N.Y. Education Law § 3302: Definitions

§ 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.