Definition: An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law.
USE: Most cases forwarded to the national office require informal consultation or clarification. The advisory is utilized for a formal state statute or compact rules review. Since January 2011, the Commission has issued fifteen opinions.
PROCESS: State Commissioner may submit a request with the case details to the Executive Director (ED) for consideration. If approved, the ED and General Counsel will craft and submit the advisory to the Executive Committee (EXCOM) for approval at their monthly meeting prior to dissemination to the Commission and posting on the MIC3 website.
Does the Compact allow for districts and schools to share student information with their State Compact Commissioner in order to resolve a case?
Does the Compact allow a Local Education Authority (LEA) to waive state graduation credit requirements under Article VII?
Does the Compact require a Charter School which ordinarily requires families to apply through a school lottery, to make preferences for children of military families for admission to such charter schools?
Does the Compact’s immunization provision allow for a new or transferring student: 1) to enroll and attend the new school, and 2) be provided a period of thirty (30) days to meet the California immunization requirement for a single dose of the Tdap vaccine?
01-2011 ACCEPTANCE FOR CREDIT OF TESTS ADMINISTERED IN OTHER STATES
How should the military compact be interpreted in regards to the acceptance for credit of tests administered in other states?
Whether Department of Defense schools should be treated as local education agencies (LEAs) for purposes of students transferring from a DOD school into a public school in Virginia or any other member state under the military compact.
01-2013 INDIVIDUAL COMPLAINT AGAINST A MEMBER STATE FOR ALLEGED NON-COMPLIANCE
Whether an individual member of the military has standing to intervene in a complaint against a member state for alleged non-compliance under the military compact.
01-2014 ELIGIBILITY OF MILITARY MEMBERS NOT ON ACTIVE DUTY, TITLE 10
Whether the Interstate Compact on Educational Opportunity for Military Children is applicable to children of a military member who is not on active duty, as defined by Title 10 of the U.S. Code.
01-2017 UNITED STATES COAST GUARD (USCG) ELIGIBILITY
Whether the provisions of the Interstate Compact on Educational Opportunity for Military Children (“MIC3”) apply to members of the USCG
02-2017 KINDERGARTEN ELIGIBILITY
Whether the provisions of Article IV, D. of the Interstate Compact on Educational Opportunity for Military Children (MIC3) and Rule 3.102 (b) require documentation for enrollment in Kindergarten?
03-2017 STATE COUNCIL APPOINTMENTS
Whether the provisions of Article VIII, A. of the Interstate Compact on Educational Opportunity for Military Children (MIC3) permits member states to add members to the state council?
Whether the provisions of the Interstate Compact on Educational Opportunity for Military Children, (“MIC 3”) apply to members of the National Guard or Reserve who are not on active duty as defined in Title 10 of the U.S. Code.
05-2017 END OF COURSE EXAM WAIVERS
Whether the provisions of Article VII, A. and B. of the Interstate Compact on Educational Opportunity for Military Children (“MIC3”) and MIC3 Rule 4.102 provide for waivers of course requirements, including end of course exams, for any student or is limited only to graduating seniors.
Whether the provisions of the Interstate Compact on Educational Opportunity for Military Children (“MIC3”) apply to Spouses of military members.
Whether the provisions of the Interstate Compact on Educational Opportunity for Military Children (“MIC3”) allow a receiving state public school to withdraw credit and corresponding grades previously awarded for courses completed in the sending state public school where the sending state declines to do so.