimous consent of
the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
(1) Withdrawal.
(a) Once effective, the compact shall continue in force and remain
binding upon each and every member state: PROVIDED, That a member
state may withdraw from the compact by specifically repealing the
statute that enacted the compact into law.
(b) Withdrawal from this compact shall be by the enactment of a
statute repealing it, but shall not take effect until one year after
the effective date of such statute and until written notice of the
withdrawal has been given by the withdrawing state to the governor of
each other member jurisdiction.
(c) The withdrawing state shall immediately notify the chairperson
of the interstate commission in writing upon the introduction of
legislation repealing this compact in the withdrawing state. The
interstate commission shall notify the other member states of the
withdrawing state's intent to withdraw within sixty days of its receipt
of the notice of intent to withdraw.
(d) The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
withdrawal, including obligations, the performance of which extend
beyond the effective date of withdrawal.
(e) Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting the compact or upon such
later date as determined by the interstate commission.
(2) Dissolution of compact.
(a) This compact shall dissolve effective upon the date of the
withdrawal or default of the member state that reduces the membership
in the compact to one member state.
(b) Upon the dissolution of this compact, the compact becomes null
and void and shall be of no further force or effect, and the business
and affairs of the interstate commission shall be concluded and surplus
funds shall be distributed in accordance with the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
(1) The provisions of this compact shall be severable, and if any
phrase, clause, sentence, or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
(2) The provisions of this compact shall be liberally construed to
effectuate its purposes.
(3) Nothing in this compact shall be construed to prohibit the
applicability of other interstate compacts to which the states are
members.
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
(1) Other Laws.
(a) Nothing in this compact prevents the enforcement of any other
law of a member state that is not inconsistent with this compact.
(b) All member states' laws conflicting with this compact are
superseded to the extent of the conflict.
(2) Binding effect of the compact.
(a) All lawful actions of the interstate commission, including all
rules and bylaws adopted by the interstate commission, are binding upon
the member states.
(b) All agreements between the interstate commission and the member
states are binding in accordance with their terms.
(c) In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member state,
such provision shall be ineffective to the extent of the conflict with
the constitutional provision in question in that member state.
Sec. 2 RCW 28A.210.080 and 2007 c 276 s 1 are each amended to
read as follows:
(1) The attendance of every child at every public and private
school in the state and licensed day care center shall be conditioned
upon the presentation before or on each child's first day of attendance
at a particular school or center, of proof of either (a) full
immunization, (b) the initiation of and compliance with a schedule of
immunization, as required by rules of the state board of health, or (c)
a certificate of exemption as provided for in RCW 28A.210.090. The
attendance at the school or the day care center during any subsequent
school year of a child who has initiated a schedule of immunization
shall be conditioned upon the presentation of proof of compliance with
the schedule on the child's first day of attendance during the
subsequent school year. Once proof of full immunization or proof of
completion of an approved schedule has been presented, no further proof
shall be required as a condition to attendance at the particular school
or center.
(2)(a) Beginning with sixth grade entry, every public and private
school in the state shall provide parents and guardians with
information about meningococcal disease and its vaccine at the
beginning of every school year. The information about meningococcal
disease shall include:
(i) Its causes and symptoms, how meningococcal disease is spread,
and the places where parents and guardians may obtain additional
information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for
disease control and prevention regarding the receipt of vaccines for
meningococcal disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the
department of health or the school to provide meningococcal vaccination
to students.
(c) The department of health shall prepare the informational
materials and shall consult with the office of superintendent of public
instruction.
(d) This subsection does not create a private right of action.
(3)(a) Beginning with sixth grade entry, every public school in the
state shall provide parents and guardians with information about human
papillomavirus disease and its vaccine at the beginning of every school
year. The information about human papillomavirus disease shall
include:
(i) Its causes and symptoms, how human papillomavirus disease is
spread, and the places where parents and guardians may obtain
additional information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for
disease control and prevention regarding the receipt of vaccines for
human papillomavirus disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the
department of health or the school to provide human papillomavirus
vaccination to students.
(c) The department of health shall prepare the informational
materials and shall consult with the office of the superintendent of
public instruction.
(d) This subsection does not create a private right of action.
(4) Private schools are required by state law to notify parents
that information on the human papillomavirus disease prepared by the
department of health is available.
(5) This section does not apply to students subject to the
interstate compact on educational opportunity for military children,
chapter 28A.--- RCW (section 1 of this act).
Sec. 3 RCW 28A.210.320 and 2006 c 263 s 911 are each amended to
read as follows:
(1) The attendance of every child at every public school in the
state shall be conditioned upon the presentation before or on each
child's first day of attendance at a particular school of a medication
or treatment order addressing any life-threatening health condition
that the child has that may require medical services to be performed at
the school. Once such an order has been presented, the child shall be
allowed to attend school.
(2) The chief administrator of every public school shall prohibit
the further presence at the school for any and all purposes of each
child for whom a medication or treatment order has not been provided in
accordance with this section if the child has a life-threatening health
condition that may require medical services to be performed at the
school and shall continue to prohibit the child's presence until such
order has been provided. The exclusion of a child from a school shall
be accomplished in accordance with rules of the state board of
education. Before excluding a child, each school shall provide written
notice to the parents or legal guardians of each child or to the adults
in loco parentis to each child, who is not in compliance with the
requirements of this section. The notice shall include, but not be
limited to, the following: (a) The requirements established by this
section; (b) the fact that the child will be prohibited from further
attendance at the school unless this section is complied with; and (c)
such procedural due process rights as are established pursuant to this
section.
(3) The superintendent of public instruction in consultation with
the state board of health shall adopt rules under chapter 34.05 RCW
that establish the procedural and substantive due process requirements
governing the exclusion of children from public schools under this
section. The rules shall include any requirements under applicable
federal laws.
(4) ((As used in this section,)) This section does not apply to
students subject to the interstate compact on educational opportunity
for military children, chapter 28A.--- RCW (section 1 of this act).
(5) The definitions in this subsection apply throughout this
section.
(a) "Life-threatening condition" means a health condition that will
put the child in danger of death during the school day if a medication
or treatment order and a nursing plan are not in place.
(((5) As used in this section,)) (b) "Medication or treatment
order" means the authority a registered nurse obtains under RCW
18.79.260(2).
Sec. 4 RCW 28A.225.015 and 1999 c 319 s 6 are each amended to
read as follows:
(1) If a parent enrolls a child who is six or seven years of age in
a public school, the child is required to attend and that parent has
the responsibility to ensure the child attends for the full time that
school is in session. An exception shall be made to this requirement
for children whose parents formally remove them from enrollment if the
child is less than eight years old and a petition has not been filed
against the parent under subsection (3) of this section. The
requirement to attend school under this subsection does not apply to a
child enrolled in a public school part-time for the purpose of
receiving ancillary services. A child required to attend school under
this subsection may be temporarily excused upon the request of his or
her parent for purposes agreed upon by the school district and parent.
(2) If a six or seven year-old child is required to attend public
school under subsection (1) of this section and that child has
unexcused absences, the public school in which the child is enrolled
shall:
(a) Inform the child's custodial parent, parents, or guardian by a
notice in writing or by telephone whenever the child has failed to
attend school after one unexcused absence within any month during the
current school year;
(b) Request a conference or conferences with the custodial parent,
parents, or guardian and child at a time reasonably convenient for all
persons included for the purpose of analyzing the causes of the child's
absences after two unexcused absences within any month during the
current school year. If a regularly scheduled parent-teacher
conference day is to take place within thirty days of the second
unexcused absence, then the school district may schedule this
conference on that day; and
(c) Take steps to eliminate or reduce the child's absences. These
steps shall include, where appropriate, adjusting the child's school
program or school or course assignment, providing more individualized
or remedial instruction, offering assistance in enrolling the child in
available alternative schools or programs, or assisting the parent or
child to obtain supplementary services that may help eliminate or
ameliorate the cause or causes for the absence from school.
(3) If a child required to attend public school under subsection
(1) of this section has seven unexcused absences in a month or ten
unexcused absences in a school year, the school district shall file a
petition for civil action as provided in RCW 28A.225.035 against the
parent of the child.
(4) This section does not require a six or seven year old child to
enroll in a public or private school or to receive home-based
instruction. This section only applies to six or seven year old
children whose parents enroll them full time in public school and do
not formally remove them from enrollment as provided in subsection (1)
of this section.
(5) This section does not apply to students subject to the
interstate compact on educational opportunity for military children,
chapter 28A.--- RCW (section 1 of this act), to the extent that this
section conflicts with that chapter.
Sec. 5 RCW 28A.225.160 and 2006 c 263 s 703 are each amended to
read as follows:
Except as otherwise provided by law, it is the general policy of
the state that the common schools shall be open to the admission of all
persons who are five years of age and less than twenty-one years
residing in that school district. Except as otherwise provided by law
((or)), in rules adopted by the superintendent of public instruction,
or as provided in the interstate compact on educational opportunity for
military children, chapter 28A.--- RCW (section 1 of this act),
districts may establish uniform entry qualifications, including but not
limited to birth date requirements, for admission to kindergarten and
first grade programs of the common schools. Such rules may provide for
exceptions based upon the ability, or the need, or both, of an
individual student and shall also comply with the requirements of
chapter 28A.--- RCW (section 1 of this act). For the purpose of
complying with any rule adopted by the superintendent of public
instruction that authorizes a preadmission screening process as a
prerequisite to granting exceptions to the uniform entry
qualifications, a school district may collect fees to cover expenses
incurred in the administration of any preadmission screening process:
PROVIDED, That in so establishing such fee or fees, the district shall
adopt regulations for waiving and reducing such fees in the cases of
those persons whose families, by reason of their low income, would have
difficulty in paying the entire amount of such fees.
Sec. 6 RCW 28A.225.210 and 1990 c 33 s 235 are each amended to
read as follows:
Every school district shall admit on a tuition free basis all
persons of school age who reside within this state, and do not reside
within another school district carrying the grades for which they are
eligible to enroll((: PROVIDED, That nothing in)); and all persons of
school age who are subject to the interstate compact on educational
opportunity for military children, chapter 28A.--- RCW (section 1 of
this act). This section shall not be construed as affecting RCW
28A.225.220 or 28A.225.250.
Sec. 7 RCW 28A.225.225 and 2003 c 36 s 1 are each amended to read
as follows:
(1) Except for students who reside out-of-state, a district shall
accept applications from nonresident students who are the children of
full-time certificated and classified school employees, and those
children shall be permitted to enroll:
(a) At the school to which the employee is assigned; or
(b) At a school forming the district's K through 12 continuum which
includes the school to which the employee is assigned.
(2) A district may reject applications under this section if:
(a) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership;
(b) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(2)(b) must apply uniformly to both resident and nonresident
applicants; or
(c) Enrollment of a child under this section would displace a child
who is a resident of the district, except that if a child is admitted
under subsection (1) of this section, that child shall be permitted to
remain enrolled at that school, or in that district's kindergarten
through twelfth grade continuum, until he or she has completed his or
her schooling.
(3) Except as provided in subsection (1) of this section, and
chapter 28A.--- RCW (section 1 of this act), all districts accepting
applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall
consider equally all applications received. Each school district shall
adopt a policy establishing rational, fair, and equitable standards for
acceptance and rejection of applications by June 30, 1990. The policy
may include rejection of a nonresident student if:
(a) Acceptance of a nonresident student would result in the
district experiencing a financial hardship;
(b) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership; or
(c) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(3)(c) must apply uniformly to both resident and nonresident
applicants.
For purposes of subsections (2)(a) and (3)(b) of this section,
"gang" means a group which: (i) Consists of three or more persons;
(ii) has identifiable leadership; and (iii) on an ongoing basis,
regularly conspires and acts in concert mainly for criminal purposes.
(4) The district shall provide to applicants written notification
of the approval or denial of the application in a timely manner. If
the application is rejected, the notification shall include the reason
or reasons for denial and the right to appeal under RCW 28A.225.230(3).
Sec. 8 RCW 28A.225.280 and 2006 c 263 s 903 are each amended to
read as follows:
Eligibility of transfer students under RCW 28A.225.220 and
28A.225.225 and students subject to chapter 28A.--- RCW (section 1 of
this act) for participation in extracurricular activities shall be
subject to rules adopted by the Washington interscholastic activities
association.
Sec. 9 RCW 28A.225.330 and 2006 c 263 s 805 are each amended to
read as follows:
(1) When enrolling a student who has attended school in another
school district, the school enrolling the student may request the
parent and the student to briefly indicate in writing whether or not
the student has:
(a) Any history of placement in special educational programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent behavior, or behavior listed in RCW
13.04.155;
(d) Any unpaid fines or fees imposed by other schools; and
(e) Any health conditions affecting the student's educational
needs.
(2) The school enrolling the student shall request the school the
student previously attended to send the student's permanent record
including records of disciplinary action, history of violent behavior
or behavior listed in RCW 13.04.155, attendance, immunization records,
and academic performance. If the student has not paid a fine or fee
under RCW 28A.635.060, or tuition, fees, or fines at approved private
schools the school may withhold the student's official transcript, but
shall transmit information about the student's academic performance,
special placement, immunization records, records of disciplinary
action, and history of violent behavior or behavior listed in RCW
13.04.155. If the official transcript is not sent due to unpaid
tuition, fees, or fines, the enrolling school shall notify both the
student and parent or guardian that the official transcript will not be
sent until the obligation is met, and failure to have an official
transcript may result in exclusion from extracurricular activities or
failure to graduate.
(3) If information is requested under subsection (2) of this
section, the information shall be transmitted within two school days
after receiving the request and the records shall be sent as soon as
possible. Any school district or district employee who releases the
information in compliance with this section is immune from civil
liability for damages unless it is shown that the school district
employee acted with gross negligence or in bad faith. The professional
educator standards board shall provide by rule for the discipline under
chapter 28A.410 RCW of a school principal or other chief administrator
of a public school building who fails to make a good faith effort to
assure compliance with this subsection.
(4) Any school district or district employee who releases the
information in compliance with federal and state law is immune from
civil liability for damages unless it is shown that the school district
or district employee acted with gross negligence or in bad faith.
(5) When a school receives information under this section or RCW
13.40.215 that a student has a history of disciplinary actions,
criminal or violent behavior, or other behavior that indicates the
student could be a threat to the safety of educational staff or other
students, the school shall provide this information to the student's
teachers and security personnel.
(6) For students who are subject to the interstate compact on
educational opportunity for military children, chapter 28A.--- RCW
(section 1 of this act), this section applies only to the extent it
does not conflict with that chapter.
Sec. 10 RCW 28A.230.040 and 2006 c 263 s 415 are each amended to
read as follows:
Every pupil attending grades one through eight of the public
schools shall receive instruction in physical education as prescribed
by rule of the superintendent of public instruction((: PROVIDED,
That)). Individual pupils or students may be excused on account of
physical disability, religious belief, or participation in directed
athletics. Individual pupils or students who have received a waiver
under Article VII(1) of section 1 of this act are exempt from this
section.
Sec. 11 RCW 28A.230.050 and 2006 c 263 s 416 are each amended to
read as follows:
All high schools of the state shall emphasize the work of physical
education, and carry into effect all physical education requirements
established by rule of the superintendent of public instruction((:
PROVIDED, That)). Individual students may be excused from
participating in physical education otherwise required under this
section on account of physical disability, employment, or religious
belief, or because of participation in directed athletics or military
science and tactics or for other good cause. Individual students who
have received a waiver under Article VII(1) of section 1 of this act
are exempt from this section.
Sec. 12 RCW 28A.230.060 and 1991 c 116 s 7 are each amended to
read as follows:
Students in the twelfth grade who have not completed a course of
study in Washington's history and state government because of previous
residence outside the state may have the requirement in RCW 28A.230.090
waived by their principal. Individual students who have received a
waiver under Article VII(1) of section 1 of this act are exempt from
this section.
Sec. 13 RCW 28A.230.090 and 2006 c 114 s 3 are each amended to
read as follows:
(1) The state board of education shall establish high school
graduation requirements or equivalencies for students, except those
equivalencies established by local high schools or school districts
under RCW 28A.230.097. For students who are subject to the interstate
compact on educational opportunity for military children, chapter
28A.--- RCW (section 1 of this act), this section applies only to the
extent it does not conflict with that chapter.
(a) Any course in Washington state history and government used to
fulfill high school graduation requirements shall consider including
information on the culture, history, and government of the American
Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under RCW
28A.655.061 or the certificate of individual achievement requirements
under RCW 28A.155.045 are required for graduation from a public high
school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the state board's
high school graduation requirements for a high school and beyond plan
shall remain at the local level.
(2) In recognition of the statutory authority of the state board of
education to establish and enforce minimum high school graduation
requirements, the state board shall periodically reevaluate the
graduation requirements and shall report such findings to the
legislature in a timely manner as determined by the state board. The
state board shall reevaluate the graduation requirements for students
enrolled in vocationally intensive and rigorous career and technical
education programs, particularly those programs that lead to a
certificate or credential that is state or nationally recognized. The
purpose of the evaluation is to ensure that students enrolled in these
programs have sufficient opportunity to earn a certificate of academic
achievement, complete the program and earn the program's certificate or
credential, and complete other state and local graduation requirements.
The board shall ((reports [report])) report its findings and
recommendations for additional flexibility in graduation requirements,
if necessary, to the legislature by December 1, 2007.
(3) Pursuant to any requirement for instruction in languages other
than English established by the state board of education or a local
school district, or both, for purposes of high school graduation,
students who receive instruction in American sign language or one or
more American Indian languages shall be considered to have satisfied
the state or local school district graduation requirement for
instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student
who has completed high school courses before attending high school
shall be given high school credit which shall be applied to fulfilling
high school graduation requirements if:
(a) The course was taken with high school students, if the academic
level of the course exceeds the requirements for seventh and eighth
grade classes, and the student has successfully passed by completing
the same course requirements and examinations as the high school
students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for
seventh and eighth grade classes and the course would qualify for high
school credit, because the course is similar or equivalent to a course
offered at a high school in the district as determined by the school
district board of directors.
(5) Students who have taken and successfully completed high school
courses under the circumstances in subsection (4) of this section shall
not be required to take an additional competency examination or perform
any other additional assignment to receive credit.
(6) At the college or university level, five quarter or three
semester hours equals one high school credit.
Sec. 14 RCW 28A.655.061 and 2007 c 355 s 5 and 2007 c 354 s 2 are
each reenacted and amended to read as follows:
(1) The high school assessment system shall include but need not be
limited to the Washington assessment of student learning, opportunities
for a student to retake the content areas of the assessment in which
the student was not successful, and if approved by the legislature
pursuant to subsection (10) of this section, one or more objective
alternative assessments for a student to demonstrate achievement of
state academic standards. The objective alternative assessments for
each content area shall be comparable in rigor to the skills and
knowledge that the student must demonstrate on the Washington
assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate of
academic achievement shall be obtained by most students at about the
age of sixteen, and is evidence that the students have successfully met
the state standard in the content areas included in the certificate.
With the exception of students satisfying the provisions of RCW
28A.155.045 or 28A.655.0611, acquisition of the certificate is required
for graduation from a public high school but is not the only
requirement for graduation. Students who are subject to the interstate
compact on educational opportunity for military children, chapter 28A.--- RCW (section 1 of this act), are exempt from the requirements in
this subsection.
(3) Beginning with the graduating class of 2008, with the exception
of students satisfying the provisions of RCW 28A.155.045, a student who
meets the state standards on the reading, writing, and mathematics
content areas of the high school Washington assessment of student
learning shall earn a certificate of academic achievement. If a
student does not successfully meet the state standards in one or more
content areas required for the certificate of academic achievement,
then the student may retake the assessment in the content area up to
four times at no cost to the student. If the student successfully
meets the state standards on a retake of the assessment then the
student shall earn a certificate of academic achievement. Once
objective alternative assessments are authorized pursuant to subsection
(10) of this section, a student may use the objective alternative
assessments to demonstrate that the student successfully meets the
state standards for that content area if the student has taken the
Washington assessment of student learning at least once. If the
student successfully meets the state standards on the objective
alternative assessments then the student shall earn a certificate of
academic achievement.
(4) Beginning no later than with the graduating class of 2013, a
student must meet the state standards in science in addition to the
other content areas required under subsection (3) of this section on
the Washington assessment of student learning or the objective
alternative assessments in order to earn a certificate of academic
achievement. The state board of education may adopt a rule that
implements the requirements of this subsection (4) beginning with a
graduating class before the graduating class of 2013, if the state
board of education adopts the rule by September 1st of the freshman
school year of the graduating class to which the requirements of this
subsection (4) apply. The state board of education's authority under
this subsection (4) does not alter the requirement that any change in
performance standards for the tenth grade assessment must comply with
RCW 28A.305.130.
(5) The state board of education may not require the acquisition of
the certificate of academic achievement for students in home-based
instruction under chapter 28A.200 RCW, for students enrolled in private
schools under chapter 28A.195 RCW, or for students satisfying the
provisions of RCW 28A.155.045.
(6) A student may retain and use the highest result from each
successfully completed content area of the high school assessment.
(7) School districts must make available to students the following
options:
(a) To retake the Washington assessment of student learning up to
four times in the content areas in which the student did not meet the
state standards if the student is enrolled in a public school; or
(b) To retake the Washington assessment of student learning up to
four times in the content areas in which the student did not meet the
state standards if the student is enrolled in a high school completion
program at a community or technical college. The superintendent of
public instruction and the state board for community and technical
colleges shall jointly identify means by which students in these
programs can be assessed.
(8) Students who achieve the standard in a content area of the high
school assessment but who wish to improve their results shall pay for
retaking the assessment, using a uniform cost determined by the
superintendent of public instruction.
(9) Opportunities to retake the assessment at least twice a year
shall be available to each school district.
(10)(a) The office of the superintendent of public instruction
shall develop options for implementing objective alternative
assessments, which may include an appeals process for students' scores,
for students to demonstrate achievement of the state academic
standards. The objective alternative assessments shall be comparable
in rigor to the skills and knowledge that the student must demonstrate
on the Washington assessment of student learning and be objective in
its determination of student achievement of the state standards.
Before any objective alternative assessments in addition to those
authorized in RCW 28A.655.065 or (b) of this subsection are used by a
student to demonstrate that the student has met the state standards in
a content area required to obtain a certificate, the legislature shall
formally approve the use of any objective alternative assessments
through the omnibus appropriations act or by statute or concurrent
resolution.
(b)(i) A student's score on the mathematics, reading or English, or
writing portion of the scholastic assessment test (SAT) or the American
college test (ACT) may be used as an objective alternative assessment
under this section for demonstrating that a student has met or exceeded
the state standards for the certificate of academic achievement. The
state board of education shall identify the scores students must
achieve on the relevant portion of the SAT or ACT to meet or exceed the
state standard in the relevant content area on the Washington
assessment of student learning. The state board of education shall
identify the first scores by December 1, 2007. After the first scores
are established, the state board may increase but not decrease the
scores required for students to meet or exceed the state standards.
(ii) Until August 31, 2008, a student's score on the mathematics
portion of the preliminary scholastic assessment test (PSAT) may be
used as an objective alternative assessment under this section for
demonstrating that a student has met or exceeded the state standard for
the certificate of academic achievement. The state board of education
shall identify the score students must achieve on the mathematics
portion of the PSAT to meet or exceed the state standard in that
content area on the Washington assessment of student learning.
(iii) A student who scores at least a three on the grading scale of
one to five for selected advance placement examinations may use the
score as an objective alternative assessment under this section for
demonstrating that a student has met or exceeded state standards for
the certificate of academic achievement. A score of three on the
((advance placement)) AP examinations in calculus or statistics may be
used as an alternative assessment for the mathematics portion of the
Washington assessment of student learning. A score of three on the
((advance placement)) AP examinations in English language and
composition may be used as an alternative assessment for the writing
portion of the Washington assessment of student learning. A score of
three on the ((advance placement)) AP examinations in English
literature and composition, macroeconomics, microeconomics, psychology,
United States history, world history, United States government and
politics, or comparative government and politics may be used as an
alternative assessment for the reading portion of the Washington
assessment of student learning.
(11) By December 15, 2004, the house of representatives and senate
education committees shall obtain information and conclusions from
recognized, independent, national assessment experts regarding the
validity and reliability of the high school Washington assessment of
student learning for making individual student high school graduation
determinations.
(12) To help assure continued progress in academic achievement as
a foundation for high school graduation and to assure that students are
on track for high school graduation, each school district shall prepare
plans for students as provided in this subsection (12).
(a) Student learning plans are required for eighth through twelfth
grade students who were not successful on any or all of the content
areas of the Washington assessment for student learning during the
previous school year. The plan shall include the courses,
competencies, and other steps needed to be taken by the student to meet
state academic standards and stay on track for graduation. If
applicable, the plan shall also include the high school completion
pilot program created under RCW 28B.50.534.
(i) The parent or guardian shall be notified, preferably through a
parent conference, of the student's results on the Washington
assessment of student learning, actions the school intends to take to
improve the student's skills in any content area in which the student
was unsuccessful, strategies to help them improve their student's
skills, and the content of the student's plan.
(ii) Progress made on the student plan shall be reported to the
student's parents or guardian at least annually and adjustments to the
plan made as necessary.
(b) All fifth grade students who were not successful in one or more
of the content areas of the fourth grade Washington assessment of
student learning shall have a student learning plan.
(i) The parent or guardian of the student shall be notified,
preferably through a parent conference, of the student's results on the
Washington assessment of student learning, actions the school intends
to take to improve the student's skills in any content area in which
the student was unsuccessful, and provide strategies to help them
improve their student's skills.
(ii) Progress made on the student plan shall be reported to the
student's parents or guardian at least annually and adjustments to the
plan made as necessary.
NEW SECTION. Sec. 15 (1) The office of the superintendent of
public instruction shall convene and support a task force to review and
make recommendations regarding the interstate compact on educational
opportunity for military children. Education committee staff from
senate committee services and house of representatives office of
program research shall provide support to the legislative members of
the task force.
(2) The task force shall review the compact and issue a final
report on the following, at a minimum:
(a) Which components of the compact are currently being
substantially implemented in Washington and which are not;
(b) The implications of and the interplay between the compact and
applicable federal education law;
(c) The implications of and the interplay between the compact and
applicable state education law; and
(d) The legal obligations that the compact would impose on the
state if it were to be adopted.
(3) The task force shall also address any provisions within the
compact that raise concerns of the task force members and shall make
recommendations on how to address those concerns within the final
report.
(4) The task force shall include the following members:
(a) Four legislative members, including one member appointed by the
president of the senate from each of the two largest caucuses of the
senate, and one member appointed by the speaker of the house of
representatives from each of the two largest caucuses of the house of
representatives;
(b) The attorney general or a designee;
(c) A representative from the United States department of defense;
(d) The superintendent of public instruction or a designee;
(e) A representative from each educational service district;
(f) A superintendent from a school district with a high
concentration of military children; and
(g) A representative of the state board of education.
(5) Legislative members of the task force shall be reimbursed for
travel expenses under RCW 44.04.120. Nonlegislative members are
entitled to be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(6) The task force shall present its final report of findings and
conclusions, including recommendations for legislative action if
necessary, to the appropriate committees of the legislature by December
1, 2008.
NEW SECTION. Sec. 16 (1) Section 1 of this act takes effect when
the interstate compact on educational opportunity for military children
takes effect in nine other states. If the interstate compact that is
the subject of section 1 of this act does not take effect in nine other
states by January 1, 2010, then section 1 of this act is void in its
entirety.
(2) Sections 2 through 14 of this act take effect if and when
section 1 of this act takes effect.
(3) The interstate commission on educational opportunity for
military children shall notify the legislature when the condition in
subsection (1) of this section has been met.
NEW SECTION. Sec. 17 Section 1 of this act constitutes a new
chapter in Title 28A RCW."
Correct the title.