HB 1203

1	A bill to be entitled
2	An act relating to the Interstate Compact on
3	Educational Opportunity for Military Children;
4	creating s. 1000.36, F.S.; directing the Governor to
5	execute the Interstate Compact on Educational
6	Opportunity for Military Children on behalf of this
7	state with any other state or states legally adopting
8	the compact; providing definitions; providing
9	applicability; providing for the transfer of education
10	records from a sending to a receiving state; requiring
11	that children of military personnel be enrolled in
12	classes at current grade level; providing for
13	eligibility for graduation; providing for a state
14	council to coordinate agencies and schools; providing
15	for membership on the council; creating the Interstate
16	Commission on Educational Opportunity for Military
17	Children; providing for membership, organization,
18	meetings, operations, powers, and duties; creating an
19	executive committee; requiring the commission to adopt
20	rules; providing for a legal challenge to the adopted
21	rules; providing for oversight, enforcement, and
22	dispute resolution; providing procedures to suspend or
23	terminate member states; authorizing the commission to
24	levy and collect an annual assessment from each member
25	state; providing the method for the compact to become
26	effective and binding on the member states; providing
27	procedures for the withdrawal of a member state;
28	providing severability; providing for the effect of
29	the compact on member states' laws; creating s.
30	1000.37, F.S.; requiring the Secretary of State to
31	furnish a copy of the enrolled act enacting the
32	Interstate Compact on Educational Opportunity for
33	Military Children to each of the states approving the
34	compact; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 1000.36, Florida Statutes, is created
39	to read:
40	1000.36  Interstate Compact on Educational
41	Opportunity for Military Children.--The Governor is authorized
42	and directed to execute the Interstate Compact on Educational
43	Opportunity for Military Children on behalf of this state with
44	any other state or states legally joining therein in the form
45	substantially as follows:
46	Interstate Compact on Educational
47	Opportunity for Military Children
48	ARTICLE I
49	PURPOSE.--It is the purpose of this compact to remove
50	barriers to educational success imposed on children of military
51	families because of frequent moves and deployment of their
52	parents by:
53	A.  Facilitating the timely enrollment of children of
54	military families and ensuring that they are not placed at a
55	disadvantage due to difficulty in the transfer of education
56	records from the previous school district or variations in
57	entrance or age requirements.
58	B.  Facilitating the student placement process through
59	which children of military families are not disadvantaged by
60	variations in attendance requirements, scheduling, sequencing,
61	grading, course content, or assessment.
62	C.  Facilitating the qualification and eligibility for
63	enrollment, educational programs, and participation in
64	extracurricular academic, athletic, and social activities.
65	D.  Facilitating the on-time graduation of children of
66	military families.
67	E.  Providing for the adoption and enforcement of
68	administrative rules implementing this compact.
69	F.  Providing for the uniform collection and sharing of
70	information between and among member states, schools, and
71	military families under this compact.
72	G.  Promoting coordination between this compact and other
73	compacts affecting military children.
74	H.  Promoting flexibility and cooperation between the
75	educational system, parents, and the student in order to achieve
76	educational success for the student.
77	ARTICLE II
78	DEFINITIONS.--As used in this compact, unless the context
79	clearly requires a different construction, the term:
80	A.  "Active duty" means the full-time duty status in the
81	active uniformed service of the United States, including members
82	of the National Guard and Reserve on active duty orders pursuant
83	to 10 U.S.C. ss. 1209 and 1211.
84	B.  "Children of military families" means school-aged
85	children, enrolled in kindergarten through 12th grade, in the
86	household of an active-duty member.
87	C.  "Compact commissioner" means the voting representative
88	of each compacting state appointed under Article VIII of this
89	compact.
90	D.  "Deployment" means the period 1 month before the
91	service members' departure from their home station on military
92	orders though 6 months after return to their home station.
93	E.  "Educational records" or "education records" means
94	those official records, files, and data directly related to a
95	student and maintained by the school or local education agency,
96	including, but not limited to, records encompassing all the
97	material kept in the student's cumulative folder such as general
98	identifying data, records of attendance and of academic work
99	completed, records of achievement and results of evaluative
100	tests, health data, disciplinary status, test protocols, and
101	individualized education programs.
102	F.  "Extracurricular activities" means a voluntary activity
103	sponsored by the school or local education agency or an
104	organization sanctioned by the local education agency.
105	Extracurricular activities include, but are not limited to,
106	preparation for and involvement in public performances,
107	contests, athletic competitions, demonstrations, displays, and
108	club activities.
109	G.  "Interstate Commission on Educational Opportunity for
110	Military Children" means the commission that is created under
111	Article IX of this compact, which is generally referred to as
112	the Interstate Commission.
113	H.  "Local education agency" means a public authority
114	legally constituted by the state as an administrative agency to
115	provide control of, and direction for, kindergarten through 12th
116	grade public educational institutions.
117	I.  "Member state" means a state that has enacted this
118	compact.
119	J.  "Military installation" means a base, camp, post,
120	station, yard, center, homeport facility for any ship, or other
121	activity under the jurisdiction of the Department of Defense,
122	including any leased facility, which is located within any of
123	the several states, the District of Columbia, the Commonwealth
124	of Puerto Rico, the United States Virgin Islands, Guam, American
125	Samoa, the Northern Marianas Islands, and any other United
126	States Territory. The term does not include any facility used
127	primarily for civil works, rivers and harbors projects, or flood
128	control projects.
129	K.  "Nonmember state" means a state that has not enacted
130	this compact.
131	L.  "Receiving state" means the state to which a child of a
132	military family is sent, brought, or caused to be sent or
133	brought.
134	M.  "Rule" means a written statement by the Interstate
135	Commission adopted under Article XII of this compact which is of
136	general applicability, implements, interprets, or prescribes a
137	policy or provision of the compact, or an organizational,
138	procedural, or practice requirement of the Interstate
139	Commission, and has the force and effect of statutory law in a
140	member state, and includes the amendment, repeal, or suspension
141	of an existing rule.
142	N.  "Sending state" means the state from which a child of a
143	military family is sent, brought, or caused to be sent or
144	brought.
145	O.  "State" means a state of the United States, the
146	District of Columbia, the Commonwealth of Puerto Rico, the
147	United States Virgin Islands, Guam, American Samoa, the Northern
148	Marianas Islands, and any other United States Territory.
149	P.  "Student" means the child of a military family for whom
150	the local education agency receives public funding and who is
151	formally enrolled in kindergarten through 12th grade.
152	Q.  "Transition" means:
153	1.  The formal and physical process of transferring from
154	school to school; or
155	2.  The period of time in which a student moves from one
156	school in the sending state to another school in the receiving
157	state.
158	R.  "Uniformed services" means the Army, Navy, Air Force,
159	Marine Corps, Coast Guard as well as the Commissioned Corps of
160	the National Oceanic and Atmospheric Administration, and Public
161	Health Services.
162	S.  "Veteran" means a person who served in the uniformed
163	services and who was discharged or released therefrom under
164	conditions other than dishonorable.
165	ARTICLE III
166	APPLICABILITY.--
167	A.  Except as otherwise provided in Section C, this compact
168	applies to the children of:
169	1.  Active duty members of the uniformed services,
170	including members of the National Guard and Reserve on active-
171	duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
172	2.  Members or veterans of the uniformed services who are
173	severely injured and medically discharged or retired for a
174	period of 1 year after medical discharge or retirement; and
175	3.  Members of the uniformed services who die on active
176	duty or as a result of injuries sustained on active duty for a
177	period of 1 year after death.
178	B.  This interstate compact applies to local education
179	agencies.
180	C.  This compact does not apply to the children of:
181	1.  Inactive members of the national guard and military
182	reserves;
183	2.  Members of the uniformed services now retired, except
184	as provided in Section A;
185	3.  Veterans of the uniformed services, except as provided
186	in Section A; and
187	4.  Other United States Department of Defense personnel and
188	other federal agency civilian and contract employees not defined
189	as active-duty members of the uniformed services.
190	ARTICLE IV
191	EDUCATIONAL RECORDS AND ENROLLMENT.--
192	A.  If a child's official education records cannot be
193	released to the parents for the purpose of transfer, the
194	custodian of the records in the sending state shall prepare and
195	furnish to the parent a complete set of unofficial educational
196	records containing uniform information as determined by the
197	Interstate Commission. Upon receipt of the unofficial education
198	records by a school in the receiving state, that school shall
199	enroll and appropriately place the student based on the
200	information provided in the unofficial records pending
201	validation by the official records, as quickly as possible.
202	B.  Simultaneous with the enrollment and conditional
203	placement of the student, the school in the receiving state
204	shall request the student's official education record from the
205	school in the sending state. Upon receipt of the record, the
206	school in the sending state shall process and furnish the
207	official education records to the school in the receiving state
208	within 10 days or within such time as is reasonably determined
209	under the rules adopted by the Interstate Commission.
210	C.  Compact states must give 30 days from the date of
211	enrollment or within such time as is reasonably determined under
212	the rules adopted by the Interstate Commission for students to
213	obtain any immunization required by the receiving state. For a
214	series of immunizations, initial vaccinations must be obtained
215	within 30 days or within such time as is reasonably determined
216	under the rules promulgated by the Interstate Commission.
217	D.  Students shall be allowed to continue their enrollment
218	at grade level in the receiving state commensurate with their
219	grade level, including kindergarten, from a local education
220	agency in the sending state at the time of transition,
221	regardless of age. A student who has satisfactorily completed
222	the prerequisite grade level in the local education agency in
223	the sending state is eligible for enrollment in the next highest
224	grade level in the receiving state, regardless of age. A student
225	transferring after the start of the school year in the receiving
226	state shall enter the school in the receiving state on their
227	validated level from an accredited school in the sending state.
228	ARTICLE V
229	PLACEMENT AND ATTENDANCE.--
230	A.  If a student transfers before or during the school
231	year, the receiving state school shall initially honor placement
232	of the student in educational courses based on the student's
233	enrollment in the sending state school or educational
234	assessments conducted at the school in the sending state if the
235	courses are offered. Course placement includes, but is not
236	limited to, Honors, International Baccalaureate, Advanced
237	Placement, vocational, technical, and career pathways courses.
238	Continuing the student's academic program from the previous
239	school and promoting placement in academically and career
240	challenging courses should be paramount when considering
241	placement. A school in the receiving state is not precluded from
242	performing subsequent evaluations to ensure appropriate
243	placement and continued enrollment of the student in the
244	courses.
245	B.  The receiving state school must initially honor
246	placement of the student in educational programs based on
247	current educational assessments conducted at the school in the
248	sending state or participation or placement in like programs in
249	the sending state. Such programs include, but are not limited
250	to:
251	1.  Gifted and talented programs; and
252	2.  English as a second language (ESL).
253
254	A school in the receiving state is not precluded from performing
255	subsequent evaluations to ensure appropriate placement and
256	continued enrollment of the student in the courses.
257	C.  A receiving state must initially provide comparable
258	services to a student with disabilities based on his or her
259	current individualized education program (IEP) in compliance
260	with the requirements of the Individuals with Disabilities
261	Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
262	state must make reasonable accommodations and modifications to
263	address the needs of incoming students with disabilities,
264	subject to an existing section 504 or title II plan, to provide
265	the student with equal access to education, in compliance with
266	the provisions of Section 504 of the Rehabilitation Act, 29
267	U.S.C.A. s. 794, and with title II of the Americans with
268	Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
269	receiving state is not precluded from performing subsequent
270	evaluations to ensure appropriate placement and continued
271	enrollment of the student in the courses.
272	D.  Local education agency administrative officials may
273	waive course or program prerequisites, or other preconditions
274	for placement in courses or programs offered under the
275	jurisdiction of the local education agency.
276	E.  A student whose parent or legal guardian is an active-
277	duty member of the uniformed services and has been called to
278	duty for, is on leave from, or immediately returned from
279	deployment to, a combat zone or combat support posting shall be
280	granted additional excused absences at the discretion of the
281	local education agency superintendent to visit with his or her
282	parent or legal guardian relative to such leave or deployment of
283	the parent or guardian.
284	ARTICLE VI
285	ELIGIBILITY.--
286	A.  When considering the eligibility of a child for
287	enrolling in a school:
288	1.  A special power of attorney relative to the
289	guardianship of a child of a military family and executed under
290	applicable law is sufficient for the purposes of enrolling the
291	child in school and for all other actions requiring parental
292	participation and consent.
293	2.  A local education agency is prohibited from charging
294	local tuition to a transitioning military child placed in the
295	care of a noncustodial parent or other person standing in loco
296	parentis who lives in a school's jurisdiction different from
297	that of the custodial parent.
298	3.  A transitioning military child, placed in the care of a
299	noncustodial parent or other person standing in loco parentis
300	who lives in a school's jurisdiction different from that of the
301	custodial parent, may continue to attend the school in which he
302	or she was enrolled while residing with the custodial parent.
303	B.  State and local education agencies must facilitate the
304	opportunity for transitioning military children's inclusion in
305	extracurricular activities, regardless of application deadlines,
306	to the extent they are otherwise qualified.
307	ARTICLE VII
308	GRADUATION.--In order to facilitate the on-time graduation
309	of children of military families, states and local education
310	agencies shall incorporate the following procedures:
311	A.  Local education agency administrative officials shall
312	waive specific courses required for graduation if similar course
313	work has been satisfactorily completed in another local
314	education agency or shall provide reasonable justification for
315	denial. If a waiver is not granted to a student who would
316	qualify to graduate from the sending school, the local education
317	agency must provide an alternative means of acquiring required
318	coursework so that graduation may occur on time.
319	B.  States shall accept exit or end-of-course exams
320	required for graduation from the sending state; national norm-
321	referenced achievement tests; or alternative testing, in lieu of
322	testing requirements for graduation in the receiving state. If
323	these alternatives cannot be accommodated by the receiving state
324	for a student transferring in his or her senior year, then the
325	provisions of Article VII, Section C shall apply.
326	C.  If a military student transfers at the beginning or
327	during his or her senior year and is not eligible to graduate
328	from the receiving local education agency after all alternatives
329	have been considered, the sending and receiving local education
330	agencies must ensure the receipt of a diploma from the sending
331	local education agency, if the student meets the graduation
332	requirements of the sending local education agency. If one of
333	the states in question is not a member of this compact, the
334	member state shall use its best efforts to facilitate the on-
335	time graduation of the student in accordance with Sections A and
336	B of this Article.
337	ARTICLE VIII
338	STATE COORDINATION.--Each member state shall, through the
339	creation of a state council or use of an existing body or board,
340	provide for the coordination among its agencies of government,
341	local education agencies, and military installations concerning
342	the state's participation in, and compliance with, this compact
343	and Interstate Commission activities.
344	A.  Each member state may determine the membership of its
345	own state council but the membership must include at least: the
346	state superintendent of education, the superintendent of a
347	school district that has a high concentration of military
348	children, a representative from a military installation, one
349	representative each from the legislative and executive branches
350	of government, and other offices and stakeholder groups the
351	state council deems appropriate. A member state that does not
352	have a school district deemed to contain a high concentration of
353	military children may appoint a superintendent from another
354	school district to represent local education agencies on the
355	state council.
356	B.  The state council of each member state shall appoint or
357	designate a military family education liaison to assist military
358	families and the state in facilitating the implementation of
359	this compact.
360	C.  The compact commissioner responsible for the
361	administration and management of the state's participation in
362	the compact shall be appointed by the Governor or as otherwise
363	determined by each member state.
364	D.  The compact commissioner and the military family
365	education liaison shall be ex officio members of the state
366	council, unless either is already a full voting member of the
367	state council.
368	ARTICLE IX
369	INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
370	MILITARY CHILDREN.--The member states hereby create the
371	"Interstate Commission on Educational Opportunity for Military
372	Children." The activities of the Interstate Commission are the
373	formation of public policy and are a discretionary state
374	function. The Interstate Commission shall:
375	A.  Be a body corporate and joint agency of the member
376	states and shall have all the responsibilities, powers, and
377	duties set forth herein, and such additional powers as may be
378	conferred upon it by a subsequent concurrent action of the
379	respective legislatures of the member states in accordance with
380	the terms of this compact.
381	B.  Consist of one Interstate Commission voting
382	representative from each member state who shall be that state's
383	compact commissioner.
384	1.  Each member state represented at a meeting of the
385	Interstate Commission is entitled to one vote.
386	2.  A majority of the total member states shall constitute
387	a quorum for the transaction of business, unless a larger quorum
388	is required by the bylaws of the Interstate Commission.
389	3.  A representative shall not delegate a vote to another
390	member state. In the event the compact commissioner is unable to
391	attend a meeting of the Interstate Commission, the Governor or
392	state council may delegate voting authority to another person
393	from their state for a specified meeting.
394	4.  The bylaws may provide for meetings of the Interstate
395	Commission to be conducted by telecommunication or electronic
396	communication.
397	C.  Consist of ex officio, nonvoting representatives who
398	are members of interested organizations. The ex officio members,
399	as defined in the bylaws, may include, but not be limited to,
400	members of the representative organizations of military family
401	advocates, local education agency officials, parent and teacher
402	groups, the United States Department of Defense, the Education
403	Commission of the States, the Interstate Agreement on the
404	Qualification of Educational Personnel, and other interstate
405	compacts affecting the education of children of military
406	members.
407	D.  Meet at least once each calendar year. The chairperson
408	may call additional meetings and, upon the request of a simple
409	majority of the member states, shall call additional meetings.
410	E.  Establish an executive committee, whose members shall
411	include the officers of the Interstate Commission and such other
412	members of the Interstate Commission as determined by the
413	bylaws. Members of the executive committee shall serve a 1-year
414	term. Members of the executive committee are entitled to one
415	vote each. The executive committee shall have the power to act
416	on behalf of the Interstate Commission, with the exception of
417	rulemaking, during periods when the Interstate Commission is not
418	in session. The executive committee shall oversee the day-to-day
419	activities of the administration of the compact including
420	enforcement and compliance with the compact, its bylaws and
421	rules, and other such duties as deemed necessary. The United
422	States Department of Defense shall serve as an ex officio,
423	nonvoting member of the executive committee.
424	F.  Establish bylaws and rules that provide for conditions
425	and procedures under which the Interstate Commission shall make
426	its information and official records available to the public for
427	inspection or copying. The Interstate Commission may exempt from
428	disclosure information or official records to the extent they
429	would adversely affect personal privacy rights or proprietary
430	interests.
431	G.  Give public notice of all meetings and all meetings
432	shall be open to the public, except as set forth in the rules or
433	as otherwise provided in the compact. The Interstate Commission
434	and its committees may close a meeting, or portion thereof,
435	where it determines by two-thirds vote that an open meeting
436	would be likely to:
437	1.  Relate solely to the Interstate Commission's internal
438	personnel practices and procedures;
439	2.  Disclose matters specifically exempted from disclosure
440	by federal and state statute;
441	3.  Disclose trade secrets or commercial or financial
442	information which is privileged or confidential;
443	4.  Involve accusing a person of a crime, or formally
444	censuring a person;
445	5.  Disclose information of a personal nature where
446	disclosure would constitute a clearly unwarranted invasion of
447	personal privacy;
448	6.  Disclose investigative records compiled for law
449	enforcement purposes; or
450	7.  Specifically relate to the Interstate Commission's
451	participation in a civil action or other legal proceeding.
452	H.  For a meeting, or portion of a meeting, closed pursuant
453	to this provision, the Interstate Commission's legal counsel or
454	designee shall certify that the meeting may be closed and shall
455	reference each relevant exemptible provision. The Interstate
456	Commission shall keep minutes which shall fully and clearly
457	describe all matters discussed in a meeting and shall provide a
458	full and accurate summary of actions taken, and the reasons
459	therefore, including a description of the views expressed and
460	the record of a roll call vote. All documents considered in
461	connection with an action shall be identified in such minutes.
462	All minutes and documents of a closed meeting shall remain under
463	seal, subject to release by a majority vote of the Interstate
464	Commission.
465	I.  The Interstate Commission shall collect standardized
466	data concerning the educational transition of the children of
467	military families under this compact as directed through its
468	rules which shall specify the data to be collected, the means of
469	collection and data exchange, and reporting requirements. The
470	methods of data collection, exchange, and reporting shall, in so
471	far as is reasonably possible, conform to current technology and
472	coordinate its information functions with the appropriate
473	custodian of records as identified in the bylaws and rules.
474	J.  The Interstate Commission shall create a procedure that
475	permits military officials, education officials, and parents to
476	inform the Interstate Commission if and when there are alleged
477	violations of the compact or its rules or when issues subject to
478	the jurisdiction of the compact or its rules are not addressed
479	by the state or local education agency. This section does not
480	create a private right of action against the Interstate
481	Commission or any member state.
482	ARTICLE X
483	POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The
484	Interstate 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
487	the goals, purposes, and obligations as enumerated in this
488	compact. The rules have the force and effect of statutory law
489	and are binding in the compact states to the extent and in the
490	manner provided in this compact.
491	C.  Issue, upon request of a member state, advisory
492	opinions concerning the meaning or interpretation of the
493	interstate compact, its bylaws, rules, and actions.
494	D.  Enforce compliance with the compact provisions, the
495	rules adopted by the Interstate Commission, and the bylaws,
496	using all necessary and proper means, including, but not limited
497	to, the use of judicial process.
498	E.  Establish and maintain offices that shall be located
499	within 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
502	personnel.
503	H.  Establish and appoint committees, including, but not
504	limited to, an executive committee as required by Article IX,
505	Section E, which shall have the power to act on behalf of the
506	Interstate Commission in carrying out its powers and duties
507	hereunder.
508	I.  Elect or appoint such officers, attorneys, employees,
509	agents, or consultants, and to fix their compensation, define
510	their duties, and determine their qualifications; and to
511	establish the Interstate Commission's personnel policies and
512	programs relating to conflicts of interest, rates of
513	compensation, and qualifications of personnel.
514	J.  Accept any and all donations and grants of money,
515	equipment, supplies, materials, and services, and to receive,
516	utilize, and dispose of it.
517	K.  Lease, purchase, accept contributions or donations of,
518	or otherwise to own, hold, improve, or use any property, real,
519	personal, or mixed.
520	L.  Sell, convey, mortgage, pledge, lease, exchange,
521	abandon, or otherwise dispose of any property, real, personal,
522	or mixed.
523	M.  Establish a budget and make expenditures.
524	N.  Adopt a seal and bylaws governing the management and
525	operation of the Interstate Commission.
526	O.  Report annually to the legislatures, governors,
527	judiciary, and state councils of the member states concerning
528	the activities of the Interstate Commission during the preceding
529	year. Such reports shall also include any recommendations that
530	may have been adopted by the Interstate Commission.
531	P.  Coordinate education, training, and public awareness
532	regarding the compact, its implementation, and operation for
533	officials and parents involved in such activity.
534	Q.  Establish uniform standards for the reporting,
535	collecting, and exchanging of data.
536	R.  Maintain corporate books and records in accordance with
537	the bylaws.
538	S.  Perform such functions as may be necessary or
539	appropriate to achieve the purposes of this compact.
540	T.  Provide for the uniform collection and sharing of
541	information between and among member states, schools, and
542	military families under this compact.
543	ARTICLE XI
544	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--
545	A.  The Interstate Commission shall, by a majority of the
546	members present and voting, within 12 months after the first
547	Interstate Commission meeting, adopt bylaws to govern its
548	conduct as may be necessary or appropriate to carry out the
549	purposes of the compact, including, but not limited to:
550	1.  Establishing the fiscal year of the Interstate
551	Commission;
552	2.  Establishing an executive committee and such other
553	committees as may be necessary;
554	3.  Providing for the establishment of committees and for
555	governing any general or specific delegation of authority or
556	function of the Interstate Commission;
557	4.  Providing reasonable procedures for calling and
558	conducting meetings of the Interstate Commission and ensuring
559	reasonable notice of each such meeting;
560	5.  Establishing the titles and responsibilities of the
561	officers and staff of the Interstate Commission;
562	6.  Providing a mechanism for concluding the operations of
563	the Interstate Commission and the return of surplus funds that
564	may exist upon the termination of the compact after the payment
565	and reserving of all of its debts and obligations.
566	7.  Providing "start up" rules for initial administration
567	of the compact.
568	B.  The Interstate Commission shall, by a majority of the
569	members, elect annually from among its members a chairperson, a
570	vice chairperson, and a treasurer, each of whom shall have such
571	authority and duties as may be specified in the bylaws. The
572	chairperson or, in the chairperson's absence or disability, the
573	vice chairperson shall preside at all meetings of the Interstate
574	Commission. The officers so elected shall serve without
575	compensation or remuneration from the Interstate Commission;
576	provided that, subject to the availability of budgeted funds,
577	the officers shall be reimbursed for ordinary and necessary
578	costs and expenses incurred by them in the performance of their
579	responsibilities as officers of the Interstate Commission.
580	C.  The executive committee has the authority and duties as
581	may be set forth in the bylaws, including, but not limited to:
582	1.  Managing the affairs of the Interstate Commission in a
583	manner consistent with the bylaws and purposes of the Interstate
584	Commission;
585	2.  Overseeing an organizational structure within, and
586	appropriate procedures for, the Interstate Commission to provide
587	for the adoption of rules, operating procedures, and
588	administrative and technical support functions; and
589	3.  Planning, implementing, and coordinating communications
590	and activities with other state, federal, and local government
591	organizations in order to advance the goals of the Interstate
592	Commission.
593	D.  The executive committee may, subject to the approval of
594	the Interstate Commission, appoint or retain an executive
595	director for such period, upon such terms and conditions and for
596	such compensation, as the Interstate Commission may deem
597	appropriate. The executive director shall serve as secretary to
598	the Interstate Commission, but is not a member of the Interstate
599	Commission. The executive director shall hire and supervise such
600	other persons as may be authorized by the Interstate Commission.
601	E.  The Interstate Commission's executive director and its
602	employees are immune from suit and liability, either personally
603	or in their official capacity, for a claim for damage to or loss
604	of property or personal injury or other civil liability caused
605	or arising out of, or relating to, an actual or alleged act,
606	error, or omission that occurred, or that such person had a
607	reasonable basis for believing occurred, within the scope of
608	Interstate Commission employment, duties, or responsibilities,
609	provided that the person is not protected from suit or liability
610	for damage, loss, injury, or liability caused by the intentional
611	or willful and wanton misconduct of the person.
612	1.  The liability of the Interstate Commission's executive
613	director and employees or Interstate Commission representatives,
614	acting within the scope of the person's employment or duties,
615	for acts, errors, or omissions occurring within the person's
616	state may not exceed the limits of liability set forth under the
617	constitution and laws of that state for state officials,
618	employees, and agents. The Interstate Commission is considered
619	to be an instrumentality of the states for the purposes of any
620	such action. This subsection does not protect the person from
621	suit or liability for damage, loss, injury, or liability caused
622	by the intentional or willful and wanton misconduct of the
623	person.
624	2.  The Interstate Commission shall defend the executive
625	director and its employees and, subject to the approval of the
626	Attorney General or other appropriate legal counsel of the
627	member state represented by an Interstate Commission
628	representative, shall defend an Interstate Commission
629	representative in any civil action seeking to impose liability
630	arising out of an actual or alleged act, error, or omission that
631	occurred within the scope of Interstate Commission employment,
632	duties, or responsibilities, or that the defendant had a
633	reasonable basis for believing occurred within the scope of
634	Interstate Commission employment, duties, or responsibilities,
635	provided that the actual or alleged act, error, or omission did
636	not result from intentional or willful and wanton misconduct on
637	the part of the person.
638	3.  To the extent not covered by the state involved, a
639	member state, the Interstate Commission, and the representatives
640	or employees of the Interstate Commission shall be held harmless
641	in the amount of a settlement or judgment, including attorney's
642	fees and costs, obtained against a person arising out of an
643	actual or alleged act, error, or omission that occurred within
644	the scope of Interstate Commission employment, duties, or
645	responsibilities, or that the person had a reasonable basis for
646	believing occurred within the scope of Interstate Commission
647	employment, duties, or responsibilities, provided that the
648	actual or alleged act, error, or omission did not result from
649	intentional or willful and wanton misconduct on the part of the
650	person.
651	ARTICLE XII
652	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--The
653	Interstate Commission shall adopt rules to effectively and
654	efficiently implement this act to achieve the purposes of this
655	compact.
656	A.  If the Interstate Commission exercises its rulemaking
657	authority in a manner that is beyond the scope of the purposes
658	of this act, or the powers granted hereunder, the action
659	undertaken by the Interstate Commission is invalid and has no
660	force or effect.
661	B.  Rules must be adopted pursuant to a rulemaking process
662	that substantially conforms to the "Model State Administrative
663	Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
664	1 (2000) as amended, as may be appropriate to the operations of
665	the Interstate Commission.
666	C.  No later than 30 days after a rule is adopted, a person
667	may file a petition for judicial review of the rule. The filing
668	of the petition does not stay, or otherwise prevent the rule
669	from becoming effective, unless a court finds that the
670	petitioner has a substantial likelihood of success on the merits
671	of the petition. The court shall give deference to the actions
672	of the Interstate Commission consistent with applicable law and
673	shall not find the rule to be unlawful if the rule represents a
674	reasonable exercise of the Interstate Commission's authority.
675	D.  If a majority of the legislatures of the compacting
676	states rejects a rule by enactment of a statute or resolution in
677	the same manner used to adopt the compact, then the rule is
678	invalid and has no further force and effect in any compacting
679	state.
680	ARTICLE XIII
681	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.--
682	A.  The executive, legislative, and judicial branches of
683	state government in each member state shall enforce this compact
684	and shall take all actions necessary and appropriate to
685	effectuate the compact's purposes and intent. The provisions of
686	this compact and the rules adopted under it have the force and
687	effect of statutory law.
688	B.  All courts shall take judicial notice of the compact
689	and its adopted rules in any judicial or administrative
690	proceeding in a member state pertaining to the subject matter of
691	this compact which may affect the powers, responsibilities, or
692	actions of the Interstate Commission.
693	C.  The Interstate Commission is entitled to receive all
694	service of process in any such proceeding, and has standing to
695	intervene in the proceeding for all purposes. Failure to provide
696	service of process to the Interstate Commission renders a
697	judgment or order void as to the Interstate Commission, this
698	compact, or its adopted rules.
699	D.  If the Interstate Commission determines that a member
700	state has defaulted in the performance of its obligations or
701	responsibilities under this compact, or the bylaws or the
702	adopted rules, the Interstate Commission shall:
703	1.  Provide written notice to the defaulting state and
704	other member states of the nature of the default, the means of
705	curing the default, and any action taken by the Interstate
706	Commission. The Interstate Commission must specify the
707	conditions by which the defaulting state must cure its default.
708	2.  Provide remedial training and specific technical
709	assistance regarding the default.
710	3.  If the defaulting state fails to cure the default,
711	terminate the defaulting state from the compact upon an
712	affirmative vote of a majority of the member states and all
713	rights, privileges, and benefits conferred by this compact shall
714	be terminated from the effective date of termination. A cure of
715	the default does not relieve the offending state of obligations
716	or liabilities incurred during the period of the default.
717	E.  Suspension or termination of membership in the compact
718	may not be imposed on a member until all other means of securing
719	compliance have been exhausted. Notice of the intent to suspend
720	or terminate membership must be given by the Interstate
721	Commission to the Governor, the majority and minority leaders of
722	the defaulting state's legislature, and each of the member
723	states.
724	F.  A state that has been suspended or terminated is
725	responsible for all assessments, obligations, and liabilities
726	incurred through the effective date of suspension or termination
727	including obligations, the performance of which extends beyond
728	the effective date of suspension or termination.
729	G.  The remaining member states of the Interstate
730	Commission do not bear any costs arising from a state that has
731	been found to be in default or that has been suspended or
732	terminated from the compact, unless otherwise mutually agreed
733	upon in writing between the Interstate Commission and the
734	defaulting state.
735	H.  A defaulting state may appeal the action of the
736	Interstate Commission by petitioning the United States District
737	Court for the District of Columbia or the federal district where
738	the Interstate Commission has its principal offices. The
739	prevailing party shall be awarded all costs of such litigation
740	including reasonable attorney's fees.
741	I.  The Interstate Commission shall attempt, upon the
742	request of a member state, to resolve disputes that are subject
743	to the compact and that may arise among member states and
744	between member and nonmember states. The Interstate Commission
745	shall promulgate a rule providing for both mediation and binding
746	dispute resolution for disputes as appropriate.
747	1.  The Interstate Commission, in the reasonable exercise
748	of its discretion, shall enforce the provisions and rules of
749	this compact.
750	2.  The Interstate Commission may, by majority vote of the
751	members, initiate legal action in the United States District
752	Court for the District of Columbia or, at the discretion of the
753	Interstate Commission, in the federal district where the
754	Interstate Commission has its principal offices to enforce
755	compliance with the provisions of the compact, or its
756	promulgated rules and bylaws, against a member state in default.
757	The relief sought may include both injunctive relief and
758	damages. In the event judicial enforcement is necessary, the
759	prevailing party shall be awarded all costs of such litigation,
760	including reasonable attorney's fees.
761	3.  The remedies herein are not the exclusive remedies of
762	the Interstate Commission. The Interstate Commission may avail
763	itself of any other remedies available under state law or the
764	regulation of a profession.
765	ARTICLE XIV
766	FINANCING OF THE INTERSTATE COMMISSION.--
767	A.  The Interstate Commission shall pay, or provide for the
768	payment of, the reasonable expenses of its establishment,
769	organization, and ongoing activities.
770	B.  The Interstate Commission may levy on and collect an
771	annual assessment from each member state to cover the cost of
772	the operations and activities of the Interstate Commission and
773	its staff which must be in a total amount sufficient to cover
774	the Interstate Commission's annual budget as approved each year.
775	The aggregate annual assessment amount shall be allocated based
776	upon a formula to be determined by the Interstate Commission,
777	which shall adopt a rule binding upon all member states.
778	C.  The Interstate Commission may not incur any obligation
779	of any kind before securing the funds adequate to meet the
780	obligation and the Interstate Commission may not pledge the
781	credit of any of the member states, except by and with the
782	permission of the member state.
783	D.  The Interstate Commission shall keep accurate accounts
784	of all receipts and disbursements. The receipts and
785	disbursements of the Interstate Commission are subject to audit
786	and accounting procedures established under its bylaws. However,
787	all receipts and disbursements of funds handled by the
788	Interstate Commission shall by audited yearly by a certified or
789	licensed public accountant and the report of the audit shall be
790	included in and become part of the annual report of the
791	Interstate Commission.
792	ARTICLE XV
793	MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.--
794	A.  Any state is eligible to become a member state.
795	B.  The compact shall take effect and be binding upon
796	legislative enactment of the compact into law by not less than
797	10 of the states. The effective date shall be no earlier than
798	December 1, 2007. Thereafter, it shall become effective and
799	binding as to any other member state upon enactment of the
800	compact into law by that state. The governors of nonmember
801	states or their designees shall be invited to participate in the
802	activities of the Interstate Commission on a nonvoting basis
803	before adoption of the compact by all states.
804	C.  The Interstate Commission may propose amendments to the
805	compact for enactment by the member states. An amendment does
806	not become effective and binding upon the Interstate Commission
807	and the member states until the amendment is enacted into law by
808	unanimous consent of the member states.
809	ARTICLE XVI
810	WITHDRAWAL AND DISSOLUTION.--
811	A.  Once in effect, the compact continues in force and
812	remains binding upon each and every member state, provided that
813	a member state may withdraw from the compact, specifically
814	repealing the statute that enacted the compact into law.
815	1.  Withdrawal from the compact occurs when a statute
816	repealing its membership is enacted by the state, but does not
817	take effect until 1 year after the effective date of the statute
818	and until written notice of the withdrawal has been given by the
819	withdrawing state to the Governor of each other member state.
820	2.  The withdrawing state must immediately notify the
821	chairperson of the Interstate Commission in writing upon the
822	introduction of legislation repealing this compact in the
823	withdrawing state. The Interstate Commission shall notify the
824	other member states of the withdrawing state's intent to
825	withdraw within 60 days after its receipt thereof.
826	3.  A withdrawing state is responsible for all assessments,
827	obligations, and liabilities incurred through the effective date
828	of withdrawal, including obligations, the performance of which
829	extend beyond the effective date of withdrawal.
830	4.  Reinstatement following withdrawal of a member state
831	shall occur upon the withdrawing state reenacting the compact or
832	upon such later date as determined by the Interstate Commission.
833	B.  This compact shall dissolve effective upon the date of
834	the withdrawal or default of the member state which reduces the
835	membership in the compact to one member state.
836	C.  Upon the dissolution of this compact, the compact
837	becomes void and has no further force or effect, and the
838	business and affairs of the Interstate Commission shall be
839	concluded and surplus funds shall be distributed in accordance
840	with the bylaws.
841	ARTICLE XVII
842	SEVERABILITY AND CONSTRUCTION.--
843	A.  The provisions of this compact shall be severable, and
844	if any phrase, clause, sentence, or provision is deemed
845	unenforceable, the remaining provisions of the compact shall be
846	enforceable.
847	B.  The provisions of this compact shall be liberally
848	construed to effectuate its purposes.
849	C.  This compact does not prohibit the applicability of
850	other interstate compacts to which the states are members.
851	ARTICLE XVIII
852	BINDING EFFECT OF COMPACT AND OTHER LAWS.--
853	A.  This compact does not prevent the enforcement of any
854	other law of a member state that is not inconsistent with this
855	compact.
856	B.  All member states' laws conflicting with this compact
857	are superseded to the extent of the conflict.
858	C.  All lawful actions of the Interstate Commission,
859	including all rules and bylaws promulgated by the Interstate
860	Commission, are binding upon the member states.
861	D.  All agreements between the Interstate Commission and
862	the member states are binding in accordance with their terms.
863	E.  If any part of this compact exceeds the constitutional
864	limits imposed on the Legislature of any member state, the
865	provision shall be ineffective to the extent of the conflict
866	with the constitutional provision in question in that member
867	state.
868	Section 2.  Section 1000.37, Florida Statutes, is created
869	to read:
870	1000.37  Copies to other states approving.--After the
871	effective date of this act, the Secretary of State shall furnish
872	to each of the states approving the Interstate Compact on
873	Educational Opportunity for Military Children an enrolled copy
874	of this act.
875	Section 3.  This act shall take effect July 1, 2008.

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