BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF _________: 

Section 1. Purpose.  

1. The purpose of this policy is to:
   • (a) Maximize the potential for effective school transitions by children of uniformed services families through provisions of this Act administered by the [state K-12 education agency] and implemented by public school districts; and
   • (b) Consolidate state education provisions under this Act and provisions of the Interstate Compact on Educational Opportunity for Military Children (Compact).
2. The kindergarten through grade twelve (K-12) success of children of uniformed services families is challenged by frequent relocations due to installation reassignments or deployments of their parents or legal guardians which may necessitate a school transfer.
3. To better meet the needs of children of [State]-based active and reserve component uniformed services families, this Act expands eligibility application and extends provisions provided beyond those of the Compact by:
   • (a) Facilitating the timely enrollment of children of uniformed services families and ensuring the children are not placed at a disadvantage due to difficulty in the transfer of education records from a previous public school, including a public school in another state;
   • (b) Facilitating the placement process for children of uniformed services families so children are not disadvantaged by variations in attendance requirements, scheduling, lesson sequencing, grading, course content, or proficiency assessment;
   • (c) Facilitating the eligibility and qualification of children of uniformed services families for enrollment, access to educational programs, or participation in extracurricular activities;
   • (d) Facilitating the on-time graduation of children of uniformed services families;
   • (e) Providing for the adoption and enforcement of administrative rules to implement this Act;
   • (f) Providing for the uniform collection and sharing of information between and among public school districts; and
   • (g) Promoting flexibility and cooperation between the educational system, military installation leaders and their commands, parents and legal guardians, and children of uniformed services families to achieve educational success for the children of military families.

Section 2. Definitions. 

As used in this Act: 

1. “Activated reserve components” means members of the reserve component of the uniformed services who have received a notice of intent to mobilize or deploy under Title 10 of the United States Code, Title 32 of the United States Code, or state mobilization to active duty;
2. “Active duty” means full-time duty status in the regular or reserve components of the uniformed services of the United States, including without limitation members of the National Guard and reserve components of the uniformed services on active duty orders under 10 U.S.C. Chapters 1209 and 1210 or 42 U.S.C. § 204, as they existed on January 1, [Year];
3. “Compact” refers to the Interstate Compact on Educational Opportunity for Military Children [state statute code reference]; 
4. “Deployment” means the inclusive period of time six (6) months before a member of the uniformed services departs from their home or duty station on official orders through six (6) months after return to his or her home or duty station;
5. “Dual status military technician” means a federal civilian employee who is:
   • (a) Employed under 5 U.S.C. § 3101 or 32 U.S.C. § 709(b);
   • (b) Required as a condition of his or her employment to maintain membership in the Selected Reserve; and
   • (c) Assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve;
6. “Education record” means an official record, file, or data directly related to a student and maintained by a public school or public school district, including without limitation a record encompassing all the material kept in a student’s cumulative folder such as:
   • (a) General identifying data;
   • (b) Records of attendance and of academic work completed;
   • (c) Records of achievement and results of evaluative tests;
   • (d) Health data;
   • (e) Disciplinary status;
   • (f) Test protocols; and
   • (g) Individualized education programs;
7.  
   • (a)“Extracurricular activity” means a voluntary activity sponsored by a public school or public school district or an organization sanctioned by a public school district.
   • (b) “Extracurricular activity” includes without limitation preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities;
8. “Military installation” means, for purposes of this Act:
   • (a) United States Department of War installations, which shall include:
     1. [List];
     2.  ___________; and
     3. __________; and 
   • (b) [State] installations, which shall include:
     1. [List] ;
     2. _________; and
     3. __________; 
9. • (a) “Public school” means a state-supported school or open-enrollment public charter school serving students in prekindergarten or kindergarten through grade twelve (K-12) in [State].
   • (b) Public school” includes without limitation:
     1. Alternative learning environments;
     2. The [State] School for ___________; and
     3. The [State] School for _____________________; 

10. “Receiving district” means a public school district to which a child of a uniformed services member transitions;
11. “Rule” means:
    • (a) A written statement that is of general applicability that implements, interprets, or prescribes a policy; or
    • (b) An organizational, procedural, or practice requirement promulgated under the [State] Administrative Procedure Act, or any successor law, and includes the amendment, repeal, or suspension of an existing rule;
12. “Sending district” means the public school district from which a child of a uniformed services member transitions;
13. “Student” means the dependent child of a uniformed services member for whom a public school or public school district receives public funding and who is enrolled in a public school;
14. “Traditional member of the National Guard or federal reserves” means an active member of the Selected Reserve subject to mobilization and deployment for which he or she attends monthly and annual training periods;
15. “Transition” means the:
    • (a) Formal and physical process of transitioning from public school to public school; or
    • (b) Period of time in which a student moves from a sending district to a receiving district;
16. “Uniformed services” means the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, United States Coast Guard, the National Oceanic and Atmospheric Administration Commissioned Officer Corps, the Commissioned Corps of the United States Public Health Service, and the state and federal reserve components of each of these forces; and
17. Veteran” means an individual who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable.

Section 3. Application.  

1. This Act shall apply to dependent children of: 
   • (a) Members of the active duty and activated reserve components of the uniformed services;
   • (b) Veterans of the uniformed services who were injured in the line of duty and are medically retired or medically separated;
   • (c) Members of the uniformed services who die while on active duty or as a result of injuries sustained while on active duty;
   • (d) Dual status military technicians; and
   • (e) Traditional members of the National Guard and reserve components of the armed forces who are relocating to the state for employment or to serve as a member of a [State]-based reserve component unit. 
2. This Act includes provisions and extends application eligibility beyond the scope of the Compact.
   • (a) This Act includes provisions and extends application eligibility beyond the scope of the Compact.
   • (b) In complying with this Act, sending districts and receiving districts may request the assistance of sending districts and receiving districts outside of the state to provide services to uniformed services families transferring to or from the state who are covered under this statute but may not be covered under the Compact.

Section 4. State Direction and Coordination.  

1. The Commissioner of Elementary and Secondary Education shall administer:
   • (a) This Act; and
   • (b) The state’s participation in and compliance with the Compact.
2.  The State Board of Education shall promulgate rules to implement this Act.

Section 5. Transfer of Education Records and Enrollment. 

1. • (a) Upon receipt of the unofficial copies of a student’s education records by a receiving district, and as soon as practicable, a receiving district shall preregister and provisionally place a student based on the information provided in the unofficial education records, which are pending validation by the official records.
   • (b) If official copies of a student’s education records cannot be released to a parent or legal guardian of a student for purposes of a transition under this Act, then the custodian of the student’s education records at the sending district shall prepare and furnish to the parent or legal guardian of the student and the receiving district a complete set of unofficial copies of the student’s education records, which shall contain uniform information as determined by the [state K-12 education agency].
2. • (a) a. Simultaneously with the enrollment and provisional placement of a student under this section, a receiving district shall request a student’s official education records from the sending district.
   • (b) Upon receipt of a request under subdivision (2)(a) of this section, a sending district shall process and furnish a student’s official education records within:
     1. Ten (10) days; or
     2. A reasonable time frame as established by their state education agency rules. 

Section 6. Advance Enrollment.  

1. Members of the uniformed services under Section 3 who wish to enroll their child in a public school should, as soon as possible, provide advance notice to the public school regarding the enrollment of a student under this Act to ensure the best opportunity for a smooth transition for their child.
2. Upon receipt of official assignment notice or assignment orders, the parent, foster parent, legal guardian, person having lawful control of a child, or person standing in loco parentis to a child of a member of the uniformed services may enroll, register, and coordinate education services for his or her child, including without limitation a child with special education needs or a child with a disability, in the public school of his or her choice by:
   • (a) Determining, in consultation with military and public school district officials, the public school in which he or she prefers to enroll his or her child according to requirements of [state statute];
   • (b) Contacting the public school’s designated military family education coordinator with any questions or issues raised or information needed by the parent, legal guardian, person having lawful control of a child, or person standing in loco parentis to a child; and
   • (c) Submitting electronically or by other remote means an enrollment application for his or her child that shall include required documentation, including without limitation:
     1. A copy of the official assignment notice or official assignment orders and military identification credentials of the member of the uniformed services; 
     2. The child’s unofficial education record and immunization records;
     3. Current coursework for the school in which the student is enrolled if the coursework is not included in the student’s unofficial education record;
     4.  copy of the student’s individualized education program, family service plan under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or plan under § 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, as applicable; and
     5. list of any extracurricular activities in which the student participates. 
3. When a public school receives notice and an enrollment application from a uniformed services family under this section, the public school shall:
   • (a) Provisionally enroll, provide placement for, and enter academic course requests on behalf of the incoming student based on the student’s education record provided by his or her family or the sending district; and
   • (b) Provide the uniformed services family with information either directly or by access through a Military Families link on the public school or public school district website regarding:
     1. Career-ready pathways and other academic or education programs offered;
     2. Required academic courses for each curriculum and elective course options;
     3. School and community-sponsored extracurricular activities, including without limitation individual and team sports, clubs, and junior reserve officer training corps opportunities;
     4. Contact information for the designated military family education coordinator and the Purple Star School Program military family education facilitator and ambassadors, if applicable; and
     5. Other relevant information regarding the public school. 
4. A public school:
   • (a) Shall consider in determining the acceptance of a student’s enrollment in the public school:
     • 1. The student’s enrollment application date and the anticipated date of enrollment of the student under subsection 1 of this section; 
     • 2. Class sizes;
     • 3. Course prerequisites or conflicts; and
     • 4. The availability of elective courses; 
   • (b)
     • 1.  Shall not deny a student enrollment in the public school or the public school district under this section unless there is a lack of capacity.
     • 2. A lack of capacity may be claimed by a public school district only if: 
       • (i)  The public school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the Standards for Accreditation of [State] Public Schools and School Districts, state rules, or other applicable federal regulations; and
       • (ii)  The claim of lack of capacity is timely and consistent with state and federal law; 
   • (c) Shall not discriminate based on gender, national origin, race, ethnicity, religion, uniformed services family status, or disability;
   • (d) Shall notify a prospective student’s family in writing regarding whether the student’s enrollment has been accepted or rejected within fifteen (15) calendar days of receiving the student’s enrollment application and supporting documentation; and
   • (e) Shall, as soon as practicable, request the sending district provide a student’s official education record as specified by Section 5 to confirm the student’s provisional enrollment, placement, and course preregistration conditions.
5. • (a) A student under this section shall receive equitable access to academic courses.
   • (b)
     1. A receiving district shall enter academic course requests on behalf of an incoming student under this section based on the student’s transcript of information sent by the student’s family or the student’s sending district.
     2. Special power of attorney relative to the guardianship of a student is sufficient for purposes of enrollment and all other actions requiring parental participation and consent. 
6. • (a) A receiving district shall not charge local tuition to a student who transitions to the receiving district under this section and who has been 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.
   • (b) A student who has been 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.
7.  A receiving district shall ensure a student who transitions under this section has the opportunity to participate in extracurricular activities, regardless of application deadlines, and to the extent that the student is otherwise qualified.
8. A public school may seek a waiver from the State Board of Education to accommodate a student under this section.

Section 7. Virtual Course Enrollment.  

1. At the request of a uniformed services family, a receiving district may enroll an inbound transitioning child of a uniformed services family in virtual distance-learning or digital coursework, if available, to facilitate a smooth transition between the student’s previous coursework and the curriculum best suited to ensure educational success in his or her new school.
2. To prevent a student from losing course credit due to absences, a public school may approve a student who has been granted one (1) or more excused absences to:
   • (a) Access school coursework virtually; or
   • (b) Transfer to a virtual coursework program.

Section 8. Immunizations.  

1. A student shall furnish his or her required immunization records to a receiving district within thirty (30) days of enrolling in the receiving district or within such time as is reasonably determined under [state K-12 education agency] rules.
2. For a series of immunizations, initial vaccinations shall be obtained within thirty (30) days or within such time as is reasonably determined under division rules.

Section 9. Grade Placement. 

1. A student shall enroll in a receiving district in the same grade level in which he or she was enrolled at the sending district, regardless of the student’s age.
2. A student who has completed a grade level in the sending district shall be eligible for enrollment in the next highest grade level at the receiving district, regardless of the student’s age.

Section 10. Course and Education Program Placement. 

1. If the academic courses are offered and there is space available, when a student transitions under this Act before or during a school year, the receiving district shall provisionally honor the placement of the student in academic courses based on the student’s enrollment at the sending district and on educational assessments conducted at the sending district.
2. Academic course placement includes enrollment without limitation in:
   • (a) Accelerated learning courses; and
   • (b) Academic, technical, and career pathway courses.
3. A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an academic course.
4. • (a) If the educational programs are offered and there is space available, when a student transitions under this section before or during a school year, the receiving district shall provisionally honor the placement of the student in educational programs based on the student’s participation in educational programs at the sending district and on educational assessments conducted at the sending district.
   • (b)Educational programs include without limitation:
     • (A) Gifted and talented programs; and 
     • English as a second language courses. 
   • (c) A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an educational program.
5. A public school district may waive academic course or educational program requirements for students who transition to a receiving district under this Act.

Section 11. Special Education Services. 

1. A receiving district shall provisionally provide services to a student with disabilities under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., according to the student’s existing individualized education program.
2. A receiving district:
   • (a) Shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities under this section;
   • (b) May perform subsequent evaluations to ensure a student who transitions under this Act has been appropriately placed in the receiving district as soon as possible upon the student’s arrival at the receiving district;
   • (c) May request a meeting with a student’s parents or legal guardians and the sending district individualized education program team before the student’s arrival at the receiving district;
   • (d) May, upon review of a student’s existing individualized education program and with parental consent, request an evaluation by the sending district, if the student is still enrolled in the sending district;
   • (e) May request an in-person meeting with the student’s parents or legal guardians and the student to confirm planned services upon the adoption by the public school of the student’s existing or amended individualized education program; and
   • (f) May take any other action to ensure a student’s smooth transition under this Act.

Section 12. Graduation — Testing. 

1. In order to ensure the on-time graduation of a student under this Act, a receiving district shall:
   • (a) Waive specific courses that are required for graduation if similar coursework has been satisfactorily completed by a student under the control of another public school or public school district; and
   • (b) If a waiver for a specific course under subdivision (1)(a) of this section is denied, the receiving district shall provide:
     1. Justification for the denial; and 
     2. An alternative means by which the student can complete the required coursework so that the student can graduate on time. 

2. • (a) A receiving district shall accept results from:
     • 1. Exit or end-of-course exams that are required for graduation from the sending district; 
     • 2. National norm-referenced achievement tests; or 
     • Alternative testing. 
   • (b) A sending district shall award, and a receiving district shall accept a diploma for a student under this Act if the student:
     • 1. Meets the graduation requirements of the sending district; 
     • 2. Transitions to the receiving district at the beginning of or during his or her senior year of high school; and
     • 3. Is deemed by the receiving district to be ineligible for graduation after all reasonable alternatives under this section have been considered. 

Section 13. Military Family Education Coordinators. 

1. Each public school district and open-enrollment public charter school shall:
   • (a) Designate a military family education coordinator to serve as the primary point of contact for each child of a uniformed services family and his or her parent or legal guardian;
   • (b) Annually by September 1 provide to the [state K-12 education agency] the name and contact information of the military family education coordinator; and
   • (c) Post in a section designated for Military Families on the website of the public school the contact information for the military family education coordinator.
2. Each public school district military family education coordinator shall:
   • (a) Possess specialized knowledge regarding the educational needs and unique challenges faced by children of uniformed services families;
   • (b) Be included in the establishment and adoption of a parent and family engagement plan for the public school and the public school district as required under [state family engagement statute]; and
   • (c) Serve as a navigator for uniformed services families by:
     1. Connecting the uniformed services families to appropriate public school resources; and
     2. Connecting families with other uniformed services families in the public school upon request. 

Section 14. Reporting Enrollment of Children of Members of the Armed Forces – Definition. 

1. The [state K-12 education agency] shall require a public school to report the enrollment of a student with a parent who is an active duty or reserve component member of the armed forces as required by the Every Student Succeeds Act, 20 U.S.C. § 6311, as it existed on January 1, [Year]:
   • (a) In the [State] Public School Computer Network; or
   • (b) As established by rule if the public school or public school district does not report information through the [State] Public School Computer Network.
2. As used in this section, “armed forces” means a member of the active duty or reserve components of the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, United States Coast Guard, and National Guard.