COMMONWEALTH of VIRGINIA
Department of Education
April 15, 2011
TO: Division Superintendents
FROM: Patricia I. Wright, Superintendent of Public Instruction
Virginia is one of 36 states that are members of the Interstate Compact on Educational Opportunity for Military Children. The provisions of the interstate compact may be found in § 22.1-360 of the Code of Virginia.
Questions have arisen regarding the treatment of DOD schools located on military bases in the United States and in other parts of the world as local education agencies (LEAs) for purposes of students transferring from DOD schools into public schools in Virginia. This memorandum provides direction to school divisions regarding how to treat students transferring from DOD schools for the purpose of implementing the interstate compact.
Provisions of the Compact
The provisions of the compact apply only to students in military families transferring into Virginia. The provisions of the compact do not apply to military families transferring from one school division in Virginia to another.
Military families transferring into Virginia to whom the compact applies must meet the following criteria, as set forth in § 22.1-360:
Article III. Applicability.
Virginia’s Implementation of the Military Compact
The compact defines a "local education agency" as a public authority established “by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions.” Article III, B., provides that the provisions of the compact “shall only apply to local education agencies as defined in this compact.”
DOD schools are not included in the definition of a "local education agency" and, although DOD schools are not officially part of the compact, school divisions should work with families of students transferring from DOD schools just as they would if the student were transferring from a school in another state. In summary, students transferring from DOD schools to a public school in Virginia, should be treated the same as any other military dependent transfers.
Additional information about transferring military dependents can be found in § 22.1-360, Article IV. (Educational Records and Enrollment), Article V. (Placement and Attendance), Article VI. (Eligibility), and Article VII. (Graduation).
Questions about the Interstate Compact on Educational Opportunity for Military Children may be directed to Melissa Luchau, military family education liaison, via e-mail at Melissa.Luchau@doe.virginia.gov, or by telephone at (804) 225-4849.