RELATING TO THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.

SB3118

THE SENATE

S.B. NO.

3118

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE INTERSTATE COMPACT ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN.

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

����
SECTION 1.
�
The purpose of
this Act is to update references to the United States Code in the interstate
compact on educational opportunity for military children.

����
SECTION 2.
�

Section 311D-1, Hawaii Revised Statutes, is amended by amending articles
II and III to read as follows:

"
ARTICLE
II

DEFINITIONS

����
As used in this compact, unless the context
clearly requires a different construction:

����
"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
United States Code [
section 101(d)(1) and section 101(d)(6)(A).
]
chapters
1209 and 1211.

����
"Appropriate education agency"
means a public authority legally constituted by a state as an administrative
agency to provide control of and direction for kindergarten through twelfth
grade public educational institutions.

����
"Children of military families"
means school-aged children, enrolled in kindergarten through twelfth grade, in
the households of active duty members.

����
"Compact" means the interstate
compact on educational opportunity for military children.

����
"Compact commissioner" means the
voting representative of each compacting state appointed pursuant to article
VIII of this compact.

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

����
"Education records" means those
official records, files, and data directly related to a student and maintained
by the school or appropriate education agency, including 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.

����
"Extracurricular activities"
means a voluntary activity sponsored by the school or appropriate education
agency or an organization sanctioned by the appropriate education agency.
�
[
Extracurricular activities
]
"Extracurricular
activities"
include preparation for and involvement in public
performances, contests, athletic competitions, demonstrations, displays, and
club activities.

����
"Interstate commission on educational
opportunity for military children" or "interstate commission"
means the commission that is created under article IX of this compact.

����
"Local education agency" means a
public authority legally constituted by a state as an administrative agency to
provide control of and direction for kindergarten through twelfth grade public
educational institutions.

����
"Member state" means a state that
has enacted this compact.

����
"Military installation" means a
base, camp, post, station, yard, center, homeport facility for any ship, or
other facility under the jurisdiction of the United States 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.
�

[
The term shall
]
"Military installation" does

not include any facility used primarily for civil works, rivers and harbors
projects, or flood control projects.

����
"Non-member state" means a state
that has not enacted this compact.

����
"Receiving state" means the state
to which a child of a military family is sent, brought, or caused to be sent or
brought.

����
"Rule" means a written statement
by the interstate commission promulgated 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, has the force and effect of
statutory law in a member state, and includes the amendment, repeal, or
suspension of an existing rule.

����
"Sending state" means the state
from which a child of a military family is sent, brought, or caused to be sent
or brought.

����
"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.

����
"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.

����
"Student financial obligation"
means any unpaid or outstanding fines or fees.

����
"Transition" means the formal and
physical process of transferring from school to school, or the period of time
in which a student moves from one school in the sending state to another school
in the receiving state.

����
"Uniformed service" means the
Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned
Corps of the National Oceanic and Atmospheric Administration, and Public Health
Services.

����
"Veteran" means a person who
served in the uniformed services and who was discharged or released therefrom
under honorable conditions.

ARTICLE III

APPLICABILITY

����
(a)
�
Except as otherwise provided in subsection
(b), this compact shall apply to the children of:

����
(1)
�
Active
duty members of the uniformed services as defined in this compact, including
members of the national guard and military reserves on active duty orders
pursuant to 10 United States Code [
section 101(d)(1) and section
101(d)(6)(A);
]
chapters 1209 and 1211;

����
(2)
�
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

����
(3)
�
Members
of the uniformed services who die while on active duty or as a result of
injuries sustained while on active duty, for a period of one year after death.

����
(b)
�
This
interstate compact shall only apply to appropriate education agencies as
defined in this compact.

����
(c)
�
The
provisions of this compact shall not apply to the children of:

����
(1)
�
Inactive
members of the national guard and military reserves;

����
(2)
�
Members
of the uniformed services now retired, except as provided in subsection (a);

����
(3)
�
Veterans
of the uniformed services, except as provided in subsection (a); and

����
(4)
�
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."

����
SECTION 3.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

����
SECTION 4.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

Department of Education; Interstate Compact on Educational
Opportunity for Military Children

Description:

Updates references to the United States Code in the
Interstate Compact on Educational Opportunity for Military Children.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.