CS/HB 1203

A bill to be entitled
2An act relating to the Interstate Compact on
3Educational Opportunity for Military Children;
4creating s. 1000.36, F.S.; directing the Governor to
5execute the Interstate Compact on Educational
6Opportunity for Military Children on behalf of this
7state with any other state or states legally adopting
8the compact; providing definitions; providing
9applicability; providing for the transfer of education
10records from a sending to a receiving state; requiring
11that children of military personnel be enrolled in
12classes at current grade level; providing for
13eligibility for graduation; providing for a state
14council to coordinate agencies and schools; providing
15for membership on the council; creating the Interstate
16Commission on Educational Opportunity for Military
17Children; providing for membership, organization,
18meetings, operations, powers, and duties; creating an
19executive committee; requiring the commission to adopt
20rules; providing for a legal challenge to the adopted
21rules; providing for oversight, enforcement, and
22dispute resolution; providing procedures to suspend or
23terminate member states; authorizing the commission to
24levy and collect an annual assessment from each member
25state; providing the method for the compact to become
26effective and binding on the member states; providing
27procedures for the withdrawal of a member state;
28providing severability; providing for the effect of
29the compact on member states' laws; creating s.
301000.37, F.S.; requiring the Secretary of State to
31furnish a copy of the enrolled act enacting the
32Interstate Compact on Educational Opportunity for
33Military Children to each of the states approving the
34compact; creating s. 1000.38, F.S.; authorizing the
35designation of a Compact Commissioner and a Military
36Family Education Liaison by the Governor; creating s.
371000.39, F.S.; creating the State Council on
38Interstate Educational Opportunity for Military
39Children; providing purpose and membership;
40prohibiting compensation; authorizing reimbursement
41for per diem and travel expenses; providing for public
42records and open meetings; requiring the Department of
43Education to provide administrative support;
44prescribing procedures if the council is abolished;
45providing for future legislative review and repeal of
46the act; providing an effective date.
48Be It Enacted by the Legislature of the State of Florida:
50     Section 1.  Section 1000.36, Florida Statutes, is created
51to read:
52     1000.36  Interstate Compact on Educational
53Opportunity for Military Children.--The Governor is authorized
54and directed to execute the Interstate Compact on Educational
55Opportunity for Military Children on behalf of this state with
56any other state or states legally joining therein in the form
57substantially as follows:
Interstate Compact on Educational
Opportunity for Military Children
61     PURPOSE.--It is the purpose of this compact to remove
62barriers to educational success imposed on children of military
63families because of frequent moves and deployment of their
64parents by:
65     A.  Facilitating the timely enrollment of children of
66military families and ensuring that they are not placed at a
67disadvantage due to difficulty in the transfer of education
68records from the previous school district or variations in
69entrance or age requirements.
70     B.  Facilitating the student placement process through
71which children of military families are not disadvantaged by
72variations in attendance requirements, scheduling, sequencing,
73grading, course content, or assessment.
74     C.  Facilitating the qualification and eligibility for
75enrollment, educational programs, and participation in
76extracurricular academic, athletic, and social activities.
77     D.  Facilitating the on-time graduation of children of
78military families.
79     E.  Providing for the adoption and enforcement of
80administrative rules implementing this compact.
81     F.  Providing for the uniform collection and sharing of
82information between and among member states, schools, and
83military families under this compact.
84     G.  Promoting coordination between this compact and other
85compacts affecting military children.
86     H.  Promoting flexibility and cooperation between the
87educational system, parents, and the student in order to achieve
88educational success for the student.
90     DEFINITIONS.--As used in this compact, unless the context
91clearly requires a different construction, the term:
92     A.  "Active duty" means the full-time duty status in the
93active uniformed service of the United States, including members
94of the National Guard and Reserve on active duty orders pursuant
95to 10 U.S.C. ss. 1209 and 1211.
96     B.  "Children of military families" means school-aged
97children, enrolled in kindergarten through 12th grade, in the
98household of an active-duty member.
99     C.  "Compact commissioner" means the voting representative
100of each compacting state appointed under Article VIII of this
102     D.  "Deployment" means the period 1 month before the
103service members' departure from their home station on military
104orders though 6 months after return to their home station.
105     E.  "Educational records" or "education records" means
106those official records, files, and data directly related to a
107student and maintained by the school or local education agency,
108including, but not limited to, records encompassing all the
109material kept in the student's cumulative folder such as general
110identifying data, records of attendance and of academic work
111completed, records of achievement and results of evaluative
112tests, health data, disciplinary status, test protocols, and
113individualized education programs.
114     F.  "Extracurricular activities" means a voluntary activity
115sponsored by the school or local education agency or an
116organization sanctioned by the local education agency.
117Extracurricular activities include, but are not limited to,
118preparation for and involvement in public performances,
119contests, athletic competitions, demonstrations, displays, and
120club activities.
121     G.  "Interstate Commission on Educational Opportunity for
122Military Children" means the commission that is created under
123Article IX of this compact, which is generally referred to as
124the Interstate Commission.
125     H.  "Local education agency" means a public authority
126legally constituted by the state as an administrative agency to
127provide control of, and direction for, kindergarten through 12th
128grade public educational institutions.
129     I.  "Member state" means a state that has enacted this
131     J.  "Military installation" means a base, camp, post,
132station, yard, center, homeport facility for any ship, or other
133activity under the jurisdiction of the Department of Defense,
134including any leased facility, which is located within any of
135the several states, the District of Columbia, the Commonwealth
136of Puerto Rico, the United States Virgin Islands, Guam, American
137Samoa, the Northern Marianas Islands, and any other United
138States Territory. The term does not include any facility used
139primarily for civil works, rivers and harbors projects, or flood
140control projects.
141     K.  "Nonmember state" means a state that has not enacted
142this compact.
143     L.  "Receiving state" means the state to which a child of a
144military family is sent, brought, or caused to be sent or
146     M.  "Rule" means a written statement by the Interstate
147Commission adopted under Article XII of this compact which is of
148general applicability, implements, interprets, or prescribes a
149policy or provision of the compact, or an organizational,
150procedural, or practice requirement of the Interstate
151Commission, and has the force and effect of statutory law in a
152member state, and includes the amendment, repeal, or suspension
153of an existing rule.
154     N.  "Sending state" means the state from which a child of a
155military family is sent, brought, or caused to be sent or
157     O.  "State" means a state of the United States, the
158District of Columbia, the Commonwealth of Puerto Rico, the
159United States Virgin Islands, Guam, American Samoa, the Northern
160Marianas Islands, and any other United States Territory.
161     P.  "Student" means the child of a military family for whom
162the local education agency receives public funding and who is
163formally enrolled in kindergarten through 12th grade.
164     Q.  "Transition" means:
165     1.  The formal and physical process of transferring from
166school to school; or
167     2.  The period of time in which a student moves from one
168school in the sending state to another school in the receiving
170     R.  "Uniformed services" means the Army, Navy, Air Force,
171Marine Corps, Coast Guard as well as the Commissioned Corps of
172the National Oceanic and Atmospheric Administration, and Public
173Health Services.
174     S.  "Veteran" means a person who served in the uniformed
175services and who was discharged or released therefrom under
176conditions other than dishonorable.
179     A.  Except as otherwise provided in Section C, this compact
180applies to the children of:
181     1.  Active duty members of the uniformed services,
182including members of the National Guard and Reserve on active-
183duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
184     2.  Members or veterans of the uniformed services who are
185severely injured and medically discharged or retired for a
186period of 1 year after medical discharge or retirement; and
187     3.  Members of the uniformed services who die on active
188duty or as a result of injuries sustained on active duty for a
189period of 1 year after death.
190     B.  This interstate compact applies to local education
192     C.  This compact does not apply to the children of:
193     1.  Inactive members of the national guard and military
195     2.  Members of the uniformed services now retired, except
196as provided in Section A;
197     3.  Veterans of the uniformed services, except as provided
198in Section A; and
199     4.  Other United States Department of Defense personnel and
200other federal agency civilian and contract employees not defined
201as active-duty members of the uniformed services.
204     A.  If a child's official education records cannot be
205released to the parents for the purpose of transfer, the
206custodian of the records in the sending state shall prepare and
207furnish to the parent a complete set of unofficial educational
208records containing uniform information as determined by the
209Interstate Commission. Upon receipt of the unofficial education
210records by a school in the receiving state, that school shall
211enroll and appropriately place the student based on the
212information provided in the unofficial records pending
213validation by the official records, as quickly as possible.
214     B.  Simultaneous with the enrollment and conditional
215placement of the student, the school in the receiving state
216shall request the student's official education record from the
217school in the sending state. Upon receipt of the record, the
218school in the sending state shall process and furnish the
219official education records to the school in the receiving state
220within 10 days or within such time as is reasonably determined
221under the rules adopted by the Interstate Commission.
222     C.  Compact states must give 30 days from the date of
223enrollment or within such time as is reasonably determined under
224the rules adopted by the Interstate Commission for students to
225obtain any immunization required by the receiving state. For a
226series of immunizations, initial vaccinations must be obtained
227within 30 days or within such time as is reasonably determined
228under the rules promulgated by the Interstate Commission.
229     D.  Students shall be allowed to continue their enrollment
230at grade level in the receiving state commensurate with their
231grade level, including kindergarten, from a local education
232agency in the sending state at the time of transition,
233regardless of age. A student who has satisfactorily completed
234the prerequisite grade level in the local education agency in
235the sending state is eligible for enrollment in the next highest
236grade level in the receiving state, regardless of age. A student
237transferring after the start of the school year in the receiving
238state shall enter the school in the receiving state on their
239validated level from an accredited school in the sending state.
242     A.  If a student transfers before or during the school
243year, the receiving state school shall initially honor placement
244of the student in educational courses based on the student's
245enrollment in the sending state school or educational
246assessments conducted at the school in the sending state if the
247courses are offered. Course placement includes, but is not
248limited to, Honors, International Baccalaureate, Advanced
249Placement, vocational, technical, and career pathways courses.
250Continuing the student's academic program from the previous
251school and promoting placement in academically and career
252challenging courses should be paramount when considering
253placement. A school in the receiving state is not precluded from
254performing subsequent evaluations to ensure appropriate
255placement and continued enrollment of the student in the
257     B.  The receiving state school must initially honor
258placement of the student in educational programs based on
259current educational assessments conducted at the school in the
260sending state or participation or placement in like programs in
261the sending state. Such programs include, but are not limited
263     1.  Gifted and talented programs; and
264     2.  English as a second language (ESL).
266A school in the receiving state is not precluded from performing
267subsequent evaluations to ensure appropriate placement and
268continued enrollment of the student in the courses.
269     C.  A receiving state must initially provide comparable
270services to a student with disabilities based on his or her
271current individualized education program (IEP) in compliance
272with the requirements of the Individuals with Disabilities
273Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
274state must make reasonable accommodations and modifications to
275address the needs of incoming students with disabilities,
276subject to an existing section 504 or title II plan, to provide
277the student with equal access to education, in compliance with
278the provisions of Section 504 of the Rehabilitation Act, 29
279U.S.C.A. s. 794, and with title II of the Americans with
280Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
281receiving state is not precluded from performing subsequent
282evaluations to ensure appropriate placement and continued
283enrollment of the student in the courses.
284     D.  Local education agency administrative officials may
285waive course or program prerequisites, or other preconditions
286for placement in courses or programs offered under the
287jurisdiction of the local education agency.
288     E.  A student whose parent or legal guardian is an active-
289duty member of the uniformed services and has been called to
290duty for, is on leave from, or immediately returned from
291deployment to, a combat zone or combat support posting shall be
292granted additional excused absences at the discretion of the
293local education agency superintendent to visit with his or her
294parent or legal guardian relative to such leave or deployment of
295the parent or guardian.
297     ELIGIBILITY.--
298     A.  When considering the eligibility of a child for
299enrolling in a school:
300     1.  A special power of attorney relative to the
301guardianship of a child of a military family and executed under
302applicable law is sufficient for the purposes of enrolling the
303child in school and for all other actions requiring parental
304participation and consent.
305     2.  A local education agency is prohibited from charging
306local tuition to a transitioning military child placed in the
307care of a noncustodial parent or other person standing in loco
308parentis who lives in a school's jurisdiction different from
309that of the custodial parent.
310     3.  A transitioning military child, placed in the care of a
311noncustodial parent or other person standing in loco parentis
312who lives in a school's jurisdiction different from that of the
313custodial parent, may continue to attend the school in which he
314or she was enrolled while residing with the custodial parent.
315     B.  State and local education agencies must facilitate the
316opportunity for transitioning military children's inclusion in
317extracurricular activities, regardless of application deadlines,
318to the extent they are otherwise qualified.
320     GRADUATION.--In order to facilitate the on-time graduation
321of children of military families, states and local education
322agencies shall incorporate the following procedures:
323     A.  Local education agency administrative officials shall
324waive specific courses required for graduation if similar course
325work has been satisfactorily completed in another local
326education agency or shall provide reasonable justification for
327denial. If a waiver is not granted to a student who would
328qualify to graduate from the sending school, the local education
329agency must provide an alternative means of acquiring required
330coursework so that graduation may occur on time.
331     B.  States shall accept exit or end-of-course exams
332required for graduation from the sending state; national norm-
333referenced achievement tests; or alternative testing, in lieu of
334testing requirements for graduation in the receiving state. If
335these alternatives cannot be accommodated by the receiving state
336for a student transferring in his or her senior year, then the
337provisions of Article VII, Section C shall apply.
338     C.  If a military student transfers at the beginning or
339during his or her senior year and is not eligible to graduate
340from the receiving local education agency after all alternatives
341have been considered, the sending and receiving local education
342agencies must ensure the receipt of a diploma from the sending
343local education agency, if the student meets the graduation
344requirements of the sending local education agency. If one of
345the states in question is not a member of this compact, the
346member state shall use its best efforts to facilitate the on-
347time graduation of the student in accordance with Sections A and
348B of this Article.
350     STATE COORDINATION.--Each member state shall, through the
351creation of a state council or use of an existing body or board,
352provide for the coordination among its agencies of government,
353local education agencies, and military installations concerning
354the state's participation in, and compliance with, this compact
355and Interstate Commission activities.
356     A.  Each member state may determine the membership of its
357own state council but the membership must include at least: the
358state superintendent of education, the superintendent of a
359school district that has a high concentration of military
360children, a representative from a military installation, one
361representative each from the legislative and executive branches
362of government, and other offices and stakeholder groups the
363state council deems appropriate. A member state that does not
364have a school district deemed to contain a high concentration of
365military children may appoint a superintendent from another
366school district to represent local education agencies on the
367state council.
368     B.  The state council of each member state shall appoint or
369designate a military family education liaison to assist military
370families and the state in facilitating the implementation of
371this compact.
372     C.  The compact commissioner responsible for the
373administration and management of the state's participation in
374the compact shall be appointed by the Governor or as otherwise
375determined by each member state.
376     D.  The compact commissioner and the military family
377education liaison shall be ex officio members of the state
378council, unless either is already a full voting member of the
379state council.
382MILITARY CHILDREN.--The member states hereby create the
383"Interstate Commission on Educational Opportunity for Military
384Children." The activities of the Interstate Commission are the
385formation of public policy and are a discretionary state
386function. The Interstate Commission shall:
387     A.  Be a body corporate and joint agency of the member
388states and shall have all the responsibilities, powers, and
389duties set forth herein, and such additional powers as may be
390conferred upon it by a subsequent concurrent action of the
391respective legislatures of the member states in accordance with
392the terms of this compact.
393     B.  Consist of one Interstate Commission voting
394representative from each member state who shall be that state's
395compact commissioner.
396     1.  Each member state represented at a meeting of the
397Interstate Commission is entitled to one vote.
398     2.  A majority of the total member states shall constitute
399a quorum for the transaction of business, unless a larger quorum
400is required by the bylaws of the Interstate Commission.
401     3.  A representative shall not delegate a vote to another
402member state. In the event the compact commissioner is unable to
403attend a meeting of the Interstate Commission, the Governor or
404state council may delegate voting authority to another person
405from their state for a specified meeting.
406     4.  The bylaws may provide for meetings of the Interstate
407Commission to be conducted by telecommunication or electronic
409     C.  Consist of ex officio, nonvoting representatives who
410are members of interested organizations. The ex officio members,
411as defined in the bylaws, may include, but not be limited to,
412members of the representative organizations of military family
413advocates, local education agency officials, parent and teacher
414groups, the United States Department of Defense, the Education
415Commission of the States, the Interstate Agreement on the
416Qualification of Educational Personnel, and other interstate
417compacts affecting the education of children of military
419     D.  Meet at least once each calendar year. The chairperson
420may call additional meetings and, upon the request of a simple
421majority of the member states, shall call additional meetings.
422     E.  Establish an executive committee, whose members shall
423include the officers of the Interstate Commission and such other
424members of the Interstate Commission as determined by the
425bylaws. Members of the executive committee shall serve a 1-year
426term. Members of the executive committee are entitled to one
427vote each. The executive committee shall have the power to act
428on behalf of the Interstate Commission, with the exception of
429rulemaking, during periods when the Interstate Commission is not
430in session. The executive committee shall oversee the day-to-day
431activities of the administration of the compact including
432enforcement and compliance with the compact, its bylaws and
433rules, and other such duties as deemed necessary. The United
434States Department of Defense shall serve as an ex officio,
435nonvoting member of the executive committee.
436     F.  Establish bylaws and rules that provide for conditions
437and procedures under which the Interstate Commission shall make
438its information and official records available to the public for
439inspection or copying. The Interstate Commission may exempt from
440disclosure information or official records to the extent they
441would adversely affect personal privacy rights or proprietary
443     G.  Give public notice of all meetings and all meetings
444shall be open to the public, except as set forth in the rules or
445as otherwise provided in the compact. The Interstate Commission
446and its committees may close a meeting, or portion thereof,
447where it determines by two-thirds vote that an open meeting
448would be likely to:
449     1.  Relate solely to the Interstate Commission's internal
450personnel practices and procedures;
451     2.  Disclose matters specifically exempted from disclosure
452by federal and state statute;
453     3.  Disclose trade secrets or commercial or financial
454information which is privileged or confidential;
455     4.  Involve accusing a person of a crime, or formally
456censuring a person;
457     5.  Disclose information of a personal nature where
458disclosure would constitute a clearly unwarranted invasion of
459personal privacy;
460     6.  Disclose investigative records compiled for law
461enforcement purposes; or
462     7.  Specifically relate to the Interstate Commission's
463participation in a civil action or other legal proceeding.
464     H.  For a meeting, or portion of a meeting, closed pursuant
465to this provision, the Interstate Commission's legal counsel or
466designee shall certify that the meeting may be closed and shall
467reference each relevant exemptible provision. The Interstate
468Commission shall keep minutes which shall fully and clearly
469describe all matters discussed in a meeting and shall provide a
470full and accurate summary of actions taken, and the reasons
471therefore, including a description of the views expressed and
472the record of a roll call vote. All documents considered in
473connection with an action shall be identified in such minutes.
474All minutes and documents of a closed meeting shall remain under
475seal, subject to release by a majority vote of the Interstate
477     I.  The Interstate Commission shall collect standardized
478data concerning the educational transition of the children of
479military families under this compact as directed through its
480rules which shall specify the data to be collected, the means of
481collection and data exchange, and reporting requirements. The
482methods of data collection, exchange, and reporting shall, in so
483far as is reasonably possible, conform to current technology and
484coordinate its information functions with the appropriate
485custodian of records as identified in the bylaws and rules.
486     J.  The Interstate Commission shall create a procedure that
487permits military officials, education officials, and parents to
488inform the Interstate Commission if and when there are alleged
489violations of the compact or its rules or when issues subject to
490the jurisdiction of the compact or its rules are not addressed
491by the state or local education agency. This section does not
492create a private right of action against the Interstate
493Commission or any member state.
496Interstate 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
499the goals, purposes, and obligations as enumerated in this
500compact. The rules have the force and effect of statutory law
501and are binding in the compact states to the extent and in the
502manner provided in this compact.
503     C.  Issue, upon request of a member state, advisory
504opinions concerning the meaning or interpretation of the
505interstate compact, its bylaws, rules, and actions.
506     D.  Enforce compliance with the compact provisions, the
507rules adopted by the Interstate Commission, and the bylaws,
508using all necessary and proper means, including, but not limited
509to, the use of judicial process.
510     E.  Establish and maintain offices that shall be located
511within 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
515     H.  Establish and appoint committees, including, but not
516limited to, an executive committee as required by Article IX,
517Section E, which shall have the power to act on behalf of the
518Interstate Commission in carrying out its powers and duties
520     I.  Elect or appoint such officers, attorneys, employees,
521agents, or consultants, and to fix their compensation, define
522their duties, and determine their qualifications; and to
523establish the Interstate Commission's personnel policies and
524programs relating to conflicts of interest, rates of
525compensation, and qualifications of personnel.
526     J.  Accept any and all donations and grants of money,
527equipment, supplies, materials, and services, and to receive,
528utilize, and dispose of it.
529     K.  Lease, purchase, accept contributions or donations of,
530or otherwise to own, hold, improve, or use any property, real,
531personal, or mixed.
532     L.  Sell, convey, mortgage, pledge, lease, exchange,
533abandon, or otherwise dispose of any property, real, personal,
534or mixed.
535     M.  Establish a budget and make expenditures.
536     N.  Adopt a seal and bylaws governing the management and
537operation of the Interstate Commission.
538     O.  Report annually to the legislatures, governors,
539judiciary, and state councils of the member states concerning
540the activities of the Interstate Commission during the preceding
541year. Such reports shall also include any recommendations that
542may have been adopted by the Interstate Commission.
543     P.  Coordinate education, training, and public awareness
544regarding the compact, its implementation, and operation for
545officials and parents involved in such activity.
546     Q.  Establish uniform standards for the reporting,
547collecting, and exchanging of data.
548     R.  Maintain corporate books and records in accordance with
549the bylaws.
550     S.  Perform such functions as may be necessary or
551appropriate to achieve the purposes of this compact.
552     T.  Provide for the uniform collection and sharing of
553information between and among member states, schools, and
554military families under this compact.
557     A.  The Interstate Commission shall, by a majority of the
558members present and voting, within 12 months after the first
559Interstate Commission meeting, adopt bylaws to govern its
560conduct as may be necessary or appropriate to carry out the
561purposes of the compact, including, but not limited to:
562     1.  Establishing the fiscal year of the Interstate
564     2.  Establishing an executive committee and such other
565committees as may be necessary;
566     3.  Providing for the establishment of committees and for
567governing any general or specific delegation of authority or
568function of the Interstate Commission;
569     4.  Providing reasonable procedures for calling and
570conducting meetings of the Interstate Commission and ensuring
571reasonable notice of each such meeting;
572     5.  Establishing the titles and responsibilities of the
573officers and staff of the Interstate Commission;
574     6.  Providing a mechanism for concluding the operations of
575the Interstate Commission and the return of surplus funds that
576may exist upon the termination of the compact after the payment
577and reserving of all of its debts and obligations.
578     7.  Providing "start up" rules for initial administration
579of the compact.
580     B.  The Interstate Commission shall, by a majority of the
581members, elect annually from among its members a chairperson, a
582vice chairperson, and a treasurer, each of whom shall have such
583authority and duties as may be specified in the bylaws. The
584chairperson or, in the chairperson's absence or disability, the
585vice chairperson shall preside at all meetings of the Interstate
586Commission. The officers so elected shall serve without
587compensation or remuneration from the Interstate Commission;
588provided that, subject to the availability of budgeted funds,
589the officers shall be reimbursed for ordinary and necessary
590costs and expenses incurred by them in the performance of their
591responsibilities as officers of the Interstate Commission.
592     C.  The executive committee has the authority and duties as
593may be set forth in the bylaws, including, but not limited to:
594     1.  Managing the affairs of the Interstate Commission in a
595manner consistent with the bylaws and purposes of the Interstate
597     2.  Overseeing an organizational structure within, and
598appropriate procedures for, the Interstate Commission to provide
599for the adoption of rules, operating procedures, and
600administrative and technical support functions; and
601     3.  Planning, implementing, and coordinating communications
602and activities with other state, federal, and local government
603organizations in order to advance the goals of the Interstate
605     D.  The executive committee may, subject to the approval of
606the Interstate Commission, appoint or retain an executive
607director for such period, upon such terms and conditions and for
608such compensation, as the Interstate Commission may deem
609appropriate. The executive director shall serve as secretary to
610the Interstate Commission, but is not a member of the Interstate
611Commission. The executive director shall hire and supervise such
612other persons as may be authorized by the Interstate Commission.
613     E.  The Interstate Commission's executive director and its
614employees are immune from suit and liability, either personally
615or in their official capacity, for a claim for damage to or loss
616of property or personal injury or other civil liability caused
617or arising out of, or relating to, an actual or alleged act,
618error, or omission that occurred, or that such person had a
619reasonable basis for believing occurred, within the scope of
620Interstate Commission employment, duties, or responsibilities,
621provided that the person is not protected from suit or liability
622for damage, loss, injury, or liability caused by the intentional
623or willful and wanton misconduct of the person.
624     1.  The liability of the Interstate Commission's executive
625director and employees or Interstate Commission representatives,
626acting within the scope of the person's employment or duties,
627for acts, errors, or omissions occurring within the person's
628state may not exceed the limits of liability set forth under the
629constitution and laws of that state for state officials,
630employees, and agents. The Interstate Commission is considered
631to be an instrumentality of the states for the purposes of any
632such action. This subsection does not protect the person from
633suit or liability for damage, loss, injury, or liability caused
634by the intentional or willful and wanton misconduct of the
636     2.  The Interstate Commission shall defend the executive
637director and its employees and, subject to the approval of the
638Attorney General or other appropriate legal counsel of the
639member state represented by an Interstate Commission
640representative, shall defend an Interstate Commission
641representative in any civil action seeking to impose liability
642arising out of an actual or alleged act, error, or omission that
643occurred within the scope of Interstate Commission employment,
644duties, or responsibilities, or that the defendant had a
645reasonable basis for believing occurred within the scope of
646Interstate Commission employment, duties, or responsibilities,
647provided that the actual or alleged act, error, or omission did
648not result from intentional or willful and wanton misconduct on
649the part of the person.
650     3.  To the extent not covered by the state involved, a
651member state, the Interstate Commission, and the representatives
652or employees of the Interstate Commission shall be held harmless
653in the amount of a settlement or judgment, including attorney's
654fees and costs, obtained against a person arising out of an
655actual or alleged act, error, or omission that occurred within
656the scope of Interstate Commission employment, duties, or
657responsibilities, or that the person had a reasonable basis for
658believing occurred within the scope of Interstate Commission
659employment, duties, or responsibilities, provided that the
660actual or alleged act, error, or omission did not result from
661intentional or willful and wanton misconduct on the part of the
665Interstate Commission shall adopt rules to effectively and
666efficiently implement this act to achieve the purposes of this
668     A.  If the Interstate Commission exercises its rulemaking
669authority in a manner that is beyond the scope of the purposes
670of this act, or the powers granted hereunder, the action
671undertaken by the Interstate Commission is invalid and has no
672force or effect.
673     B.  Rules must be adopted pursuant to a rulemaking process
674that substantially conforms to the "Model State Administrative
675Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
6761 (2000) as amended, as may be appropriate to the operations of
677the Interstate Commission.
678     C.  No later than 30 days after a rule is adopted, a person
679may file a petition for judicial review of the rule. The filing
680of the petition does not stay, or otherwise prevent the rule
681from becoming effective, unless a court finds that the
682petitioner has a substantial likelihood of success on the merits
683of the petition. The court shall give deference to the actions
684of the Interstate Commission consistent with applicable law and
685shall not find the rule to be unlawful if the rule represents a
686reasonable exercise of the Interstate Commission's authority.
687     D.  If a majority of the legislatures of the compacting
688states rejects a rule by enactment of a statute or resolution in
689the same manner used to adopt the compact, then the rule is
690invalid and has no further force and effect in any compacting
694     A.  The executive, legislative, and judicial branches of
695state government in each member state shall enforce this compact
696and shall take all actions necessary and appropriate to
697effectuate the compact's purposes and intent. The provisions of
698this compact and the rules adopted under it have the force and
699effect of statutory law.
700     B.  All courts shall take judicial notice of the compact
701and its adopted rules in any judicial or administrative
702proceeding in a member state pertaining to the subject matter of
703this compact which may affect the powers, responsibilities, or
704actions of the Interstate Commission.
705     C.  The Interstate Commission is entitled to receive all
706service of process in any such proceeding, and has standing to
707intervene in the proceeding for all purposes. Failure to provide
708service of process to the Interstate Commission renders a
709judgment or order void as to the Interstate Commission, this
710compact, or its adopted rules.
711     D.  If the Interstate Commission determines that a member
712state has defaulted in the performance of its obligations or
713responsibilities under this compact, or the bylaws or the
714adopted rules, the Interstate Commission shall:
715     1.  Provide written notice to the defaulting state and
716other member states of the nature of the default, the means of
717curing the default, and any action taken by the Interstate
718Commission. The Interstate Commission must specify the
719conditions by which the defaulting state must cure its default.
720     2.  Provide remedial training and specific technical
721assistance regarding the default.
722     3.  If the defaulting state fails to cure the default,
723terminate the defaulting state from the compact upon an
724affirmative vote of a majority of the member states and all
725rights, privileges, and benefits conferred by this compact shall
726be terminated from the effective date of termination. A cure of
727the default does not relieve the offending state of obligations
728or liabilities incurred during the period of the default.
729     E.  Suspension or termination of membership in the compact
730may not be imposed on a member until all other means of securing
731compliance have been exhausted. Notice of the intent to suspend
732or terminate membership must be given by the Interstate
733Commission to the Governor, the majority and minority leaders of
734the defaulting state's legislature, and each of the member
736     F.  A state that has been suspended or terminated is
737responsible for all assessments, obligations, and liabilities
738incurred through the effective date of suspension or termination
739including obligations, the performance of which extends beyond
740the effective date of suspension or termination.
741     G.  The remaining member states of the Interstate
742Commission do not bear any costs arising from a state that has
743been found to be in default or that has been suspended or
744terminated from the compact, unless otherwise mutually agreed
745upon in writing between the Interstate Commission and the
746defaulting state.
747     H.  A defaulting state may appeal the action of the
748Interstate Commission by petitioning the United States District
749Court for the District of Columbia or the federal district where
750the Interstate Commission has its principal offices. The
751prevailing party shall be awarded all costs of such litigation
752including reasonable attorney's fees.
753     I.  The Interstate Commission shall attempt, upon the
754request of a member state, to resolve disputes that are subject
755to the compact and that may arise among member states and
756between member and nonmember states. The Interstate Commission
757shall promulgate a rule providing for both mediation and binding
758dispute resolution for disputes as appropriate.
759     1.  The Interstate Commission, in the reasonable exercise
760of its discretion, shall enforce the provisions and rules of
761this compact.
762     2.  The Interstate Commission may, by majority vote of the
763members, initiate legal action in the United States District
764Court for the District of Columbia or, at the discretion of the
765Interstate Commission, in the federal district where the
766Interstate Commission has its principal offices to enforce
767compliance with the provisions of the compact, or its
768promulgated rules and bylaws, against a member state in default.
769The relief sought may include both injunctive relief and
770damages. In the event judicial enforcement is necessary, the
771prevailing party shall be awarded all costs of such litigation,
772including reasonable attorney's fees.
773     3.  The remedies herein are not the exclusive remedies of
774the Interstate Commission. The Interstate Commission may avail
775itself of any other remedies available under state law or the
776regulation of a profession.
779     A.  The Interstate Commission shall pay, or provide for the
780payment of, the reasonable expenses of its establishment,
781organization, and ongoing activities.
782     B.  The Interstate Commission may levy on and collect an
783annual assessment from each member state to cover the cost of
784the operations and activities of the Interstate Commission and
785its staff which must be in a total amount sufficient to cover
786the Interstate Commission's annual budget as approved each year.
787The aggregate annual assessment amount shall be allocated based
788upon a formula to be determined by the Interstate Commission,
789which shall adopt a rule binding upon all member states.
790     C.  The Interstate Commission may not incur any obligation
791of any kind before securing the funds adequate to meet the
792obligation and the Interstate Commission may not pledge the
793credit of any of the member states, except by and with the
794permission of the member state.
795     D.  The Interstate Commission shall keep accurate accounts
796of all receipts and disbursements. The receipts and
797disbursements of the Interstate Commission are subject to audit
798and accounting procedures established under its bylaws. However,
799all receipts and disbursements of funds handled by the
800Interstate Commission shall by audited yearly by a certified or
801licensed public accountant and the report of the audit shall be
802included in and become part of the annual report of the
803Interstate Commission.
806     A.  Any state is eligible to become a member state.
807     B.  The compact shall take effect and be binding upon
808legislative enactment of the compact into law by not less than
80910 of the states. The effective date shall be no earlier than
810December 1, 2007. Thereafter, it shall become effective and
811binding as to any other member state upon enactment of the
812compact into law by that state. The governors of nonmember
813states or their designees shall be invited to participate in the
814activities of the Interstate Commission on a nonvoting basis
815before adoption of the compact by all states.
816     C.  The Interstate Commission may propose amendments to the
817compact for enactment by the member states. An amendment does
818not become effective and binding upon the Interstate Commission
819and the member states until the amendment is enacted into law by
820unanimous consent of the member states.
823     A.  Once in effect, the compact continues in force and
824remains binding upon each and every member state, provided that
825a member state may withdraw from the compact, specifically
826repealing the statute that enacted the compact into law.
827     1.  Withdrawal from the compact occurs when a statute
828repealing its membership is enacted by the state, but does not
829take effect until 1 year after the effective date of the statute
830and until written notice of the withdrawal has been given by the
831withdrawing state to the Governor of each other member state.
832     2.  The withdrawing state must immediately notify the
833chairperson of the Interstate Commission in writing upon the
834introduction of legislation repealing this compact in the
835withdrawing state. The Interstate Commission shall notify the
836other member states of the withdrawing state's intent to
837withdraw within 60 days after its receipt thereof.
838     3.  A withdrawing state is responsible for all assessments,
839obligations, and liabilities incurred through the effective date
840of withdrawal, including obligations, the performance of which
841extend beyond the effective date of withdrawal.
842     4.  Reinstatement following withdrawal of a member state
843shall occur upon the withdrawing state reenacting the compact or
844upon such later date as determined by the Interstate Commission.
845     B.  This compact shall dissolve effective upon the date of
846the withdrawal or default of the member state which reduces the
847membership in the compact to one member state.
848     C.  Upon the dissolution of this compact, the compact
849becomes void and has no further force or effect, and the
850business and affairs of the Interstate Commission shall be
851concluded and surplus funds shall be distributed in accordance
852with the bylaws.
855     A.  The provisions of this compact shall be severable, and
856if any phrase, clause, sentence, or provision is deemed
857unenforceable, the remaining provisions of the compact shall be
859     B.  The provisions of this compact shall be liberally
860construed to effectuate its purposes.
861     C.  This compact does not prohibit the applicability of
862other interstate compacts to which the states are members.
865     A.  This compact does not prevent the enforcement of any
866other law of a member state that is not inconsistent with this
868     B.  All member states' laws conflicting with this compact
869are superseded to the extent of the conflict.
870     C.  All lawful actions of the Interstate Commission,
871including all rules and bylaws promulgated by the Interstate
872Commission, are binding upon the member states.
873     D.  All agreements between the Interstate Commission and
874the member states are binding in accordance with their terms.
875     E.  If any part of this compact exceeds the constitutional
876limits imposed on the Legislature of any member state, the
877provision shall be ineffective to the extent of the conflict
878with the constitutional provision in question in that member
880     Section 2.  Section 1000.37, Florida Statutes, is created
881to read:
882     1000.37  Copies to other states approving.--After the
883effective date of this act, the Secretary of State shall furnish
884to each of the states approving the Interstate Compact on
885Educational Opportunity for Military Children an enrolled copy
886of this act.
887     Section 3.  Section 1000.38, Florida Statutes, is created
888to read:
889     1000.38  Compact Commissioner and Military Family Education
890Liaison; Interstate Compact on Educational Opportunity for
891Military Children.--
892     (1)  In furtherance of Articles VIII and IX of the
893Interstate Compact on Educational Opportunity for Military
894Children, the Governor shall designate a:
895     (a)  Compact Commissioner, who shall be responsible for the
896administration and management of this state's participation in
897the compact and who shall serve as this state's voting
898representative on the Interstate Commission on Educational
899Opportunity for Military Children.
900     (b)  Military Family Education Liaison from the list of
901recommendations provided under s. 1000.39(2), who shall be
902responsible for assisting military families and the state in
903facilitating the implementation of this compact.
904     (2)  The Compact Commissioner and the Military Family
905Education Liaison shall serve at the pleasure of the Governor.
906     Section 4.  Section 1000.39, Florida Statutes, is created
907to read:
908     1000.39  State council; Interstate Compact on Educational
909Opportunity for Military Children.--
910     (1)  Pursuant to Article VIII of the Interstate Compact on
911Educational Opportunity for Military Children, the State Council
912on Interstate Educational Opportunity for Military Children is
914     (2)(a)  The purpose of the council is to provide advice and
915recommendations regarding this state's participation in and
916compliance with the compact and Interstate Commission on
917Educational Opportunity for Military Children activities.
918     (b)  No later than 3 months after its formation, and
919whenever requested by the Governor thereafter, the council shall
920provide the Governor with names of at least three, but no more
921than five, persons who are recommended by the council to serve
922as the Military Family Education Liaison.
923     (3)  The council shall consist of the following seven
925     (a)  The Commissioner of Education or his or her designee.
926     (b)  The superintendent, or his or her designee, for the
927school district with the highest percentage per capita of
928military children during the previous school year.
929     (c)  Two members appointed by the Commissioner of
930Education, one of whom shall represent a military installation
931located within this state and one of whom shall represent the
932executive branch and possess experience in assisting military
933families in obtaining educational services for their children.
934The term of each member appointed under this paragraph shall be
935for 4 years, except that, in order to provide for staggered
936terms, the Commissioner of Education shall initially appoint one
937member 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
939pleasure of, the President of the Senate and the Speaker of the
940House of Representatives.
941     (e)  The Compact Commissioner and the Military Family
942Education Liaison designated by the Governor under s. 1000.38,
943who shall serve as nonvoting, ex officio members of the council.
944     (4)  Council members shall serve without compensation but
945are entitled to reimbursement for per diem and travel expenses
946as provided in s. 112.061.
947     (5)  The provisions of s. 24, Art. I of the State
948Constitution and of chapter 119 and s. 286.011 apply to
949proceedings and records of the council. Minutes, including a
950record of all votes cast, must be maintained for all meetings.
951     (6)  The Department of Education shall provide
952administrative support to the council.
953     (7)  If the council is abolished, its records must be
954appropriately stored, within 30 days after the effective date of
955its abolition, by the department or its successor agency. Any
956property assigned to the council must be reclaimed by the
957department or its successor agency. The council may not perform
958any activities after the effective date of its abolition.
959     Section 5.  Sections 1000.36, 1000.37, 1000.38, and
9601000.39, Florida Statutes, shall stand repealed 2 years after
961the effective date of this act unless reviewed and saved from
962repeal through reenactment by the Legislature.
963     Section 6.  This act shall take effect July 1, 2008, or
964upon enactment of the compact into law by nine other states,
965whichever date occurs later.

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