Florida Senate - 2008 SB 2546
By Senator Storms
A bill to be entitled
An act relating to the Interstate Compact on
Educational Opportunity for Military Children; creating
s. 1000.36, F.S.; directing the Governor to execute the
Interstate Compact on Educational Opportunity for
Military Children on behalf of this state with any
other state or states legally adopting the compact;
providing definitions; providing applicability;
providing for the transfer of education records from a
sending to a receiving state; requiring that children
of military personnel be enrolled in classes at current
grade level; providing for eligibility for graduation;
providing for a state council to coordinate agencies
and schools; providing for membership on the council;
creating the Interstate Commission on Educational
Opportunity for Military Children; providing for
membership, organization, meetings, operations, powers,
and duties; creating an executive committee; requiring
the commission to adopt rules; providing for a legal
challenge to the adopted rules; providing for
oversight, enforcement, and dispute resolution;
providing procedures to suspend or terminate member
states; authorizing the commission to levy and collect
an annual assessment from each member state; providing
the method for the compact to become effective and
binding on the member states; providing procedures for
the withdrawal of a member state; providing
severability; providing for the effect of the compact
on member states' laws; creating s. 1000.37, F.S.;
requiring the Secretary of State to furnish a copy of
the enrolled act enacting the Interstate Compact on
Educational Opportunity for Military Children to each
of the states approving the compact; providing an
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 1000.36, Florida Statutes, is created to
1000.36 Interstate Compact on Educational
Opportunity for Military Children.--The Governor is authorized
and directed to execute the Interstate Compact on Educational
Opportunity for Military Children on behalf of this state with
any other state or states legally joining therein in the form
substantially as follows:
Interstate Compact on Educational
Opportunity for Military Children
PURPOSE.--It is the purpose of this compact to remove
barriers to educational success imposed on children of military
families because of frequent moves and deployment of their
A. Facilitating the timely enrollment of children of
military families and ensuring that they are not placed at a
disadvantage due to difficulty in the transfer of education
records from the previous school district or variations in
entrance or age requirements.
B. Facilitating the student placement process through which
children of military families are not disadvantaged by variations
in attendance requirements, scheduling, sequencing, grading,
course content, or assessment.
C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in
extracurricular academic, athletic, and social activities.
D. Facilitating the on-time graduation of children of
E. Providing for the adoption and enforcement of
administrative rules implementing this compact.
F. Providing for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact.
G. Promoting coordination between this compact and other
compacts affecting military children.
H. Promoting flexibility and cooperation between the
educational system, parents, and the student in order to achieve
educational success for the student.
DEFINITIONS.--As used in this compact, unless the context
clearly requires a different construction, the term:
A. "Active duty" means the full-time duty status in the
active uniformed service of the United States, including members
of the National Guard and Reserve on active duty orders pursuant
to 10 U.S.C. ss. 1209 and 1211.
B. "Children of military families" means school-aged
children, enrolled in kindergarten through 12th grade, in the
household of an active-duty member.
C. "Compact commissioner" means the voting representative
of each compacting state appointed under Article VIII of this
D. "Deployment" means the period 1 month before the service
members' departure from their home station on military orders
though 6 months after return to their home station.
E. "Educational records" or "education records" means
those official records, files, and data directly related to a
student and maintained by the school or local education agency,
including, but not limited to, records encompassing all the
material kept in the student's cumulative folder such as general
identifying data, records of attendance and of academic work
completed, records of achievement and results of evaluative
tests, health data, disciplinary status, test protocols, and
individualized education programs.
F. "Extracurricular activities" means a voluntary activity
sponsored by the school or local education agency or an
organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to,
preparation for and involvement in, public performances,
contests, athletic competitions, demonstrations, displays, and
G. "Interstate Commission on Educational Opportunity for
Military Children" means the commission that is created under
Article IX of this compact, which is generally referred to as the
H. "Local education agency" means a public authority
legally constituted by the state as an administrative agency to
provide control of, and direction for, kindergarten through 12th
grade public educational institutions.
I. "Member state" means a state that has enacted this
J. "Military installation" means a base, camp, post,
station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the Department of Defense,
including any leased facility, which is located within any of the
several states, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Islands, and any other United States
Territory. The term does not include any facility used primarily
for civil works, rivers and harbors projects, or flood control
K. "Nonmember state" means a state that has not enacted
L. "Receiving state" means the state to which a child of a
military family is sent, brought, or caused to be sent or
M. "Rule" means a written statement by the Interstate
Commission adopted under Article XII of this compact which is of
general applicability, implements, interprets, or prescribes a
policy or provision of the compact, or an organizational,
procedural, or practice requirement of the Interstate Commission,
and has the force and effect of statutory law in a member state,
and includes the amendment, repeal, or suspension of an existing
N. "Sending state" means the state from which a child of a
military family is sent, brought, or caused to be sent or
O. "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands, and any other United States Territory.
P. "Student" means the child of a military family for whom
the local education agency receives public funding and who is
formally enrolled in kindergarten through 12th grade.
Q. "Transition" means:
1. The formal and physical process of transferring from
school to school; or
2. The period of time in which a student moves from one
school in the sending state to another school in the receiving
R. "Uniformed services" means the Army, Navy, Air Force,
Marine Corps, Coast Guard as well as the Commissioned Corps of
the National Oceanic and Atmospheric Administration, and Public
S. "Veteran" means a person who served in the uniformed
services and who was discharged or released there from under
conditions other than dishonorable.
A. Except as otherwise provided in Section C, this compact
applies to the children of:
1. Active duty members of the uniformed services, including
members of the National Guard and Reserve on active-duty orders
pursuant to 10 U.S.C. ss. 1209 and 1211;
2. Members or veterans of the uniformed services who are
severely injured and medically discharged or retired for a period
of 1 year after medical discharge or retirement; and
3. Members of the uniformed services who die on active duty
or as a result of injuries sustained on active duty for a period
of 1 year after death.
B. This interstate compact applies to local education
C. This compact does not apply to the children of:
1. Inactive members of the national guard and military
2. Members of the uniformed services now retired, except as
provided in Section A;
3. Veterans of the uniformed services, except as provided
in Section A; and
4. Other United States Department of Defense personnel and
other federal agency civilian and contract employees not defined
as active-duty members of the uniformed services.
EDUCATIONAL RECORDS AND ENROLLMENT.--
A. If a child's official education records cannot be
released to the parents for the purpose of transfer, the
custodian of the records in the sending state shall prepare and
furnish to the parent a complete set of unofficial educational
records containing uniform information as determined by the
Interstate Commission. Upon receipt of the unofficial education
records by a school in the receiving state, that school shall
enroll and appropriately place the student based on the
information provided in the unofficial records pending validation
by the official records, as quickly as possible.
B. Simultaneous with the enrollment and conditional
placement of the student, the school in the receiving state shall
request the student's official education record from the school
in the sending state. Upon receipt of the request, the school in
the sending state shall process and furnish the official
education records to the school in the receiving state within 10
days or within such time as is reasonably determined under the
rules adopted by the Interstate Commission.
C. Compact states must give 30 days from the date of
enrollment or within such time as is reasonably determined under
the rules adopted by the Interstate Commission, for students to
obtain any immunization required by the receiving state. For a
series of immunizations, initial vaccinations must be obtained
within 30 days or within such time as is reasonably determined
under the rules promulgated by the Interstate Commission.
D. Students shall be allowed to continue their enrollment
at grade level in the receiving state commensurate with their
grade level, including kindergarten, from a local education
agency in the sending state at the time of transition, regardless
of age. A student who has satisfactorily completed the
prerequisite grade level in the local education agency in the
sending state is eligible for enrollment in the next highest
grade level in the receiving state, regardless of age. A student
transferring after the start of the school year in the receiving
state shall enter the school in the receiving state on their
validated level from an accredited school in the sending state.
PLACEMENT AND ATTENDANCE.--
A. If a student transfers before or during the school year,
the receiving state school shall initially honor placement of the
student in educational courses based on the student's enrollment
in the sending state school or educational assessments conducted
at the school in the sending state if the courses are offered.
Course placement includes, but is not limited to, Honors,
International Baccalaureate, Advanced Placement, vocational,
technical, and career pathways courses. Continuing the student's
academic program from the previous school and promoting placement
in academically and career challenging courses should be
paramount when considering placement. A school in the receiving
state is not precluded from performing subsequent evaluations to
ensure appropriate placement and continued enrollment of the
student in the courses.
B. The receiving state school must initially honor
placement of the student in educational programs based on current
educational assessments conducted at the school in the sending
state or participation or placement in like programs in the
sending state. Such programs include, but are not limited to:
1. Gifted and talented programs; and
2. English as a second language (ESL).
A school in the receiving state is not precluded from performing
subsequent evaluations to ensure appropriate placement and
continued enrollment of the student in the courses.
C. A receiving state must initially provide comparable
services to a student with disabilities based on his or her
current individualized education program (IEP) in compliance with
the requirements of the Individuals with Disabilities Education
Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving state must
make reasonable accommodations and modifications to address the
needs of incoming students with disabilities, subject to an
existing section 504 or title II plan, to provide the student
with equal access to education, in compliance with the provisions
of Section 504 of the Rehabilitation Act, 29 U.S.C.A. s. 794, and
with title II of the Americans with Disabilities Act, 42 U.S.C.
ss. 12131-12165. A school in the receiving state is not precluded
from performing subsequent evaluations to ensure appropriate
placement and continued enrollment of the student in the courses.
D. Local education agency administrative officials may
waive course or program prerequisites, or other preconditions for
placement in courses or programs offered under the jurisdiction
of the local education agency.
E. A student whose parent or legal guardian is an active-
duty member of the uniformed services and has been called to duty
for, is on leave from, or immediately returned from deployment
to, a combat zone or combat support posting, shall be granted
additional excused absences at the discretion of the local
education agency superintendent to visit with his or her parent
or legal guardian relative to such leave or deployment of the
parent or guardian.
A. When considering the eligibility of a child for
enrolling in a school:
1. A special power of attorney relative to the guardianship
of a child of a military family and executed under applicable law
is sufficient for the purposes of enrolling the child in school
and for all other actions requiring parental participation and
2. A local education agency is prohibited from charging
local tuition to a transitioning military child placed in the
care of a noncustodial parent or other person standing in loco
parentis who lives in a school's jurisdiction different from that
of the custodial parent.
3. A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis who
lives in a school's jurisdiction different from that of the
custodial parent, may continue to attend the school in which he
or she was enrolled while residing with the custodial parent.
B. State and local education agencies must facilitate the
opportunity for transitioning military children's inclusion in
extracurricular activities, regardless of application deadlines,
to the extent they are otherwise qualified.
GRADUATION.--In order to facilitate the on-time graduation
of children of military families, states and local education
agencies shall incorporate the following procedures:
A. Local education agency administrative officials shall
waive specific courses required for graduation if similar course
work has been satisfactorily completed in another local education
agency or shall provide reasonable justification for denial. If a
waiver is not granted to a student who would qualify to graduate
from the sending school, the local education agency must provide
an alternative means of acquiring required coursework so that
graduation may occur on time.
B. States shall accept exit or end-of-course exams required
for graduation from the sending state; national norm-referenced
achievement tests; or alternative testing, in lieu of testing
requirements for graduation in the receiving state. If these
alternatives cannot be accommodated by the receiving state for a
student transferring in his or her senior year, then the
provisions of Article VII, Section C shall apply.
C. If a military student transfers at the beginning or
during his or her senior year and is not eligible to graduate
from the receiving local education agency after all alternatives
have been considered, the sending and receiving local education
agencies must ensure the receipt of a diploma from the sending
local education agency, if the student meets the graduation
requirements of the sending local education agency. If one of the
states in question is not a member of this compact, the member
state shall use its best efforts to facilitate the on-time
graduation of the student in accordance with Sections A and B of
STATE COORDINATION.--Each member state shall, through the
creation of a state council or use of an existing body or board,
provide for the coordination among its agencies of government,
local education agencies, and military installations concerning
the state's participation in, and compliance with, this compact
and Interstate Commission activities.
A. Each member state may determine the membership of its
own state council but the membership must include at least: the
state superintendent of education, the superintendent of a school
district that has a high concentration of military children, a
representative from a military installation, one representative
each from the legislative and executive branches of government,
and other offices and stakeholder groups the state council deems
appropriate. A member state that does not have a school district
deemed to contain a high concentration of military children may
appoint a superintendent from another school district to
represent local education agencies on the state council.
B. The state council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
C. The compact commissioner responsible for the
administration and management of the state's participation in the
compact shall be appointed by the Governor or as otherwise
determined by each member state.
D. The compact commissioner and the military family
education liaison shall be ex officio members of the state
council, unless either is already a full voting member of the
INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN.--The member states hereby create the
"Interstate Commission on Educational Opportunity for Military
Children." The activities of the Interstate Commission are the
formation of public policy and are a discretionary state
function. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member
states and shall have all the responsibilities, powers, and
duties set forth herein, and such additional powers as may be
conferred upon it by a subsequent concurrent action of the
respective legislatures of the member states in accordance with
the terms of this compact.
B. Consist of one Interstate Commission voting
representative from each member state who shall be that state's
1. Each member state represented at a meeting of the
Interstate Commission is entitled to one vote.
2. A majority of the total member states shall constitute a
quorum for the transaction of business, unless a larger quorum is
required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another
member state. In the event the compact commissioner is unable to
attend a meeting of the Interstate Commission, the Governor or
state council may delegate voting authority to another person
from their state for a specified meeting.
4. The bylaws may provide for meetings of the Interstate
Commission to be conducted by telecommunication or electronic
C. Consist of ex officio, nonvoting representatives who are
members of interested organizations. The ex officio members, as
defined in the bylaws, may include, but not be limited to,
members of the representative organizations of military family
advocates, local education agency officials, parent and teacher
groups, the United States Department of Defense, the Education
Commission of the States, the Interstate Agreement on the
Qualification of Educational Personnel, and other interstate
compacts affecting the education of children of military members.
D. Meet at least once each calendar year. The chairperson
may call additional meetings and, upon the request of a simple
majority of the member states, shall call additional meetings.
E. Establish an executive committee, whose members shall
include the officers of the Interstate Commission and such other
members of the Interstate Commission as determined by the bylaws.
Members of the executive committee shall serve a 1-year term.
Members of the executive committee are entitled to one vote each.
The executive committee shall have the power to act on behalf of
the Interstate Commission, with the exception of rulemaking,
during periods when the Interstate Commission is not in session.
The executive committee shall oversee the day-to-day activities
of the administration of the compact including enforcement and
compliance with the compact, its bylaws and rules, and other such
duties as deemed necessary. The United States Department of
Defense shall serve as an ex officio, nonvoting member of the
F. Establish bylaws and rules that provide for conditions
and procedures under which the Interstate Commission shall make
its information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure information or official records to the extent they
would adversely affect personal privacy rights or proprietary
G. Give public notice of all meetings and all meetings
shall be open to the public, except as set forth in the rules or
as otherwise provided in the compact. The Interstate Commission
and its committees may close a meeting, or portion thereof, where
it determines by two-thirds vote that an open meeting would be
1. Relate solely to the Interstate Commission's internal
personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure
by federal and state statute;
3. Disclose trade secrets or commercial or financial
information which is privileged or confidential;
4. Involve accusing a person of a crime, or formally
censuring a person;
5. Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
6. Disclose investigative records compiled for law
enforcement purposes; or
7. Specifically relate to the Interstate Commission's
participation in a civil action or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant
to this provision, the Interstate Commission's legal counsel or
designee shall certify that the meeting may be closed and shall
reference each relevant exemptible provision. The Interstate
Commission shall keep minutes which shall fully and clearly
describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed and the
record of a roll call vote. All documents considered in
connection with an action shall be identified in such minutes.
All minutes and documents of a closed meeting shall remain under
seal, subject to release by a majority vote of the Interstate
I. The Interstate Commission shall collect standardized
data concerning the educational transition of the children of
military families under this compact as directed through its
rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements. The
methods of data collection, exchange and reporting shall, in so
far as is reasonably possible, conform to current technology and
coordinate its information functions with the appropriate
custodian of records as identified in the bylaws and rules.
J. The Interstate Commission shall create a procedure that
permits military officials, education officials, and parents to
inform the Interstate Commission if and when there are alleged
violations of the compact or its rules or when issues subject to
the jurisdiction of the compact or its rules are not addressed by
the state or local education agency. This section does not create
a private right of action against the Interstate Commission or
any member state.
POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The
Interstate Commission has the power to:
A. Provide for dispute resolution among member states.
B. Adopt rules and take all necessary actions to effect the
goals, purposes, and obligations as enumerated in this compact.
The rules have the force and effect of statutory law and are
binding in the compact states to the extent and in the manner
provided in this compact.
C. Issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate
compact, its bylaws, rules, and actions.
D. Enforce compliance with the compact provisions, the
rules adopted by the Interstate Commission, and the bylaws, using
all necessary and proper means, including, but not limited to,
the use of judicial process.
E. Establish and maintain offices that shall be located
within one or more of the member states.
F. Purchase and maintain insurance and bonds.
G. Borrow, accept, hire, or contract for services of
H. Establish and appoint committees, including, but not
limited to, an executive committee as required by Article IX,
Section E, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties
I. Elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define
their duties, and determine their qualifications; and to
establish the Interstate Commission's personnel policies and
programs relating to conflicts of interest, rates of
compensation, and qualifications of personnel.
J. Accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
K. Lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve, or use any property, real,
personal, or mixed.
L. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal, or
M. Establish a budget and make expenditures.
N. Adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
O. Report annually to the legislatures, governors,
judiciary, and state councils of the member states concerning the
activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that
may have been adopted by the Interstate Commission.
P. Coordinate education, training, and public awareness
regarding the compact, its implementation, and operation for
officials and parents involved in such activity.
Q. Establish uniform standards for the reporting,
collecting, and exchanging of data.
R. Maintain corporate books and records in accordance with
S. Perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
T. Provide for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact.
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--
A. The Interstate Commission shall, by a majority of the
members present and voting, within 12 months after the first
Interstate Commission meeting, adopt bylaws to govern its conduct
as may be necessary or appropriate to carry out the purposes of
the compact, including, but not limited to:
1. Establishing the fiscal year of the Interstate
2. Establishing an executive committee and such other
committees as may be necessary;
3. Providing for the establishment of committees and for
governing any general or specific delegation of authority or
function of the Interstate Commission;
4. Providing reasonable procedures for calling and
conducting meetings of the Interstate Commission and ensuring
reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the
officers and staff of the Interstate Commission;
6. Providing a mechanism for concluding the operations of
the Interstate Commission and the return of surplus funds that
may exist upon the termination of the compact after the payment
and reserving of all of its debts and obligations.
7. Providing "start up" rules for initial administration of
B. The Interstate Commission shall, by a majority of the
members, elect annually from among its members a chairperson, a
vice chairperson, and a treasurer, each of whom shall have such
authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the
vice chairperson, shall preside at all meetings of the Interstate
Commission. The officers so elected shall serve without
compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
C. The executive committee has the authority and duties as
may be set forth in the bylaws, including, but not limited to:
1. Managing the affairs of the Interstate Commission in a
manner consistent with the bylaws and purposes of the Interstate
2. Overseeing an organizational structure within, and
appropriate procedures for the Interstate Commission to provide
for the adoption of rules, operating procedures, and
administrative and technical support functions; and
3. Planning, implementing, and coordinating communications
and activities with other state, federal, and local government
organizations in order to advance the goals of the Interstate
D. The executive committee may, subject to the approval of
the Interstate Commission, appoint or retain an executive
director for such period, upon such terms and conditions and for
such compensation, as the Interstate Commission may deem
appropriate. The executive director shall serve as secretary to
the Interstate Commission, but is not a member of the Interstate
Commission. The executive director shall hire and supervise such
other persons as may be authorized by the Interstate Commission.
E. The Interstate Commission's executive director and its
employees are immune from suit and liability, either personally
or in their official capacity, for a claim for damage to or loss
of property or personal injury or other civil liability caused or
arising out of, or relating to, an actual or alleged act, error,
or omission that occurred, or that such person had a reasonable
basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities, provided that
the person is not protected from suit or liability for damage,
loss, injury, or liability caused by the intentional or willful
and wanton misconduct of the person.
1. The liability of the Interstate Commission's executive
director and employees or Interstate Commission representatives,
acting within the scope of the person's employment or duties for
acts, errors, or omissions occurring within the person's state
may not exceed the limits of liability set forth under the
constitution and laws of that state for state officials,
employees, and agents. The Interstate Commission is considered to
be an instrumentality of the states for the purposes of any such
action. This subsection does not protect the person from suit or
liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of the person.
2. The Interstate Commission shall defend the executive
director and its employees and, subject to the approval of the
Attorney General or other appropriate legal counsel of the member
state represented by an Interstate Commission representative,
shall defend an Interstate Commission representative in any civil
action seeking to impose liability arising out of an actual or
alleged act, error, or omission that occurred within the scope of
Interstate Commission employment, duties, or responsibilities, or
that the defendant had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error,
or omission did not result from intentional or willful and wanton
misconduct on the part of the person.
3. To the extent not covered by the state involved, a
member state, the Interstate Commission, and the representatives
or employees of the Interstate Commission shall be held harmless
in the amount of a settlement or judgment, including attorney's
fees and costs, obtained against a person arising out of an
actual or alleged act, error, or omission that occurred within
the scope of Interstate Commission employment, duties, or
responsibilities, or that the person had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from
intentional or willful and wanton misconduct on the part of the
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--The
Interstate Commission shall adopt rules to effectively and
efficiently implement this act to achieve the purposes of this
A. If the Interstate Commission exercises its rulemaking
authority in a manner that is beyond the scope of the purposes of
this act, or the powers granted hereunder, the action undertaken
by the Interstate Commission is invalid and has no force or
B. Rules must be adopted pursuant to a rulemaking process
that substantially conforms to the "Model State Administrative
Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
1 (2000) as amended, as may be appropriate to the operations of
the Interstate Commission.
C. No later than 30 days after a rule is adopted, a person
may file a petition for judicial review of the rule. The filing
of the petition does not stay, or otherwise prevent the rule from
becoming effective, unless a court finds that the petitioner has
a substantial likelihood of success on the merits of the
petition. The court shall give deference to the actions of the
Interstate Commission consistent with applicable law and shall
not find the rule to be unlawful if the rule represents a
reasonable exercise of the Interstate Commission's authority.
D. If a majority of the legislatures of the compacting
states rejects a rule by enactment of a statute or resolution in
the same manner used to adopt the compact, then the rule is
invalid and has no further force and effect in any compacting
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.--
A. The executive, legislative, and judicial branches of
state government in each member state shall enforce this compact
and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions of
this compact and the rules adopted under it have the force and
effect of statutory law.
B. All courts shall take judicial notice of the compact and
its adopted rules in any judicial or administrative proceeding in
a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the
C. The Interstate Commission is entitled to receive all
service of process in any such proceeding, and has standing to
intervene in the proceeding for all purposes. Failure to provide
service of process to the Interstate Commission renders a
judgment or order void as to the Interstate Commission, this
compact, or its adopted rules.
D. If the Interstate Commission determines that a member
state has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or the adopted
rules, the Interstate Commission shall:
1. Provide written notice to the defaulting state and other
member states, of the nature of the default, the means of curing
the default, and any action taken by the Interstate Commission.
The Interstate Commission must specify the conditions by which
the defaulting state must cure its default.
2. Provide remedial training and specific technical
assistance regarding the default.
3. If the defaulting state fails to cure the default,
terminate the defaulting state from the compact upon an
affirmative vote of a majority of the member states and all
rights, privileges, and benefits conferred by this compact shall
be terminated from the effective date of termination. A cure of
the default does not relieve the offending state of obligations
or liabilities incurred during the period of the default.
E. Suspension or termination of membership in the compact
may not be imposed on a member until all other means of securing
compliance have been exhausted. Notice of the intent to suspend
or terminate membership must be given by the Interstate
Commission to the Governor, the majority and minority leaders of
the defaulting state's legislature, and each of the member
F. A state that has been suspended or terminated is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of suspension or termination
including obligations, the performance of which extends beyond
the effective date of suspension or termination.
G. The remaining member states of the Interstate Commission
do not bear any costs arising from a state that has been found to
be in default or that has been suspended or terminated from the
compact, unless otherwise mutually agreed upon in writing between
the Interstate Commission and the defaulting state.
H. A defaulting state may appeal the action of the
Interstate Commission by petitioning the United States District
Court for the District of Columbia or the federal district where
the Interstate Commission has its principal offices. The
prevailing party shall be awarded all costs of such litigation
including reasonable attorney's fees.
I. The Interstate Commission shall attempt, upon the
request of a member state, to resolve disputes that are subject
to the compact and that may arise among member states and between
member and nonmember states. The Interstate Commission shall
promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
1. The Interstate Commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of this
2. The Interstate Commission may, by majority vote of the
members, initiate legal action in the United States District
Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the
Interstate Commission has its principal offices, to enforce
compliance with the provisions of the compact, or its promulgated
rules and bylaws, against a member state in default. The relief
sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney's fees.
3. The remedies herein are not the exclusive remedies of
the Interstate Commission. The Interstate Commission may avail
itself of any other remedies available under state law or the
regulation of a profession.
FINANCING OF THE INTERSTATE COMMISSION.--
A. The Interstate Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an
annual assessment from each member state to cover the cost of the
operations and activities of the Interstate Commission and its
staff which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon
a formula to be determined by the Interstate Commission, which
shall adopt a rule binding upon all member states.
C. The Interstate Commission may not incur any obligation
of any kind before securing the funds adequate to meet the
obligation and the Interstate Commission may not pledge the
credit of any of the member states, except by and with the
permission of the member state.
D. The Interstate Commission shall keep accurate accounts
of all receipts and disbursements. The receipts and disbursements
of the Interstate Commission are subject to audit and accounting
procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission
shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and
become part of the annual report of the Interstate Commission.
MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.--
A. Any state is eligible to become a member state.
B. The compact shall take effect and be binding upon
legislative enactment of the compact into law by not less than 10
of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter, it shall become effective and
binding as to any other member state upon enactment of the
compact into law by that state. The governors of nonmember states
or their designees shall be invited to participate in the
activities of the Interstate Commission on a nonvoting basis
before adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the
compact for enactment by the member states. An amendment does not
become effective and binding upon the Interstate Commission and
the member states until the amendment is enacted into law by
unanimous consent of the member states.
WITHDRAWAL AND DISSOLUTION.--
A. Once in effect, the compact continues in force and
remains binding upon each and every member state, provided that a
member state may withdraw from the compact, specifically
repealing the statute that enacted the compact into law.
1. Withdrawal from the compact occurs when a statute
repealing its membership is enacted by the state, but does not
take effect until 1 year after the effective date of the statute
and until written notice of the withdrawal has been given by the
withdrawing state to the Governor of each other member state.
2. The withdrawing state must immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the
other member states of the withdrawing state's intent to withdraw
within 60 days after its receipt thereof.
3. A withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date
of withdrawal, including obligations, the performance of which
extend beyond the effective date of withdrawal.
4. Reinstatement following withdrawal of a member state
shall occur upon the withdrawing state reenacting the compact or
upon such later date as determined by the Interstate Commission.
B. This compact shall dissolve effective upon the date of
the withdrawal or default of the member state which reduces the
membership in the compact to one member state.
C. Upon the dissolution of this compact, the compact
becomes void and has no further force or effect, and the business
and affairs of the Interstate Commission shall be concluded and
surplus funds shall be distributed in accordance with the bylaws.
SEVERABILITY AND CONSTRUCTION.--
A. The provisions of this compact shall be severable, and
if any phrase, clause, sentence, or provision is deemed
unenforceable, the remaining provisions of the compact shall be
B. The provisions of this compact shall be liberally
construed to effectuate its purposes.
C. This compact does not prohibit the applicability of
other interstate compacts to which the states are members.
BINDING EFFECT OF COMPACT AND OTHER LAWS.--
A. This compact does not prevent the enforcement of any
other law of a member state that is not inconsistent with this
B. All member states' laws conflicting with this compact
are superseded to the extent of the conflict.
C. All lawful actions of the Interstate Commission,
including all rules and bylaws promulgated by the Interstate
Commission, are binding upon the member states.
D. All agreements between the Interstate Commission and the
member states are binding in accordance with their terms.
E. If any part of this compact exceeds the constitutional
limits imposed on the Legislature of any member state, the
provision shall be ineffective to the extent of the conflict with
the constitutional provision in question in that member state.
Section 2. Section 1000.37, Florida Statutes, is created to
1000.37 Copies to other states approving.--After the
effective date of this act, the Secretary of State shall furnish
to each of the states approving the Interstate Compact on
Educational Opportunity for Military Children an enrolled copy of
Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.