Legislation

Search OpenLegislation Statutes

This entry was published on 2021-11-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3302
Definitions
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 66
§ 3302. Definitions. As used in this compact, unless the context
clearly requires a different meaning:

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. sections 1209
and 1211.

2. "Children of military families" means a school-aged child or
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 section thirty-three hundred nine
of this article.

4. "Deployment" means the period one month prior to the service
members' departure from their home station on military orders through
six months after return to their home station.

5. "Education records" or "educational records" means those official
records, files, and data directly related to a student and maintained by
the school or local educational 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 a voluntary activity sponsored
by the school or local educational agency or an organization sanctioned
by the local educational 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" means the commission that is created under section
thirty-three hundred nine of this article, which is generally referred
to in this article as the "interstate commission".

8. "Local educational 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. In New York state, a local educational agency
means a public school district located within New York state.

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 department of defense, including any leased
facility, which is located within any of the several states, the
District of Columbia, the commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and
any other United States territory. Such term does not include any
facility used primarily for civil works, rivers and harbors projects, or
flood control projects.

11. "Non-member 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
promulgated pursuant to section thirty-three hundred twelve of this
article 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.

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
educational 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 as a result of military orders 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 service" or "uniformed services" means the Army, Navy,
Air Force, Marine Corps, Space Force, 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.