CS/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; creating s. 1000.38, F.S.; authorizing the
35	designation of a Compact Commissioner and a Military
36	Family Education Liaison by the Governor; creating s.
37	1000.39, F.S.; creating the State Council on
38	Interstate Educational Opportunity for Military
39	Children; providing purpose and membership;
40	prohibiting compensation; authorizing reimbursement
41	for per diem and travel expenses; providing for public
42	records and open meetings; requiring the Department of
43	Education to provide administrative support;
44	prescribing procedures if the council is abolished;
45	providing for future legislative review and repeal of
46	the act; providing an effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Section 1000.36, Florida Statutes, is created
51	to read:
52	1000.36  Interstate Compact on Educational
53	Opportunity for Military Children.--The Governor is authorized
54	and directed to execute the Interstate Compact on Educational
55	Opportunity for Military Children on behalf of this state with
56	any other state or states legally joining therein in the form
57	substantially as follows:
58	Interstate Compact on Educational
59	Opportunity for Military Children
60	ARTICLE I
61	PURPOSE.--It is the purpose of this compact to remove
62	barriers to educational success imposed on children of military
63	families because of frequent moves and deployment of their
64	parents by:
65	A.  Facilitating the timely enrollment of children of
66	military families and ensuring that they are not placed at a
67	disadvantage due to difficulty in the transfer of education
68	records from the previous school district or variations in
69	entrance or age requirements.
70	B.  Facilitating the student placement process through
71	which children of military families are not disadvantaged by
72	variations in attendance requirements, scheduling, sequencing,
73	grading, course content, or assessment.
74	C.  Facilitating the qualification and eligibility for
75	enrollment, educational programs, and participation in
76	extracurricular academic, athletic, and social activities.
77	D.  Facilitating the on-time graduation of children of
78	military families.
79	E.  Providing for the adoption and enforcement of
80	administrative rules implementing this compact.
81	F.  Providing for the uniform collection and sharing of
82	information between and among member states, schools, and
83	military families under this compact.
84	G.  Promoting coordination between this compact and other
85	compacts affecting military children.
86	H.  Promoting flexibility and cooperation between the
87	educational system, parents, and the student in order to achieve
88	educational success for the student.
89	ARTICLE II
90	DEFINITIONS.--As used in this compact, unless the context
91	clearly requires a different construction, the term:
92	A.  "Active duty" means the full-time duty status in the
93	active uniformed service of the United States, including members
94	of the National Guard and Reserve on active duty orders pursuant
95	to 10 U.S.C. ss. 1209 and 1211.
96	B.  "Children of military families" means school-aged
97	children, enrolled in kindergarten through 12th grade, in the
98	household of an active-duty member.
99	C.  "Compact commissioner" means the voting representative
100	of each compacting state appointed under Article VIII of this
101	compact.
102	D.  "Deployment" means the period 1 month before the
103	service members' departure from their home station on military
104	orders though 6 months after return to their home station.
105	E.  "Educational records" or "education records" means
106	those official records, files, and data directly related to a
107	student and maintained by the school or local education agency,
108	including, but not limited to, records encompassing all the
109	material kept in the student's cumulative folder such as general
110	identifying data, records of attendance and of academic work
111	completed, records of achievement and results of evaluative
112	tests, health data, disciplinary status, test protocols, and
113	individualized education programs.
114	F.  "Extracurricular activities" means a voluntary activity
115	sponsored by the school or local education agency or an
116	organization sanctioned by the local education agency.
117	Extracurricular activities include, but are not limited to,
118	preparation for and involvement in public performances,
119	contests, athletic competitions, demonstrations, displays, and
120	club activities.
121	G.  "Interstate Commission on Educational Opportunity for
122	Military Children" means the commission that is created under
123	Article IX of this compact, which is generally referred to as
124	the Interstate Commission.
125	H.  "Local education agency" means a public authority
126	legally constituted by the state as an administrative agency to
127	provide control of, and direction for, kindergarten through 12th
128	grade public educational institutions.
129	I.  "Member state" means a state that has enacted this
130	compact.
131	J.  "Military installation" means a base, camp, post,
132	station, yard, center, homeport facility for any ship, or other
133	activity under the jurisdiction of the Department of Defense,
134	including any leased facility, which is located within any of
135	the several states, the District of Columbia, the Commonwealth
136	of Puerto Rico, the United States Virgin Islands, Guam, American
137	Samoa, the Northern Marianas Islands, and any other United
138	States Territory. The term does not include any facility used
139	primarily for civil works, rivers and harbors projects, or flood
140	control projects.
141	K.  "Nonmember state" means a state that has not enacted
142	this compact.
143	L.  "Receiving state" means the state to which a child of a
144	military family is sent, brought, or caused to be sent or
145	brought.
146	M.  "Rule" means a written statement by the Interstate
147	Commission adopted under Article XII of this compact which is of
148	general applicability, implements, interprets, or prescribes a
149	policy or provision of the compact, or an organizational,
150	procedural, or practice requirement of the Interstate
151	Commission, and has the force and effect of statutory law in a
152	member state, and includes the amendment, repeal, or suspension
153	of an existing rule.
154	N.  "Sending state" means the state from which a child of a
155	military family is sent, brought, or caused to be sent or
156	brought.
157	O.  "State" means a state of the United States, the
158	District of Columbia, the Commonwealth of Puerto Rico, the
159	United States Virgin Islands, Guam, American Samoa, the Northern
160	Marianas Islands, and any other United States Territory.
161	P.  "Student" means the child of a military family for whom
162	the local education agency receives public funding and who is
163	formally enrolled in kindergarten through 12th grade.
164	Q.  "Transition" means:
165	1.  The formal and physical process of transferring from
166	school to school; or
167	2.  The period of time in which a student moves from one
168	school in the sending state to another school in the receiving
169	state.
170	R.  "Uniformed services" means the Army, Navy, Air Force,
171	Marine Corps, Coast Guard as well as the Commissioned Corps of
172	the National Oceanic and Atmospheric Administration, and Public
173	Health Services.
174	S.  "Veteran" means a person who served in the uniformed
175	services and who was discharged or released therefrom under
176	conditions other than dishonorable.
177	ARTICLE III
178	APPLICABILITY.--
179	A.  Except as otherwise provided in Section C, this compact
180	applies to the children of:
181	1.  Active duty members of the uniformed services,
182	including members of the National Guard and Reserve on active-
183	duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
184	2.  Members or veterans of the uniformed services who are
185	severely injured and medically discharged or retired for a
186	period of 1 year after medical discharge or retirement; and
187	3.  Members of the uniformed services who die on active
188	duty or as a result of injuries sustained on active duty for a
189	period of 1 year after death.
190	B.  This interstate compact applies to local education
191	agencies.
192	C.  This compact does not apply to the children of:
193	1.  Inactive members of the national guard and military
194	reserves;
195	2.  Members of the uniformed services now retired, except
196	as provided in Section A;
197	3.  Veterans of the uniformed services, except as provided
198	in Section A; and
199	4.  Other United States Department of Defense personnel and
200	other federal agency civilian and contract employees not defined
201	as active-duty members of the uniformed services.
202	ARTICLE IV
203	EDUCATIONAL RECORDS AND ENROLLMENT.--
204	A.  If a child's official education records cannot be
205	released to the parents for the purpose of transfer, the
206	custodian of the records in the sending state shall prepare and
207	furnish to the parent a complete set of unofficial educational
208	records containing uniform information as determined by the
209	Interstate Commission. Upon receipt of the unofficial education
210	records by a school in the receiving state, that school shall
211	enroll and appropriately place the student based on the
212	information provided in the unofficial records pending
213	validation by the official records, as quickly as possible.
214	B.  Simultaneous with the enrollment and conditional
215	placement of the student, the school in the receiving state
216	shall request the student's official education record from the
217	school in the sending state. Upon receipt of the record, the
218	school in the sending state shall process and furnish the
219	official education records to the school in the receiving state
220	within 10 days or within such time as is reasonably determined
221	under the rules adopted by the Interstate Commission.
222	C.  Compact states must give 30 days from the date of
223	enrollment or within such time as is reasonably determined under
224	the rules adopted by the Interstate Commission for students to
225	obtain any immunization required by the receiving state. For a
226	series of immunizations, initial vaccinations must be obtained
227	within 30 days or within such time as is reasonably determined
228	under the rules promulgated by the Interstate Commission.
229	D.  Students shall be allowed to continue their enrollment
230	at grade level in the receiving state commensurate with their
231	grade level, including kindergarten, from a local education
232	agency in the sending state at the time of transition,
233	regardless of age. A student who has satisfactorily completed
234	the prerequisite grade level in the local education agency in
235	the sending state is eligible for enrollment in the next highest
236	grade level in the receiving state, regardless of age. A student
237	transferring after the start of the school year in the receiving
238	state shall enter the school in the receiving state on their
239	validated level from an accredited school in the sending state.
240	ARTICLE V
241	PLACEMENT AND ATTENDANCE.--
242	A.  If a student transfers before or during the school
243	year, the receiving state school shall initially honor placement
244	of the student in educational courses based on the student's
245	enrollment in the sending state school or educational
246	assessments conducted at the school in the sending state if the
247	courses are offered. Course placement includes, but is not
248	limited to, Honors, International Baccalaureate, Advanced
249	Placement, vocational, technical, and career pathways courses.
250	Continuing the student's academic program from the previous
251	school and promoting placement in academically and career
252	challenging courses should be paramount when considering
253	placement. A school in the receiving state is not precluded from
254	performing subsequent evaluations to ensure appropriate
255	placement and continued enrollment of the student in the
256	courses.
257	B.  The receiving state school must initially honor
258	placement of the student in educational programs based on
259	current educational assessments conducted at the school in the
260	sending state or participation or placement in like programs in
261	the sending state. Such programs include, but are not limited
262	to:
263	1.  Gifted and talented programs; and
264	2.  English as a second language (ESL).
265
266	A school in the receiving state is not precluded from performing
267	subsequent evaluations to ensure appropriate placement and
268	continued enrollment of the student in the courses.
269	C.  A receiving state must initially provide comparable
270	services to a student with disabilities based on his or her
271	current individualized education program (IEP) in compliance
272	with the requirements of the Individuals with Disabilities
273	Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
274	state must make reasonable accommodations and modifications to
275	address the needs of incoming students with disabilities,
276	subject to an existing section 504 or title II plan, to provide
277	the student with equal access to education, in compliance with
278	the provisions of Section 504 of the Rehabilitation Act, 29
279	U.S.C.A. s. 794, and with title II of the Americans with
280	Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
281	receiving state is not precluded from performing subsequent
282	evaluations to ensure appropriate placement and continued
283	enrollment of the student in the courses.
284	D.  Local education agency administrative officials may
285	waive course or program prerequisites, or other preconditions
286	for placement in courses or programs offered under the
287	jurisdiction of the local education agency.
288	E.  A student whose parent or legal guardian is an active-
289	duty member of the uniformed services and has been called to
290	duty for, is on leave from, or immediately returned from
291	deployment to, a combat zone or combat support posting shall be
292	granted additional excused absences at the discretion of the
293	local education agency superintendent to visit with his or her
294	parent or legal guardian relative to such leave or deployment of
295	the parent or guardian.
296	ARTICLE VI
297	ELIGIBILITY.--
298	A.  When considering the eligibility of a child for
299	enrolling in a school:
300	1.  A special power of attorney relative to the
301	guardianship of a child of a military family and executed under
302	applicable law is sufficient for the purposes of enrolling the
303	child in school and for all other actions requiring parental
304	participation and consent.
305	2.  A local education agency is prohibited from charging
306	local tuition to a transitioning military child placed in the
307	care of a noncustodial parent or other person standing in loco
308	parentis who lives in a school's jurisdiction different from
309	that of the custodial parent.
310	3.  A transitioning military child, placed in the care of a
311	noncustodial parent or other person standing in loco parentis
312	who lives in a school's jurisdiction different from that of the
313	custodial parent, may continue to attend the school in which he
314	or she was enrolled while residing with the custodial parent.
315	B.  State and local education agencies must facilitate the
316	opportunity for transitioning military children's inclusion in
317	extracurricular activities, regardless of application deadlines,
318	to the extent they are otherwise qualified.
319	ARTICLE VII
320	GRADUATION.--In order to facilitate the on-time graduation
321	of children of military families, states and local education
322	agencies shall incorporate the following procedures:
323	A.  Local education agency administrative officials shall
324	waive specific courses required for graduation if similar course
325	work has been satisfactorily completed in another local
326	education agency or shall provide reasonable justification for
327	denial. If a waiver is not granted to a student who would
328	qualify to graduate from the sending school, the local education
329	agency must provide an alternative means of acquiring required
330	coursework so that graduation may occur on time.
331	B.  States shall accept exit or end-of-course exams
332	required for graduation from the sending state; national norm-
333	referenced achievement tests; or alternative testing, in lieu of
334	testing requirements for graduation in the receiving state. If
335	these alternatives cannot be accommodated by the receiving state
336	for a student transferring in his or her senior year, then the
337	provisions of Article VII, Section C shall apply.
338	C.  If a military student transfers at the beginning or
339	during his or her senior year and is not eligible to graduate
340	from the receiving local education agency after all alternatives
341	have been considered, the sending and receiving local education
342	agencies must ensure the receipt of a diploma from the sending
343	local education agency, if the student meets the graduation
344	requirements of the sending local education agency. If one of
345	the states in question is not a member of this compact, the
346	member state shall use its best efforts to facilitate the on-
347	time graduation of the student in accordance with Sections A and
348	B of this Article.
349	ARTICLE VIII
350	STATE COORDINATION.--Each member state shall, through the
351	creation of a state council or use of an existing body or board,
352	provide for the coordination among its agencies of government,
353	local education agencies, and military installations concerning
354	the state's participation in, and compliance with, this compact
355	and Interstate Commission activities.
356	A.  Each member state may determine the membership of its
357	own state council but the membership must include at least: the
358	state superintendent of education, the superintendent of a
359	school district that has a high concentration of military
360	children, a representative from a military installation, one
361	representative each from the legislative and executive branches
362	of government, and other offices and stakeholder groups the
363	state council deems appropriate. A member state that does not
364	have a school district deemed to contain a high concentration of
365	military children may appoint a superintendent from another
366	school district to represent local education agencies on the
367	state council.
368	B.  The state council of each member state shall appoint or
369	designate a military family education liaison to assist military
370	families and the state in facilitating the implementation of
371	this compact.
372	C.  The compact commissioner responsible for the
373	administration and management of the state's participation in
374	the compact shall be appointed by the Governor or as otherwise
375	determined by each member state.
376	D.  The compact commissioner and the military family
377	education liaison shall be ex officio members of the state
378	council, unless either is already a full voting member of the
379	state council.
380	ARTICLE IX
381	INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
382	MILITARY CHILDREN.--The member states hereby create the
383	"Interstate Commission on Educational Opportunity for Military
384	Children." The activities of the Interstate Commission are the
385	formation of public policy and are a discretionary state
386	function. The Interstate Commission shall:
387	A.  Be a body corporate and joint agency of the member
388	states and shall have all the responsibilities, powers, and
389	duties set forth herein, and such additional powers as may be
390	conferred upon it by a subsequent concurrent action of the
391	respective legislatures of the member states in accordance with
392	the terms of this compact.
393	B.  Consist of one Interstate Commission voting
394	representative from each member state who shall be that state's
395	compact commissioner.
396	1.  Each member state represented at a meeting of the
397	Interstate Commission is entitled to one vote.
398	2.  A majority of the total member states shall constitute
399	a quorum for the transaction of business, unless a larger quorum
400	is required by the bylaws of the Interstate Commission.
401	3.  A representative shall not delegate a vote to another
402	member state. In the event the compact commissioner is unable to
403	attend a meeting of the Interstate Commission, the Governor or
404	state council may delegate voting authority to another person
405	from their state for a specified meeting.
406	4.  The bylaws may provide for meetings of the Interstate
407	Commission to be conducted by telecommunication or electronic
408	communication.
409	C.  Consist of ex officio, nonvoting representatives who
410	are members of interested organizations. The ex officio members,
411	as defined in the bylaws, may include, but not be limited to,
412	members of the representative organizations of military family
413	advocates, local education agency officials, parent and teacher
414	groups, the United States Department of Defense, the Education
415	Commission of the States, the Interstate Agreement on the
416	Qualification of Educational Personnel, and other interstate
417	compacts affecting the education of children of military
418	members.
419	D.  Meet at least once each calendar year. The chairperson
420	may call additional meetings and, upon the request of a simple
421	majority of the member states, shall call additional meetings.
422	E.  Establish an executive committee, whose members shall
423	include the officers of the Interstate Commission and such other
424	members of the Interstate Commission as determined by the
425	bylaws. Members of the executive committee shall serve a 1-year
426	term. Members of the executive committee are entitled to one
427	vote each. The executive committee shall have the power to act
428	on behalf of the Interstate Commission, with the exception of
429	rulemaking, during periods when the Interstate Commission is not
430	in session. The executive committee shall oversee the day-to-day
431	activities of the administration of the compact including
432	enforcement and compliance with the compact, its bylaws and
433	rules, and other such duties as deemed necessary. The United
434	States Department of Defense shall serve as an ex officio,
435	nonvoting member of the executive committee.
436	F.  Establish bylaws and rules that provide for conditions
437	and procedures under which the Interstate Commission shall make
438	its information and official records available to the public for
439	inspection or copying. The Interstate Commission may exempt from
440	disclosure information or official records to the extent they
441	would adversely affect personal privacy rights or proprietary
442	interests.
443	G.  Give public notice of all meetings and all meetings
444	shall be open to the public, except as set forth in the rules or
445	as otherwise provided in the compact. The Interstate Commission
446	and its committees may close a meeting, or portion thereof,
447	where it determines by two-thirds vote that an open meeting
448	would be likely to:
449	1.  Relate solely to the Interstate Commission's internal
450	personnel practices and procedures;
451	2.  Disclose matters specifically exempted from disclosure
452	by federal and state statute;
453	3.  Disclose trade secrets or commercial or financial
454	information which is privileged or confidential;
455	4.  Involve accusing a person of a crime, or formally
456	censuring a person;
457	5.  Disclose information of a personal nature where
458	disclosure would constitute a clearly unwarranted invasion of
459	personal privacy;
460	6.  Disclose investigative records compiled for law
461	enforcement purposes; or
462	7.  Specifically relate to the Interstate Commission's
463	participation in a civil action or other legal proceeding.
464	H.  For a meeting, or portion of a meeting, closed pursuant
465	to this provision, the Interstate Commission's legal counsel or
466	designee shall certify that the meeting may be closed and shall
467	reference each relevant exemptible provision. The Interstate
468	Commission shall keep minutes which shall fully and clearly
469	describe all matters discussed in a meeting and shall provide a
470	full and accurate summary of actions taken, and the reasons
471	therefore, including a description of the views expressed and
472	the record of a roll call vote. All documents considered in
473	connection with an action shall be identified in such minutes.
474	All minutes and documents of a closed meeting shall remain under
475	seal, subject to release by a majority vote of the Interstate
476	Commission.
477	I.  The Interstate Commission shall collect standardized
478	data concerning the educational transition of the children of
479	military families under this compact as directed through its
480	rules which shall specify the data to be collected, the means of
481	collection and data exchange, and reporting requirements. The
482	methods of data collection, exchange, and reporting shall, in so
483	far as is reasonably possible, conform to current technology and
484	coordinate its information functions with the appropriate
485	custodian of records as identified in the bylaws and rules.
486	J.  The Interstate Commission shall create a procedure that
487	permits military officials, education officials, and parents to
488	inform the Interstate Commission if and when there are alleged
489	violations of the compact or its rules or when issues subject to
490	the jurisdiction of the compact or its rules are not addressed
491	by the state or local education agency. This section does not
492	create a private right of action against the Interstate
493	Commission or any member state.
494	ARTICLE X
495	POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The
496	Interstate Commission has the power to:
497	A.  Provide for dispute resolution among member states.
498	B.  Adopt rules and take all necessary actions to effect
499	the goals, purposes, and obligations as enumerated in this
500	compact. The rules have the force and effect of statutory law
501	and are binding in the compact states to the extent and in the
502	manner provided in this compact.
503	C.  Issue, upon request of a member state, advisory
504	opinions concerning the meaning or interpretation of the
505	interstate compact, its bylaws, rules, and actions.
506	D.  Enforce compliance with the compact provisions, the
507	rules adopted by the Interstate Commission, and the bylaws,
508	using all necessary and proper means, including, but not limited
509	to, the use of judicial process.
510	E.  Establish and maintain offices that shall be located
511	within one or more of the member states.
512	F.  Purchase and maintain insurance and bonds.
513	G.  Borrow, accept, hire, or contract for services of
514	personnel.
515	H.  Establish and appoint committees, including, but not
516	limited to, an executive committee as required by Article IX,
517	Section E, which shall have the power to act on behalf of the
518	Interstate Commission in carrying out its powers and duties
519	hereunder.
520	I.  Elect or appoint such officers, attorneys, employees,
521	agents, or consultants, and to fix their compensation, define
522	their duties, and determine their qualifications; and to
523	establish the Interstate Commission's personnel policies and
524	programs relating to conflicts of interest, rates of
525	compensation, and qualifications of personnel.
526	J.  Accept any and all donations and grants of money,
527	equipment, supplies, materials, and services, and to receive,
528	utilize, and dispose of it.
529	K.  Lease, purchase, accept contributions or donations of,
530	or otherwise to own, hold, improve, or use any property, real,
531	personal, or mixed.
532	L.  Sell, convey, mortgage, pledge, lease, exchange,
533	abandon, or otherwise dispose of any property, real, personal,
534	or mixed.
535	M.  Establish a budget and make expenditures.
536	N.  Adopt a seal and bylaws governing the management and
537	operation of the Interstate Commission.
538	O.  Report annually to the legislatures, governors,
539	judiciary, and state councils of the member states concerning
540	the activities of the Interstate Commission during the preceding
541	year. Such reports shall also include any recommendations that
542	may have been adopted by the Interstate Commission.
543	P.  Coordinate education, training, and public awareness
544	regarding the compact, its implementation, and operation for
545	officials and parents involved in such activity.
546	Q.  Establish uniform standards for the reporting,
547	collecting, and exchanging of data.
548	R.  Maintain corporate books and records in accordance with
549	the bylaws.
550	S.  Perform such functions as may be necessary or
551	appropriate to achieve the purposes of this compact.
552	T.  Provide for the uniform collection and sharing of
553	information between and among member states, schools, and
554	military families under this compact.
555	ARTICLE XI
556	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--
557	A.  The Interstate Commission shall, by a majority of the
558	members present and voting, within 12 months after the first
559	Interstate Commission meeting, adopt bylaws to govern its
560	conduct as may be necessary or appropriate to carry out the
561	purposes of the compact, including, but not limited to:
562	1.  Establishing the fiscal year of the Interstate
563	Commission;
564	2.  Establishing an executive committee and such other
565	committees as may be necessary;
566	3.  Providing for the establishment of committees and for
567	governing any general or specific delegation of authority or
568	function of the Interstate Commission;
569	4.  Providing reasonable procedures for calling and
570	conducting meetings of the Interstate Commission and ensuring
571	reasonable notice of each such meeting;
572	5.  Establishing the titles and responsibilities of the
573	officers and staff of the Interstate Commission;
574	6.  Providing a mechanism for concluding the operations of
575	the Interstate Commission and the return of surplus funds that
576	may exist upon the termination of the compact after the payment
577	and reserving of all of its debts and obligations.
578	7.  Providing "start up" rules for initial administration
579	of the compact.
580	B.  The Interstate Commission shall, by a majority of the
581	members, elect annually from among its members a chairperson, a
582	vice chairperson, and a treasurer, each of whom shall have such
583	authority and duties as may be specified in the bylaws. The
584	chairperson or, in the chairperson's absence or disability, the
585	vice chairperson shall preside at all meetings of the Interstate
586	Commission. The officers so elected shall serve without
587	compensation or remuneration from the Interstate Commission;
588	provided that, subject to the availability of budgeted funds,
589	the officers shall be reimbursed for ordinary and necessary
590	costs and expenses incurred by them in the performance of their
591	responsibilities as officers of the Interstate Commission.
592	C.  The executive committee has the authority and duties as
593	may be set forth in the bylaws, including, but not limited to:
594	1.  Managing the affairs of the Interstate Commission in a
595	manner consistent with the bylaws and purposes of the Interstate
596	Commission;
597	2.  Overseeing an organizational structure within, and
598	appropriate procedures for, the Interstate Commission to provide
599	for the adoption of rules, operating procedures, and
600	administrative and technical support functions; and
601	3.  Planning, implementing, and coordinating communications
602	and activities with other state, federal, and local government
603	organizations in order to advance the goals of the Interstate
604	Commission.
605	D.  The executive committee may, subject to the approval of
606	the Interstate Commission, appoint or retain an executive
607	director for such period, upon such terms and conditions and for
608	such compensation, as the Interstate Commission may deem
609	appropriate. The executive director shall serve as secretary to
610	the Interstate Commission, but is not a member of the Interstate
611	Commission. The executive director shall hire and supervise such
612	other persons as may be authorized by the Interstate Commission.
613	E.  The Interstate Commission's executive director and its
614	employees are immune from suit and liability, either personally
615	or in their official capacity, for a claim for damage to or loss
616	of property or personal injury or other civil liability caused
617	or arising out of, or relating to, an actual or alleged act,
618	error, or omission that occurred, or that such person had a
619	reasonable basis for believing occurred, within the scope of
620	Interstate Commission employment, duties, or responsibilities,
621	provided that the person is not protected from suit or liability
622	for damage, loss, injury, or liability caused by the intentional
623	or willful and wanton misconduct of the person.
624	1.  The liability of the Interstate Commission's executive
625	director and employees or Interstate Commission representatives,
626	acting within the scope of the person's employment or duties,
627	for acts, errors, or omissions occurring within the person's
628	state may not exceed the limits of liability set forth under the
629	constitution and laws of that state for state officials,
630	employees, and agents. The Interstate Commission is considered
631	to be an instrumentality of the states for the purposes of any
632	such action. This subsection does not protect the person from
633	suit or liability for damage, loss, injury, or liability caused
634	by the intentional or willful and wanton misconduct of the
635	person.
636	2.  The Interstate Commission shall defend the executive
637	director and its employees and, subject to the approval of the
638	Attorney General or other appropriate legal counsel of the
639	member state represented by an Interstate Commission
640	representative, shall defend an Interstate Commission
641	representative in any civil action seeking to impose liability
642	arising out of an actual or alleged act, error, or omission that
643	occurred within the scope of Interstate Commission employment,
644	duties, or responsibilities, or that the defendant had a
645	reasonable basis for believing occurred within the scope of
646	Interstate Commission employment, duties, or responsibilities,
647	provided that the actual or alleged act, error, or omission did
648	not result from intentional or willful and wanton misconduct on
649	the part of the person.
650	3.  To the extent not covered by the state involved, a
651	member state, the Interstate Commission, and the representatives
652	or employees of the Interstate Commission shall be held harmless
653	in the amount of a settlement or judgment, including attorney's
654	fees and costs, obtained against a person arising out of an
655	actual or alleged act, error, or omission that occurred within
656	the scope of Interstate Commission employment, duties, or
657	responsibilities, or that the person had a reasonable basis for
658	believing occurred within the scope of Interstate Commission
659	employment, duties, or responsibilities, provided that the
660	actual or alleged act, error, or omission did not result from
661	intentional or willful and wanton misconduct on the part of the
662	person.
663	ARTICLE XII
664	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--The
665	Interstate Commission shall adopt rules to effectively and
666	efficiently implement this act to achieve the purposes of this
667	compact.
668	A.  If the Interstate Commission exercises its rulemaking
669	authority in a manner that is beyond the scope of the purposes
670	of this act, or the powers granted hereunder, the action
671	undertaken by the Interstate Commission is invalid and has no
672	force or effect.
673	B.  Rules must be adopted pursuant to a rulemaking process
674	that substantially conforms to the "Model State Administrative
675	Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
676	1 (2000) as amended, as may be appropriate to the operations of
677	the Interstate Commission.
678	C.  No later than 30 days after a rule is adopted, a person
679	may file a petition for judicial review of the rule. The filing
680	of the petition does not stay, or otherwise prevent the rule
681	from becoming effective, unless a court finds that the
682	petitioner has a substantial likelihood of success on the merits
683	of the petition. The court shall give deference to the actions
684	of the Interstate Commission consistent with applicable law and
685	shall not find the rule to be unlawful if the rule represents a
686	reasonable exercise of the Interstate Commission's authority.
687	D.  If a majority of the legislatures of the compacting
688	states rejects a rule by enactment of a statute or resolution in
689	the same manner used to adopt the compact, then the rule is
690	invalid and has no further force and effect in any compacting
691	state.
692	ARTICLE XIII
693	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.--
694	A.  The executive, legislative, and judicial branches of
695	state government in each member state shall enforce this compact
696	and shall take all actions necessary and appropriate to
697	effectuate the compact's purposes and intent. The provisions of
698	this compact and the rules adopted under it have the force and
699	effect of statutory law.
700	B.  All courts shall take judicial notice of the compact
701	and its adopted rules in any judicial or administrative
702	proceeding in a member state pertaining to the subject matter of
703	this compact which may affect the powers, responsibilities, or
704	actions of the Interstate Commission.
705	C.  The Interstate Commission is entitled to receive all
706	service of process in any such proceeding, and has standing to
707	intervene in the proceeding for all purposes. Failure to provide
708	service of process to the Interstate Commission renders a
709	judgment or order void as to the Interstate Commission, this
710	compact, or its adopted rules.
711	D.  If the Interstate Commission determines that a member
712	state has defaulted in the performance of its obligations or
713	responsibilities under this compact, or the bylaws or the
714	adopted rules, the Interstate Commission shall:
715	1.  Provide written notice to the defaulting state and
716	other member states of the nature of the default, the means of
717	curing the default, and any action taken by the Interstate
718	Commission. The Interstate Commission must specify the
719	conditions by which the defaulting state must cure its default.
720	2.  Provide remedial training and specific technical
721	assistance regarding the default.
722	3.  If the defaulting state fails to cure the default,
723	terminate the defaulting state from the compact upon an
724	affirmative vote of a majority of the member states and all
725	rights, privileges, and benefits conferred by this compact shall
726	be terminated from the effective date of termination. A cure of
727	the default does not relieve the offending state of obligations
728	or liabilities incurred during the period of the default.
729	E.  Suspension or termination of membership in the compact
730	may not be imposed on a member until all other means of securing
731	compliance have been exhausted. Notice of the intent to suspend
732	or terminate membership must be given by the Interstate
733	Commission to the Governor, the majority and minority leaders of
734	the defaulting state's legislature, and each of the member
735	states.
736	F.  A state that has been suspended or terminated is
737	responsible for all assessments, obligations, and liabilities
738	incurred through the effective date of suspension or termination
739	including obligations, the performance of which extends beyond
740	the effective date of suspension or termination.
741	G.  The remaining member states of the Interstate
742	Commission do not bear any costs arising from a state that has
743	been found to be in default or that has been suspended or
744	terminated from the compact, unless otherwise mutually agreed
745	upon in writing between the Interstate Commission and the
746	defaulting state.
747	H.  A defaulting state may appeal the action of the
748	Interstate Commission by petitioning the United States District
749	Court for the District of Columbia or the federal district where
750	the Interstate Commission has its principal offices. The
751	prevailing party shall be awarded all costs of such litigation
752	including reasonable attorney's fees.
753	I.  The Interstate Commission shall attempt, upon the
754	request of a member state, to resolve disputes that are subject
755	to the compact and that may arise among member states and
756	between member and nonmember states. The Interstate Commission
757	shall promulgate a rule providing for both mediation and binding
758	dispute resolution for disputes as appropriate.
759	1.  The Interstate Commission, in the reasonable exercise
760	of its discretion, shall enforce the provisions and rules of
761	this compact.
762	2.  The Interstate Commission may, by majority vote of the
763	members, initiate legal action in the United States District
764	Court for the District of Columbia or, at the discretion of the
765	Interstate Commission, in the federal district where the
766	Interstate Commission has its principal offices to enforce
767	compliance with the provisions of the compact, or its
768	promulgated rules and bylaws, against a member state in default.
769	The relief sought may include both injunctive relief and
770	damages. In the event judicial enforcement is necessary, the
771	prevailing party shall be awarded all costs of such litigation,
772	including reasonable attorney's fees.
773	3.  The remedies herein are not the exclusive remedies of
774	the Interstate Commission. The Interstate Commission may avail
775	itself of any other remedies available under state law or the
776	regulation of a profession.
777	ARTICLE XIV
778	FINANCING OF THE INTERSTATE COMMISSION.--
779	A.  The Interstate Commission shall pay, or provide for the
780	payment of, the reasonable expenses of its establishment,
781	organization, and ongoing activities.
782	B.  The Interstate Commission may levy on and collect an
783	annual assessment from each member state to cover the cost of
784	the operations and activities of the Interstate Commission and
785	its staff which must be in a total amount sufficient to cover
786	the Interstate Commission's annual budget as approved each year.
787	The aggregate annual assessment amount shall be allocated based
788	upon a formula to be determined by the Interstate Commission,
789	which shall adopt a rule binding upon all member states.
790	C.  The Interstate Commission may not incur any obligation
791	of any kind before securing the funds adequate to meet the
792	obligation and the Interstate Commission may not pledge the
793	credit of any of the member states, except by and with the
794	permission of the member state.
795	D.  The Interstate Commission shall keep accurate accounts
796	of all receipts and disbursements. The receipts and
797	disbursements of the Interstate Commission are subject to audit
798	and accounting procedures established under its bylaws. However,
799	all receipts and disbursements of funds handled by the
800	Interstate Commission shall by audited yearly by a certified or
801	licensed public accountant and the report of the audit shall be
802	included in and become part of the annual report of the
803	Interstate Commission.
804	ARTICLE XV
805	MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.--
806	A.  Any state is eligible to become a member state.
807	B.  The compact shall take effect and be binding upon
808	legislative enactment of the compact into law by not less than
809	10 of the states. The effective date shall be no earlier than
810	December 1, 2007. Thereafter, it shall become effective and
811	binding as to any other member state upon enactment of the
812	compact into law by that state. The governors of nonmember
813	states or their designees shall be invited to participate in the
814	activities of the Interstate Commission on a nonvoting basis
815	before adoption of the compact by all states.
816	C.  The Interstate Commission may propose amendments to the
817	compact for enactment by the member states. An amendment does
818	not become effective and binding upon the Interstate Commission
819	and the member states until the amendment is enacted into law by
820	unanimous consent of the member states.
821	ARTICLE XVI
822	WITHDRAWAL AND DISSOLUTION.--
823	A.  Once in effect, the compact continues in force and
824	remains binding upon each and every member state, provided that
825	a member state may withdraw from the compact, specifically
826	repealing the statute that enacted the compact into law.
827	1.  Withdrawal from the compact occurs when a statute
828	repealing its membership is enacted by the state, but does not
829	take effect until 1 year after the effective date of the statute
830	and until written notice of the withdrawal has been given by the
831	withdrawing state to the Governor of each other member state.
832	2.  The withdrawing state must immediately notify the
833	chairperson of the Interstate Commission in writing upon the
834	introduction of legislation repealing this compact in the
835	withdrawing state. The Interstate Commission shall notify the
836	other member states of the withdrawing state's intent to
837	withdraw within 60 days after its receipt thereof.
838	3.  A withdrawing state is responsible for all assessments,
839	obligations, and liabilities incurred through the effective date
840	of withdrawal, including obligations, the performance of which
841	extend beyond the effective date of withdrawal.
842	4.  Reinstatement following withdrawal of a member state
843	shall occur upon the withdrawing state reenacting the compact or
844	upon such later date as determined by the Interstate Commission.
845	B.  This compact shall dissolve effective upon the date of
846	the withdrawal or default of the member state which reduces the
847	membership in the compact to one member state.
848	C.  Upon the dissolution of this compact, the compact
849	becomes void and has no further force or effect, and the
850	business and affairs of the Interstate Commission shall be
851	concluded and surplus funds shall be distributed in accordance
852	with the bylaws.
853	ARTICLE XVII
854	SEVERABILITY AND CONSTRUCTION.--
855	A.  The provisions of this compact shall be severable, and
856	if any phrase, clause, sentence, or provision is deemed
857	unenforceable, the remaining provisions of the compact shall be
858	enforceable.
859	B.  The provisions of this compact shall be liberally
860	construed to effectuate its purposes.
861	C.  This compact does not prohibit the applicability of
862	other interstate compacts to which the states are members.
863	ARTICLE XVIII
864	BINDING EFFECT OF COMPACT AND OTHER LAWS.--
865	A.  This compact does not prevent the enforcement of any
866	other law of a member state that is not inconsistent with this
867	compact.
868	B.  All member states' laws conflicting with this compact
869	are superseded to the extent of the conflict.
870	C.  All lawful actions of the Interstate Commission,
871	including all rules and bylaws promulgated by the Interstate
872	Commission, are binding upon the member states.
873	D.  All agreements between the Interstate Commission and
874	the member states are binding in accordance with their terms.
875	E.  If any part of this compact exceeds the constitutional
876	limits imposed on the Legislature of any member state, the
877	provision shall be ineffective to the extent of the conflict
878	with the constitutional provision in question in that member
879	state.
880	Section 2.  Section 1000.37, Florida Statutes, is created
881	to read:
882	1000.37  Copies to other states approving.--After the
883	effective date of this act, the Secretary of State shall furnish
884	to each of the states approving the Interstate Compact on
885	Educational Opportunity for Military Children an enrolled copy
886	of this act.
887	Section 3.  Section 1000.38, Florida Statutes, is created
888	to read:
889	1000.38  Compact Commissioner and Military Family Education
890	Liaison; Interstate Compact on Educational Opportunity for
891	Military Children.--
892	(1)  In furtherance of Articles VIII and IX of the
893	Interstate Compact on Educational Opportunity for Military
894	Children, the Governor shall designate a:
895	(a)  Compact Commissioner, who shall be responsible for the
896	administration and management of this state's participation in
897	the compact and who shall serve as this state's voting
898	representative on the Interstate Commission on Educational
899	Opportunity for Military Children.
900	(b)  Military Family Education Liaison from the list of
901	recommendations provided under s. 1000.39(2), who shall be
902	responsible for assisting military families and the state in
903	facilitating the implementation of this compact.
904	(2)  The Compact Commissioner and the Military Family
905	Education Liaison shall serve at the pleasure of the Governor.
906	Section 4.  Section 1000.39, Florida Statutes, is created
907	to read:
908	1000.39  State council; Interstate Compact on Educational
909	Opportunity for Military Children.--
910	(1)  Pursuant to Article VIII of the Interstate Compact on
911	Educational Opportunity for Military Children, the State Council
912	on Interstate Educational Opportunity for Military Children is
913	created.
914	(2)(a)  The purpose of the council is to provide advice and
915	recommendations regarding this state's participation in and
916	compliance with the compact and Interstate Commission on
917	Educational Opportunity for Military Children activities.
918	(b)  No later than 3 months after its formation, and
919	whenever requested by the Governor thereafter, the council shall
920	provide the Governor with names of at least three, but no more
921	than five, persons who are recommended by the council to serve
922	as the Military Family Education Liaison.
923	(3)  The council shall consist of the following seven
924	members:
925	(a)  The Commissioner of Education or his or her designee.
926	(b)  The superintendent, or his or her designee, for the
927	school district with the highest percentage per capita of
928	military children during the previous school year.
929	(c)  Two members appointed by the Commissioner of
930	Education, one of whom shall represent a military installation
931	located within this state and one of whom shall represent the
932	executive branch and possess experience in assisting military
933	families in obtaining educational services for their children.
934	The term of each member appointed under this paragraph shall be
935	for 4 years, except that, in order to provide for staggered
936	terms, the Commissioner of Education shall initially appoint one
937	member to a term of 2 years and one member to a term of 3 years.
938	(d)  One member appointed by, and who shall serve at the
939	pleasure of, the President of the Senate and the Speaker of the
940	House of Representatives.
941	(e)  The Compact Commissioner and the Military Family
942	Education Liaison designated by the Governor under s. 1000.38,
943	who shall serve as nonvoting, ex officio members of the council.
944	(4)  Council members shall serve without compensation but
945	are entitled to reimbursement for per diem and travel expenses
946	as provided in s. 112.061.
947	(5)  The provisions of s. 24, Art. I of the State
948	Constitution and of chapter 119 and s. 286.011 apply to
949	proceedings and records of the council. Minutes, including a
950	record of all votes cast, must be maintained for all meetings.
951	(6)  The Department of Education shall provide
952	administrative support to the council.
953	(7)  If the council is abolished, its records must be
954	appropriately stored, within 30 days after the effective date of
955	its abolition, by the department or its successor agency. Any
956	property assigned to the council must be reclaimed by the
957	department or its successor agency. The council may not perform
958	any activities after the effective date of its abolition.
959	Section 5.  Sections 1000.36, 1000.37, 1000.38, and
960	1000.39, Florida Statutes, shall stand repealed 2 years after
961	the effective date of this act unless reviewed and saved from
962	repeal through reenactment by the Legislature.
963	Section 6.  This act shall take effect July 1, 2008, or
964	upon enactment of the compact into law by nine other states,
965	whichever date occurs later.

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