HB 1203

A bill to be entitled
2An act relating to the Interstate Compact on
3Educational Opportunity for Military Children;
4creating s. 1000.36, F.S.; directing the Governor to
5execute the Interstate Compact on Educational
6Opportunity for Military Children on behalf of this
7state with any other state or states legally adopting
8the compact; providing definitions; providing
9applicability; providing for the transfer of education
10records from a sending to a receiving state; requiring
11that children of military personnel be enrolled in
12classes at current grade level; providing for
13eligibility for graduation; providing for a state
14council to coordinate agencies and schools; providing
15for membership on the council; creating the Interstate
16Commission on Educational Opportunity for Military
17Children; providing for membership, organization,
18meetings, operations, powers, and duties; creating an
19executive committee; requiring the commission to adopt
20rules; providing for a legal challenge to the adopted
21rules; providing for oversight, enforcement, and
22dispute resolution; providing procedures to suspend or
23terminate member states; authorizing the commission to
24levy and collect an annual assessment from each member
25state; providing the method for the compact to become
26effective and binding on the member states; providing
27procedures for the withdrawal of a member state;
28providing severability; providing for the effect of
29the compact on member states' laws; creating s.
301000.37, F.S.; requiring the Secretary of State to
31furnish a copy of the enrolled act enacting the
32Interstate Compact on Educational Opportunity for
33Military Children to each of the states approving the
34compact; providing an effective date.
36Be It Enacted by the Legislature of the State of Florida:
38     Section 1.  Section 1000.36, Florida Statutes, is created
39to read:
40     1000.36  Interstate Compact on Educational
41Opportunity for Military Children.--The Governor is authorized
42and directed to execute the Interstate Compact on Educational
43Opportunity for Military Children on behalf of this state with
44any other state or states legally joining therein in the form
45substantially as follows:
Interstate Compact on Educational
Opportunity for Military Children
49     PURPOSE.--It is the purpose of this compact to remove
50barriers to educational success imposed on children of military
51families because of frequent moves and deployment of their
52parents by:
53     A.  Facilitating the timely enrollment of children of
54military families and ensuring that they are not placed at a
55disadvantage due to difficulty in the transfer of education
56records from the previous school district or variations in
57entrance or age requirements.
58     B.  Facilitating the student placement process through
59which children of military families are not disadvantaged by
60variations in attendance requirements, scheduling, sequencing,
61grading, course content, or assessment.
62     C.  Facilitating the qualification and eligibility for
63enrollment, educational programs, and participation in
64extracurricular academic, athletic, and social activities.
65     D.  Facilitating the on-time graduation of children of
66military families.
67     E.  Providing for the adoption and enforcement of
68administrative rules implementing this compact.
69     F.  Providing for the uniform collection and sharing of
70information between and among member states, schools, and
71military families under this compact.
72     G.  Promoting coordination between this compact and other
73compacts affecting military children.
74     H.  Promoting flexibility and cooperation between the
75educational system, parents, and the student in order to achieve
76educational success for the student.
78     DEFINITIONS.--As used in this compact, unless the context
79clearly requires a different construction, the term:
80     A.  "Active duty" means the full-time duty status in the
81active uniformed service of the United States, including members
82of the National Guard and Reserve on active duty orders pursuant
83to 10 U.S.C. ss. 1209 and 1211.
84     B.  "Children of military families" means school-aged
85children, enrolled in kindergarten through 12th grade, in the
86household of an active-duty member.
87     C.  "Compact commissioner" means the voting representative
88of each compacting state appointed under Article VIII of this
90     D.  "Deployment" means the period 1 month before the
91service members' departure from their home station on military
92orders though 6 months after return to their home station.
93     E.  "Educational records" or "education records" means  
94those official records, files, and data directly related to a
95student and maintained by the school or local education agency,
96including, but not limited to, records encompassing all the
97material kept in the student's cumulative folder such as general
98identifying data, records of attendance and of academic work
99completed, records of achievement and results of evaluative
100tests, health data, disciplinary status, test protocols, and
101individualized education programs.
102     F.  "Extracurricular activities" means a voluntary activity
103sponsored by the school or local education agency or an
104organization sanctioned by the local education agency.
105Extracurricular activities include, but are not limited to,
106preparation for and involvement in public performances,
107contests, athletic competitions, demonstrations, displays, and
108club activities.
109     G.  "Interstate Commission on Educational Opportunity for
110Military Children" means the commission that is created under
111Article IX of this compact, which is generally referred to as
112the Interstate Commission.
113     H.  "Local education agency" means a public authority
114legally constituted by the state as an administrative agency to
115provide control of, and direction for, kindergarten through 12th
116grade public educational institutions.
117     I.  "Member state" means a state that has enacted this
119     J.  "Military installation" means a base, camp, post,
120station, yard, center, homeport facility for any ship, or other
121activity under the jurisdiction of the Department of Defense,
122including any leased facility, which is located within any of
123the several states, the District of Columbia, the Commonwealth
124of Puerto Rico, the United States Virgin Islands, Guam, American
125Samoa, the Northern Marianas Islands, and any other United
126States Territory. The term does not include any facility used
127primarily for civil works, rivers and harbors projects, or flood
128control projects.
129     K.  "Nonmember state" means a state that has not enacted
130this compact.
131     L.  "Receiving state" means the state to which a child of a
132military family is sent, brought, or caused to be sent or
134     M.  "Rule" means a written statement by the Interstate
135Commission adopted under Article XII of this compact which is of
136general applicability, implements, interprets, or prescribes a
137policy or provision of the compact, or an organizational,
138procedural, or practice requirement of the Interstate
139Commission, and has the force and effect of statutory law in a
140member state, and includes the amendment, repeal, or suspension
141of an existing rule.
142     N.  "Sending state" means the state from which a child of a
143military family is sent, brought, or caused to be sent or
145     O.  "State" means a state of the United States, the
146District of Columbia, the Commonwealth of Puerto Rico, the
147United States Virgin Islands, Guam, American Samoa, the Northern
148Marianas Islands, and any other United States Territory.
149     P.  "Student" means the child of a military family for whom
150the local education agency receives public funding and who is
151formally enrolled in kindergarten through 12th grade.
152     Q.  "Transition" means:
153     1.  The formal and physical process of transferring from
154school to school; or
155     2.  The period of time in which a student moves from one
156school in the sending state to another school in the receiving
158     R.  "Uniformed services" means the Army, Navy, Air Force,
159Marine Corps, Coast Guard as well as the Commissioned Corps of
160the National Oceanic and Atmospheric Administration, and Public
161Health Services.
162     S.  "Veteran" means a person who served in the uniformed
163services and who was discharged or released therefrom under
164conditions other than dishonorable.
167     A.  Except as otherwise provided in Section C, this compact
168applies to the children of:
169     1.  Active duty members of the uniformed services,
170including members of the National Guard and Reserve on active-
171duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
172     2.  Members or veterans of the uniformed services who are
173severely injured and medically discharged or retired for a
174period of 1 year after medical discharge or retirement; and
175     3.  Members of the uniformed services who die on active
176duty or as a result of injuries sustained on active duty for a
177period of 1 year after death.
178     B.  This interstate compact applies to local education
180     C.  This compact does not apply to the children of:
181     1.  Inactive members of the national guard and military
183     2.  Members of the uniformed services now retired, except
184as provided in Section A;
185     3.  Veterans of the uniformed services, except as provided
186in Section A; and
187     4.  Other United States Department of Defense personnel and
188other federal agency civilian and contract employees not defined
189as active-duty members of the uniformed services.
192     A.  If a child's official education records cannot be
193released to the parents for the purpose of transfer, the
194custodian of the records in the sending state shall prepare and
195furnish to the parent a complete set of unofficial educational
196records containing uniform information as determined by the
197Interstate Commission. Upon receipt of the unofficial education
198records by a school in the receiving state, that school shall
199enroll and appropriately place the student based on the
200information provided in the unofficial records pending
201validation by the official records, as quickly as possible.
202     B.  Simultaneous with the enrollment and conditional
203placement of the student, the school in the receiving state
204shall request the student's official education record from the
205school in the sending state. Upon receipt of the record, the
206school in the sending state shall process and furnish the
207official education records to the school in the receiving state
208within 10 days or within such time as is reasonably determined
209under the rules adopted by the Interstate Commission.
210     C.  Compact states must give 30 days from the date of
211enrollment or within such time as is reasonably determined under
212the rules adopted by the Interstate Commission for students to
213obtain any immunization required by the receiving state. For a
214series of immunizations, initial vaccinations must be obtained
215within 30 days or within such time as is reasonably determined
216under the rules promulgated by the Interstate Commission.
217     D.  Students shall be allowed to continue their enrollment
218at grade level in the receiving state commensurate with their
219grade level, including kindergarten, from a local education
220agency in the sending state at the time of transition,
221regardless of age. A student who has satisfactorily completed
222the prerequisite grade level in the local education agency in
223the sending state is eligible for enrollment in the next highest
224grade level in the receiving state, regardless of age. A student
225transferring after the start of the school year in the receiving
226state shall enter the school in the receiving state on their
227validated level from an accredited school in the sending state.
230     A.  If a student transfers before or during the school
231year, the receiving state school shall initially honor placement
232of the student in educational courses based on the student's
233enrollment in the sending state school or educational
234assessments conducted at the school in the sending state if the
235courses are offered. Course placement includes, but is not
236limited to, Honors, International Baccalaureate, Advanced
237Placement, vocational, technical, and career pathways courses.
238Continuing the student's academic program from the previous
239school and promoting placement in academically and career
240challenging courses should be paramount when considering
241placement. A school in the receiving state is not precluded from
242performing subsequent evaluations to ensure appropriate
243placement and continued enrollment of the student in the
245     B.  The receiving state school must initially honor
246placement of the student in educational programs based on
247current educational assessments conducted at the school in the
248sending state or participation or placement in like programs in
249the sending state. Such programs include, but are not limited
251     1.  Gifted and talented programs; and
252     2.  English as a second language (ESL).
254A school in the receiving state is not precluded from performing
255subsequent evaluations to ensure appropriate placement and
256continued enrollment of the student in the courses.
257     C.  A receiving state must initially provide comparable
258services to a student with disabilities based on his or her
259current individualized education program (IEP) in compliance
260with the requirements of the Individuals with Disabilities
261Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
262state must make reasonable accommodations and modifications to
263address the needs of incoming students with disabilities,
264subject to an existing section 504 or title II plan, to provide
265the student with equal access to education, in compliance with
266the provisions of Section 504 of the Rehabilitation Act, 29
267U.S.C.A. s. 794, and with title II of the Americans with
268Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
269receiving state is not precluded from performing subsequent
270evaluations to ensure appropriate placement and continued
271enrollment of the student in the courses.
272     D.  Local education agency administrative officials may
273waive course or program prerequisites, or other preconditions
274for placement in courses or programs offered under the
275jurisdiction of the local education agency.
276     E.  A student whose parent or legal guardian is an active-
277duty member of the uniformed services and has been called to
278duty for, is on leave from, or immediately returned from
279deployment to, a combat zone or combat support posting shall be
280granted additional excused absences at the discretion of the
281local education agency superintendent to visit with his or her
282parent or legal guardian relative to such leave or deployment of
283the parent or guardian.
285     ELIGIBILITY.--
286     A.  When considering the eligibility of a child for
287enrolling in a school:
288     1.  A special power of attorney relative to the
289guardianship of a child of a military family and executed under
290applicable law is sufficient for the purposes of enrolling the
291child in school and for all other actions requiring parental
292participation and consent.
293     2.  A local education agency is prohibited from charging
294local tuition to a transitioning military child placed in the
295care of a noncustodial parent or other person standing in loco
296parentis who lives in a school's jurisdiction different from
297that of the custodial parent.
298     3.  A transitioning military child, placed in the care of a
299noncustodial parent or other person standing in loco parentis
300who lives in a school's jurisdiction different from that of the
301custodial parent, may continue to attend the school in which he
302or she was enrolled while residing with the custodial parent.
303     B.  State and local education agencies must facilitate the
304opportunity for transitioning military children's inclusion in
305extracurricular activities, regardless of application deadlines,
306to the extent they are otherwise qualified.
308     GRADUATION.--In order to facilitate the on-time graduation
309of children of military families, states and local education
310agencies shall incorporate the following procedures:
311     A.  Local education agency administrative officials shall
312waive specific courses required for graduation if similar course
313work has been satisfactorily completed in another local
314education agency or shall provide reasonable justification for
315denial. If a waiver is not granted to a student who would
316qualify to graduate from the sending school, the local education
317agency must provide an alternative means of acquiring required
318coursework so that graduation may occur on time.
319     B.  States shall accept exit or end-of-course exams
320required for graduation from the sending state; national norm-
321referenced achievement tests; or alternative testing, in lieu of
322testing requirements for graduation in the receiving state. If
323these alternatives cannot be accommodated by the receiving state
324for a student transferring in his or her senior year, then the
325provisions of Article VII, Section C shall apply.
326     C.  If a military student transfers at the beginning or
327during his or her senior year and is not eligible to graduate
328from the receiving local education agency after all alternatives
329have been considered, the sending and receiving local education
330agencies must ensure the receipt of a diploma from the sending
331local education agency, if the student meets the graduation
332requirements of the sending local education agency. If one of
333the states in question is not a member of this compact, the
334member state shall use its best efforts to facilitate the on-
335time graduation of the student in accordance with Sections A and
336B of this Article.
338     STATE COORDINATION.--Each member state shall, through the
339creation of a state council or use of an existing body or board,
340provide for the coordination among its agencies of government,
341local education agencies, and military installations concerning
342the state's participation in, and compliance with, this compact
343and Interstate Commission activities.
344     A.  Each member state may determine the membership of its
345own state council but the membership must include at least: the
346state superintendent of education, the superintendent of a
347school district that has a high concentration of military
348children, a representative from a military installation, one
349representative each from the legislative and executive branches
350of government, and other offices and stakeholder groups the
351state council deems appropriate. A member state that does not
352have a school district deemed to contain a high concentration of
353military children may appoint a superintendent from another
354school district to represent local education agencies on the
355state council.
356     B.  The state council of each member state shall appoint or
357designate a military family education liaison to assist military
358families and the state in facilitating the implementation of
359this compact.
360     C.  The compact commissioner responsible for the
361administration and management of the state's participation in
362the compact shall be appointed by the Governor or as otherwise
363determined by each member state.
364     D.  The compact commissioner and the military family
365education liaison shall be ex officio members of the state
366council, unless either is already a full voting member of the
367state council.
370MILITARY CHILDREN.--The member states hereby create the
371"Interstate Commission on Educational Opportunity for Military
372Children." The activities of the Interstate Commission are the
373formation of public policy and are a discretionary state
374function. The Interstate Commission shall:
375     A.  Be a body corporate and joint agency of the member
376states and shall have all the responsibilities, powers, and
377duties set forth herein, and such additional powers as may be
378conferred upon it by a subsequent concurrent action of the
379respective legislatures of the member states in accordance with
380the terms of this compact.
381     B.  Consist of one Interstate Commission voting
382representative from each member state who shall be that state's
383compact commissioner.
384     1.  Each member state represented at a meeting of the
385Interstate Commission is entitled to one vote.
386     2.  A majority of the total member states shall constitute
387a quorum for the transaction of business, unless a larger quorum
388is required by the bylaws of the Interstate Commission.
389     3.  A representative shall not delegate a vote to another
390member state. In the event the compact commissioner is unable to
391attend a meeting of the Interstate Commission, the Governor or
392state council may delegate voting authority to another person
393from their state for a specified meeting.
394     4.  The bylaws may provide for meetings of the Interstate
395Commission to be conducted by telecommunication or electronic
397     C.  Consist of ex officio, nonvoting representatives who
398are members of interested organizations. The ex officio members,
399as defined in the bylaws, may include, but not be limited to,
400members of the representative organizations of military family
401advocates, local education agency officials, parent and teacher
402groups, the United States Department of Defense, the Education
403Commission of the States, the Interstate Agreement on the
404Qualification of Educational Personnel, and other interstate
405compacts affecting the education of children of military
407     D.  Meet at least once each calendar year. The chairperson
408may call additional meetings and, upon the request of a simple
409majority of the member states, shall call additional meetings.
410     E.  Establish an executive committee, whose members shall
411include the officers of the Interstate Commission and such other
412members of the Interstate Commission as determined by the
413bylaws. Members of the executive committee shall serve a 1-year
414term. Members of the executive committee are entitled to one
415vote each. The executive committee shall have the power to act
416on behalf of the Interstate Commission, with the exception of
417rulemaking, during periods when the Interstate Commission is not
418in session. The executive committee shall oversee the day-to-day
419activities of the administration of the compact including
420enforcement and compliance with the compact, its bylaws and
421rules, and other such duties as deemed necessary. The United
422States Department of Defense shall serve as an ex officio,
423nonvoting member of the executive committee.
424     F.  Establish bylaws and rules that provide for conditions
425and procedures under which the Interstate Commission shall make
426its information and official records available to the public for
427inspection or copying. The Interstate Commission may exempt from
428disclosure information or official records to the extent they
429would adversely affect personal privacy rights or proprietary
431     G.  Give public notice of all meetings and all meetings
432shall be open to the public, except as set forth in the rules or
433as otherwise provided in the compact. The Interstate Commission
434and its committees may close a meeting, or portion thereof,
435where it determines by two-thirds vote that an open meeting
436would be likely to:
437     1.  Relate solely to the Interstate Commission's internal
438personnel practices and procedures;
439     2.  Disclose matters specifically exempted from disclosure
440by federal and state statute;
441     3.  Disclose trade secrets or commercial or financial
442information which is privileged or confidential;
443     4.  Involve accusing a person of a crime, or formally
444censuring a person;
445     5.  Disclose information of a personal nature where
446disclosure would constitute a clearly unwarranted invasion of
447personal privacy;
448     6.  Disclose investigative records compiled for law
449enforcement purposes; or
450     7.  Specifically relate to the Interstate Commission's
451participation in a civil action or other legal proceeding.
452     H.  For a meeting, or portion of a meeting, closed pursuant
453to this provision, the Interstate Commission's legal counsel or
454designee shall certify that the meeting may be closed and shall
455reference each relevant exemptible provision. The Interstate
456Commission shall keep minutes which shall fully and clearly
457describe all matters discussed in a meeting and shall provide a
458full and accurate summary of actions taken, and the reasons
459therefore, including a description of the views expressed and
460the record of a roll call vote. All documents considered in
461connection with an action shall be identified in such minutes.
462All minutes and documents of a closed meeting shall remain under
463seal, subject to release by a majority vote of the Interstate
465     I.  The Interstate Commission shall collect standardized
466data concerning the educational transition of the children of
467military families under this compact as directed through its
468rules which shall specify the data to be collected, the means of
469collection and data exchange, and reporting requirements. The
470methods of data collection, exchange, and reporting shall, in so
471far as is reasonably possible, conform to current technology and
472coordinate its information functions with the appropriate
473custodian of records as identified in the bylaws and rules.
474     J.  The Interstate Commission shall create a procedure that
475permits military officials, education officials, and parents to
476inform the Interstate Commission if and when there are alleged
477violations of the compact or its rules or when issues subject to
478the jurisdiction of the compact or its rules are not addressed
479by the state or local education agency. This section does not
480create a private right of action against the Interstate
481Commission or any member state.
484Interstate Commission has the power to:
485     A.  Provide for dispute resolution among member states.
486     B.  Adopt rules and take all necessary actions to effect
487the goals, purposes, and obligations as enumerated in this
488compact. The rules have the force and effect of statutory law
489and are binding in the compact states to the extent and in the
490manner provided in this compact.
491     C.  Issue, upon request of a member state, advisory
492opinions concerning the meaning or interpretation of the
493interstate compact, its bylaws, rules, and actions.
494     D.  Enforce compliance with the compact provisions, the
495rules adopted by the Interstate Commission, and the bylaws,
496using all necessary and proper means, including, but not limited
497to, the use of judicial process.
498     E.  Establish and maintain offices that shall be located
499within one or more of the member states.
500     F.  Purchase and maintain insurance and bonds.
501     G.  Borrow, accept, hire, or contract for services of
503     H.  Establish and appoint committees, including, but not
504limited to, an executive committee as required by Article IX,
505Section E, which shall have the power to act on behalf of the
506Interstate Commission in carrying out its powers and duties
508     I.  Elect or appoint such officers, attorneys, employees,
509agents, or consultants, and to fix their compensation, define
510their duties, and determine their qualifications; and to
511establish the Interstate Commission's personnel policies and
512programs relating to conflicts of interest, rates of
513compensation, and qualifications of personnel.
514     J.  Accept any and all donations and grants of money,
515equipment, supplies, materials, and services, and to receive,
516utilize, and dispose of it.
517     K.  Lease, purchase, accept contributions or donations of,
518or otherwise to own, hold, improve, or use any property, real,
519personal, or mixed.
520     L.  Sell, convey, mortgage, pledge, lease, exchange,
521abandon, or otherwise dispose of any property, real, personal,
522or mixed.
523     M.  Establish a budget and make expenditures.
524     N.  Adopt a seal and bylaws governing the management and
525operation of the Interstate Commission.
526     O.  Report annually to the legislatures, governors,
527judiciary, and state councils of the member states concerning
528the activities of the Interstate Commission during the preceding
529year. Such reports shall also include any recommendations that
530may have been adopted by the Interstate Commission.
531     P.  Coordinate education, training, and public awareness
532regarding the compact, its implementation, and operation for
533officials and parents involved in such activity.
534     Q.  Establish uniform standards for the reporting,
535collecting, and exchanging of data.
536     R.  Maintain corporate books and records in accordance with
537the bylaws.
538     S.  Perform such functions as may be necessary or
539appropriate to achieve the purposes of this compact.
540     T.  Provide for the uniform collection and sharing of
541information between and among member states, schools, and
542military families under this compact.
545     A.  The Interstate Commission shall, by a majority of the
546members present and voting, within 12 months after the first
547Interstate Commission meeting, adopt bylaws to govern its
548conduct as may be necessary or appropriate to carry out the
549purposes of the compact, including, but not limited to:
550     1.  Establishing the fiscal year of the Interstate
552     2.  Establishing an executive committee and such other
553committees as may be necessary;
554     3.  Providing for the establishment of committees and for
555governing any general or specific delegation of authority or
556function of the Interstate Commission;
557     4.  Providing reasonable procedures for calling and
558conducting meetings of the Interstate Commission and ensuring
559reasonable notice of each such meeting;
560     5.  Establishing the titles and responsibilities of the
561officers and staff of the Interstate Commission;
562     6.  Providing a mechanism for concluding the operations of
563the Interstate Commission and the return of surplus funds that
564may exist upon the termination of the compact after the payment
565and reserving of all of its debts and obligations.
566     7.  Providing "start up" rules for initial administration
567of the compact.
568     B.  The Interstate Commission shall, by a majority of the
569members, elect annually from among its members a chairperson, a
570vice chairperson, and a treasurer, each of whom shall have such
571authority and duties as may be specified in the bylaws. The
572chairperson or, in the chairperson's absence or disability, the
573vice chairperson shall preside at all meetings of the Interstate
574Commission. The officers so elected shall serve without
575compensation or remuneration from the Interstate Commission;
576provided that, subject to the availability of budgeted funds,
577the officers shall be reimbursed for ordinary and necessary
578costs and expenses incurred by them in the performance of their
579responsibilities as officers of the Interstate Commission.
580     C.  The executive committee has the authority and duties as
581may be set forth in the bylaws, including, but not limited to:
582     1.  Managing the affairs of the Interstate Commission in a
583manner consistent with the bylaws and purposes of the Interstate
585     2.  Overseeing an organizational structure within, and
586appropriate procedures for, the Interstate Commission to provide
587for the adoption of rules, operating procedures, and
588administrative and technical support functions; and
589     3.  Planning, implementing, and coordinating communications
590and activities with other state, federal, and local government
591organizations in order to advance the goals of the Interstate
593     D.  The executive committee may, subject to the approval of
594the Interstate Commission, appoint or retain an executive
595director for such period, upon such terms and conditions and for
596such compensation, as the Interstate Commission may deem
597appropriate. The executive director shall serve as secretary to
598the Interstate Commission, but is not a member of the Interstate
599Commission. The executive director shall hire and supervise such
600other persons as may be authorized by the Interstate Commission.
601     E.  The Interstate Commission's executive director and its
602employees are immune from suit and liability, either personally
603or in their official capacity, for a claim for damage to or loss
604of property or personal injury or other civil liability caused
605or arising out of, or relating to, an actual or alleged act,
606error, or omission that occurred, or that such person had a
607reasonable basis for believing occurred, within the scope of
608Interstate Commission employment, duties, or responsibilities,
609provided that the person is not protected from suit or liability
610for damage, loss, injury, or liability caused by the intentional
611or willful and wanton misconduct of the person.
612     1.  The liability of the Interstate Commission's executive
613director and employees or Interstate Commission representatives,
614acting within the scope of the person's employment or duties,
615for acts, errors, or omissions occurring within the person's
616state may not exceed the limits of liability set forth under the
617constitution and laws of that state for state officials,
618employees, and agents. The Interstate Commission is considered
619to be an instrumentality of the states for the purposes of any
620such action. This subsection does not protect the person from
621suit or liability for damage, loss, injury, or liability caused
622by the intentional or willful and wanton misconduct of the
624     2.  The Interstate Commission shall defend the executive
625director and its employees and, subject to the approval of the
626Attorney General or other appropriate legal counsel of the
627member state represented by an Interstate Commission
628representative, shall defend an Interstate Commission
629representative in any civil action seeking to impose liability
630arising out of an actual or alleged act, error, or omission that
631occurred within the scope of Interstate Commission employment,
632duties, or responsibilities, or that the defendant had a
633reasonable basis for believing occurred within the scope of
634Interstate Commission employment, duties, or responsibilities,
635provided that the actual or alleged act, error, or omission did
636not result from intentional or willful and wanton misconduct on
637the part of the person.
638     3.  To the extent not covered by the state involved, a
639member state, the Interstate Commission, and the representatives
640or employees of the Interstate Commission shall be held harmless
641in the amount of a settlement or judgment, including attorney's
642fees and costs, obtained against a person arising out of an
643actual or alleged act, error, or omission that occurred within
644the scope of Interstate Commission employment, duties, or
645responsibilities, or that the person had a reasonable basis for
646believing occurred within the scope of Interstate Commission
647employment, duties, or responsibilities, provided that the
648actual or alleged act, error, or omission did not result from
649intentional or willful and wanton misconduct on the part of the  
653Interstate Commission shall adopt rules to effectively and
654efficiently implement this act to achieve the purposes of this
656     A.  If the Interstate Commission exercises its rulemaking
657authority in a manner that is beyond the scope of the purposes
658of this act, or the powers granted hereunder, the action
659undertaken by the Interstate Commission is invalid and has no
660force or effect.
661     B.  Rules must be adopted pursuant to a rulemaking process
662that substantially conforms to the "Model State Administrative
663Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
6641 (2000) as amended, as may be appropriate to the operations of
665the Interstate Commission.
666     C.  No later than 30 days after a rule is adopted, a person
667may file a petition for judicial review of the rule. The filing
668of the petition does not stay, or otherwise prevent the rule
669from becoming effective, unless a court finds that the
670petitioner has a substantial likelihood of success on the merits
671of the petition. The court shall give deference to the actions
672of the Interstate Commission consistent with applicable law and
673shall not find the rule to be unlawful if the rule represents a
674reasonable exercise of the Interstate Commission's authority.
675     D.  If a majority of the legislatures of the compacting
676states rejects a rule by enactment of a statute or resolution in
677the same manner used to adopt the compact, then the rule is
678invalid and has no further force and effect in any compacting
682     A.  The executive, legislative, and judicial branches of
683state government in each member state shall enforce this compact
684and shall take all actions necessary and appropriate to
685effectuate the compact's purposes and intent. The provisions of
686this compact and the rules adopted under it have the force and
687effect of statutory law.
688     B.  All courts shall take judicial notice of the compact
689and its adopted rules in any judicial or administrative
690proceeding in a member state pertaining to the subject matter of
691this compact which may affect the powers, responsibilities, or
692actions of the Interstate Commission.
693     C.  The Interstate Commission is entitled to receive all
694service of process in any such proceeding, and has standing to
695intervene in the proceeding for all purposes. Failure to provide
696service of process to the Interstate Commission renders a
697judgment or order void as to the Interstate Commission, this
698compact, or its adopted rules.
699     D.  If the Interstate Commission determines that a member
700state has defaulted in the performance of its obligations or
701responsibilities under this compact, or the bylaws or the
702adopted rules, the Interstate Commission shall:
703     1.  Provide written notice to the defaulting state and
704other member states of the nature of the default, the means of
705curing the default, and any action taken by the Interstate
706Commission. The Interstate Commission must specify the
707conditions by which the defaulting state must cure its default.
708     2.  Provide remedial training and specific technical
709assistance regarding the default.
710     3.  If the defaulting state fails to cure the default,
711terminate the defaulting state from the compact upon an
712affirmative vote of a majority of the member states and all
713rights, privileges, and benefits conferred by this compact shall
714be terminated from the effective date of termination. A cure of
715the default does not relieve the offending state of obligations
716or liabilities incurred during the period of the default.
717     E.  Suspension or termination of membership in the compact
718may not be imposed on a member until all other means of securing
719compliance have been exhausted. Notice of the intent to suspend
720or terminate membership must be given by the Interstate
721Commission to the Governor, the majority and minority leaders of
722the defaulting state's legislature, and each of the member
724     F.  A state that has been suspended or terminated is
725responsible for all assessments, obligations, and liabilities
726incurred through the effective date of suspension or termination
727including obligations, the performance of which extends beyond
728the effective date of suspension or termination.
729     G.  The remaining member states of the Interstate
730Commission do not bear any costs arising from a state that has
731been found to be in default or that has been suspended or
732terminated from the compact, unless otherwise mutually agreed
733upon in writing between the Interstate Commission and the
734defaulting state.
735     H.  A defaulting state may appeal the action of the
736Interstate Commission by petitioning the United States District
737Court for the District of Columbia or the federal district where
738the Interstate Commission has its principal offices. The
739prevailing party shall be awarded all costs of such litigation
740including reasonable attorney's fees.
741     I.  The Interstate Commission shall attempt, upon the
742request of a member state, to resolve disputes that are subject
743to the compact and that may arise among member states and
744between member and nonmember states. The Interstate Commission
745shall promulgate a rule providing for both mediation and binding
746dispute resolution for disputes as appropriate.
747     1.  The Interstate Commission, in the reasonable exercise
748of its discretion, shall enforce the provisions and rules of
749this compact.
750     2.  The Interstate Commission may, by majority vote of the
751members, initiate legal action in the United States District
752Court for the District of Columbia or, at the discretion of the
753Interstate Commission, in the federal district where the
754Interstate Commission has its principal offices to enforce
755compliance with the provisions of the compact, or its
756promulgated rules and bylaws, against a member state in default.
757The relief sought may include both injunctive relief and
758damages. In the event judicial enforcement is necessary, the
759prevailing party shall be awarded all costs of such litigation,
760including reasonable attorney's fees.
761     3.  The remedies herein are not the exclusive remedies of
762the Interstate Commission. The Interstate Commission may avail
763itself of any other remedies available under state law or the
764regulation of a profession.
767     A.  The Interstate Commission shall pay, or provide for the
768payment of, the reasonable expenses of its establishment,
769organization, and ongoing activities.
770     B.  The Interstate Commission may levy on and collect an
771annual assessment from each member state to cover the cost of
772the operations and activities of the Interstate Commission and
773its staff which must be in a total amount sufficient to cover
774the Interstate Commission's annual budget as approved each year.
775The aggregate annual assessment amount shall be allocated based
776upon a formula to be determined by the Interstate Commission,
777which shall adopt a rule binding upon all member states.
778     C.  The Interstate Commission may not incur any obligation
779of any kind before securing the funds adequate to meet the
780obligation and the Interstate Commission may not pledge the
781credit of any of the member states, except by and with the
782permission of the member state.
783     D.  The Interstate Commission shall keep accurate accounts
784of all receipts and disbursements. The receipts and
785disbursements of the Interstate Commission are subject to audit
786and accounting procedures established under its bylaws. However,
787all receipts and disbursements of funds handled by the
788Interstate Commission shall by audited yearly by a certified or
789licensed public accountant and the report of the audit shall be
790included in and become part of the annual report of the
791Interstate Commission.
794     A.  Any state is eligible to become a member state.
795     B.  The compact shall take effect and be binding upon
796legislative enactment of the compact into law by not less than
79710 of the states. The effective date shall be no earlier than
798December 1, 2007. Thereafter, it shall become effective and
799binding as to any other member state upon enactment of the
800compact into law by that state. The governors of nonmember
801states or their designees shall be invited to participate in the
802activities of the Interstate Commission on a nonvoting basis
803before adoption of the compact by all states.
804     C.  The Interstate Commission may propose amendments to the
805compact for enactment by the member states. An amendment does
806not become effective and binding upon the Interstate Commission
807and the member states until the amendment is enacted into law by
808unanimous consent of the member states.
811     A.  Once in effect, the compact continues in force and
812remains binding upon each and every member state, provided that
813a member state may withdraw from the compact, specifically
814repealing the statute that enacted the compact into law.
815     1.  Withdrawal from the compact occurs when a statute
816repealing its membership is enacted by the state, but does not
817take effect until 1 year after the effective date of the statute
818and until written notice of the withdrawal has been given by the
819withdrawing state to the Governor of each other member state.
820     2.  The withdrawing state must immediately notify the
821chairperson of the Interstate Commission in writing upon the
822introduction of legislation repealing this compact in the
823withdrawing state. The Interstate Commission shall notify the
824other member states of the withdrawing state's intent to
825withdraw within 60 days after its receipt thereof.
826     3.  A withdrawing state is responsible for all assessments,
827obligations, and liabilities incurred through the effective date
828of withdrawal, including obligations, the performance of which
829extend beyond the effective date of withdrawal.
830     4.  Reinstatement following withdrawal of a member state
831shall occur upon the withdrawing state reenacting the compact or
832upon such later date as determined by the Interstate Commission.
833     B.  This compact shall dissolve effective upon the date of
834the withdrawal or default of the member state which reduces the
835membership in the compact to one member state.
836     C.  Upon the dissolution of this compact, the compact
837becomes void and has no further force or effect, and the
838business and affairs of the Interstate Commission shall be
839concluded and surplus funds shall be distributed in accordance
840with the bylaws.
843     A.  The provisions of this compact shall be severable, and
844if any phrase, clause, sentence, or provision is deemed
845unenforceable, the remaining provisions of the compact shall be
847     B.  The provisions of this compact shall be liberally
848construed to effectuate its purposes.
849     C.  This compact does not prohibit the applicability of
850other interstate compacts to which the states are members.
853     A.  This compact does not prevent the enforcement of any
854other law of a member state that is not inconsistent with this
856     B.  All member states' laws conflicting with this compact
857are superseded to the extent of the conflict.
858     C.  All lawful actions of the Interstate Commission,
859including all rules and bylaws promulgated by the Interstate
860Commission, are binding upon the member states.
861     D.  All agreements between the Interstate Commission and
862the member states are binding in accordance with their terms.
863     E.  If any part of this compact exceeds the constitutional
864limits imposed on the Legislature of any member state, the
865provision shall be ineffective to the extent of the conflict
866with the constitutional provision in question in that member
868     Section 2.  Section 1000.37, Florida Statutes, is created
869to read:
870     1000.37  Copies to other states approving.--After the
871effective date of this act, the Secretary of State shall furnish
872to each of the states approving the Interstate Compact on
873Educational Opportunity for Military Children an enrolled copy
874of this act.
875     Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.