Florida Senate - 2008 SB 2546

By Senator Storms

10-02829-08 20082546__

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

effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 1000.36, Florida Statutes, is created to

read:

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

ARTICLE I

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

parents by:

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

military families.

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.

ARTICLE II

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

compact.

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

100

tests, health data, disciplinary status, test protocols, and

101

individualized education programs.

102

F. "Extracurricular activities" means a voluntary activity

103

sponsored by the school or local education agency or an

104

organization sanctioned by the local education agency.

105

Extracurricular activities include, but are not limited to,

106

preparation for and involvement in, public performances,

107

contests, athletic competitions, demonstrations, displays, and

108

club activities.

109

G. "Interstate Commission on Educational Opportunity for

110

Military Children" means the commission that is created under

111

Article IX of this compact, which is generally referred to as the

112

Interstate Commission.

113

H. "Local education agency" means a public authority

114

legally constituted by the state as an administrative agency to

115

provide control of, and direction for, kindergarten through 12th

116

grade public educational institutions.

117

I. "Member state" means a state that has enacted this

118

compact.

119

J. "Military installation" means a base, camp, post,

120

station, yard, center, homeport facility for any ship, or other

121

activity under the jurisdiction of the Department of Defense,

122

including any leased facility, which is located within any of the

123

several states, the District of Columbia, the Commonwealth of

124

Puerto Rico, the United States Virgin Islands, Guam, American

125

Samoa, the Northern Marianas Islands, and any other United States

126

Territory. The term does not include any facility used primarily

127

for civil works, rivers and harbors projects, or flood control

128

projects.

129

K. "Nonmember state" means a state that has not enacted

130

this compact.

131

L. "Receiving state" means the state to which a child of a

132

military family is sent, brought, or caused to be sent or

133

brought.

134

M. "Rule" means a written statement by the Interstate

135

Commission adopted under Article XII of this compact which is of

136

general applicability, implements, interprets, or prescribes a

137

policy or provision of the compact, or an organizational,

138

procedural, or practice requirement of the Interstate Commission,

139

and has the force and effect of statutory law in a member state,

140

and includes the amendment, repeal, or suspension of an existing

141

rule.

142

N. "Sending state" means the state from which a child of a

143

military family is sent, brought, or caused to be sent or

144

brought.

145

O. "State" means a state of the United States, the District

146

of Columbia, the Commonwealth of Puerto Rico, the United States

147

Virgin Islands, Guam, American Samoa, the Northern Marianas

148

Islands, and any other United States Territory.

149

P. "Student" means the child of a military family for whom

150

the local education agency receives public funding and who is

151

formally enrolled in kindergarten through 12th grade.

152

Q. "Transition" means:

153

1. The formal and physical process of transferring from

154

school to school; or

155

2. The period of time in which a student moves from one

156

school in the sending state to another school in the receiving

157

state.

158

R. "Uniformed services" means the Army, Navy, Air Force,

159

Marine Corps, Coast Guard as well as the Commissioned Corps of

160

the National Oceanic and Atmospheric Administration, and Public

161

Health Services.

162

S. "Veteran" means a person who served in the uniformed

163

services and who was discharged or released there from under

164

conditions other than dishonorable.

165

ARTICLE III

166

APPLICABILITY.--

167

A. Except as otherwise provided in Section C, this compact

168

applies to the children of:

169

1. Active duty members of the uniformed services, including

170

members of the National Guard and Reserve on active-duty orders

171

pursuant to 10 U.S.C. ss. 1209 and 1211;

172

2. Members or veterans of the uniformed services who are

173

severely injured and medically discharged or retired for a period

174

of 1 year after medical discharge or retirement; and

175

3. Members of the uniformed services who die on active duty

176

or as a result of injuries sustained on active duty for a period

177

of 1 year after death.

178

B. This interstate compact applies to local education

179

agencies.

180

C. This compact does not apply to the children of:

181

1. Inactive members of the national guard and military

182

reserves;

183

2. Members of the uniformed services now retired, except as

184

provided in Section A;

185

3. Veterans of the uniformed services, except as provided

186

in Section A; and

187

4. Other United States Department of Defense personnel and

188

other federal agency civilian and contract employees not defined

189

as active-duty members of the uniformed services.

190

ARTICLE IV

191

EDUCATIONAL RECORDS AND ENROLLMENT.--

192

A. If a child's official education records cannot be

193

released to the parents for the purpose of transfer, the

194

custodian of the records in the sending state shall prepare and

195

furnish to the parent a complete set of unofficial educational

196

records containing uniform information as determined by the

197

Interstate Commission. Upon receipt of the unofficial education

198

records by a school in the receiving state, that school shall

199

enroll and appropriately place the student based on the

200

information provided in the unofficial records pending validation

201

by the official records, as quickly as possible.

202

B. Simultaneous with the enrollment and conditional

203

placement of the student, the school in the receiving state shall

204

request the student's official education record from the school

205

in the sending state. Upon receipt of the request, the school in

206

the sending state shall process and furnish the official

207

education records to the school in the receiving state within 10

208

days or within such time as is reasonably determined under the

209

rules adopted by the Interstate Commission.

210

C. Compact states must give 30 days from the date of

211

enrollment or within such time as is reasonably determined under

212

the rules adopted by the Interstate Commission, for students to

213

obtain any immunization required by the receiving state. For a

214

series of immunizations, initial vaccinations must be obtained

215

within 30 days or within such time as is reasonably determined

216

under the rules promulgated by the Interstate Commission.

217

D. Students shall be allowed to continue their enrollment

218

at grade level in the receiving state commensurate with their

219

grade level, including kindergarten, from a local education

220

agency in the sending state at the time of transition, regardless

221

of age. A student who has satisfactorily completed the

222

prerequisite grade level in the local education agency in the

223

sending state is eligible for enrollment in the next highest

224

grade level in the receiving state, regardless of age. A student

225

transferring after the start of the school year in the receiving

226

state shall enter the school in the receiving state on their

227

validated level from an accredited school in the sending state.

228

ARTICLE V

229

PLACEMENT AND ATTENDANCE.--

230

A. If a student transfers before or during the school year,

231

the receiving state school shall initially honor placement of the

232

student in educational courses based on the student's enrollment

233

in the sending state school or educational assessments conducted

234

at the school in the sending state if the courses are offered.

235

Course placement includes, but is not limited to, Honors,

236

International Baccalaureate, Advanced Placement, vocational,

237

technical, and career pathways courses. Continuing the student's

238

academic program from the previous school and promoting placement

239

in academically and career challenging courses should be

240

paramount when considering placement. A school in the receiving

241

state is not precluded from performing subsequent evaluations to

242

ensure appropriate placement and continued enrollment of the

243

student in the courses.

244

B. The receiving state school must initially honor

245

placement of the student in educational programs based on current

246

educational assessments conducted at the school in the sending

247

state or participation or placement in like programs in the

248

sending state. Such programs include, but are not limited to:

249

1. Gifted and talented programs; and

250

2. English as a second language (ESL).

251

252

A school in the receiving state is not precluded from performing

253

subsequent evaluations to ensure appropriate placement and

254

continued enrollment of the student in the courses.

255

C. A receiving state must initially provide comparable

256

services to a student with disabilities based on his or her

257

current individualized education program (IEP) in compliance with

258

the requirements of the Individuals with Disabilities Education

259

Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving state must

260

make reasonable accommodations and modifications to address the

261

needs of incoming students with disabilities, subject to an

262

existing section 504 or title II plan, to provide the student

263

with equal access to education, in compliance with the provisions

264

of Section 504 of the Rehabilitation Act, 29 U.S.C.A. s. 794, and

265

with title II of the Americans with Disabilities Act, 42 U.S.C.

266

ss. 12131-12165. A school in the receiving state is not precluded

267

from performing subsequent evaluations to ensure appropriate

268

placement and continued enrollment of the student in the courses.

269

D. Local education agency administrative officials may

270

waive course or program prerequisites, or other preconditions for

271

placement in courses or programs offered under the jurisdiction

272

of the local education agency.

273

E. A student whose parent or legal guardian is an active-

274

duty member of the uniformed services and has been called to duty

275

for, is on leave from, or immediately returned from deployment

276

to, a combat zone or combat support posting, shall be granted

277

additional excused absences at the discretion of the local

278

education agency superintendent to visit with his or her parent

279

or legal guardian relative to such leave or deployment of the

280

parent or guardian.

281

ARTICLE VI

282

ELIGIBILITY.--

283

A. When considering the eligibility of a child for

284

enrolling in a school:

285

1. A special power of attorney relative to the guardianship

286

of a child of a military family and executed under applicable law

287

is sufficient for the purposes of enrolling the child in school

288

and for all other actions requiring parental participation and

289

consent.

290

2. A local education agency is prohibited from charging

291

local tuition to a transitioning military child placed in the

292

care of a noncustodial parent or other person standing in loco

293

parentis who lives in a school's jurisdiction different from that

294

of the custodial parent.

295

3. A transitioning military child, placed in the care of a

296

noncustodial parent or other person standing in loco parentis who

297

lives in a school's jurisdiction different from that of the

298

custodial parent, may continue to attend the school in which he

299

or she was enrolled while residing with the custodial parent.

300

B. State and local education agencies must facilitate the

301

opportunity for transitioning military children's inclusion in

302

extracurricular activities, regardless of application deadlines,

303

to the extent they are otherwise qualified.

304

ARTICLE VII

305

GRADUATION.--In order to facilitate the on-time graduation

306

of children of military families, states and local education

307

agencies shall incorporate the following procedures:

308

A. Local education agency administrative officials shall

309

waive specific courses required for graduation if similar course

310

work has been satisfactorily completed in another local education

311

agency or shall provide reasonable justification for denial. If a

312

waiver is not granted to a student who would qualify to graduate

313

from the sending school, the local education agency must provide

314

an alternative means of acquiring required coursework so that

315

graduation may occur on time.

316

B. States shall accept exit or end-of-course exams required

317

for graduation from the sending state; national norm-referenced

318

achievement tests; or alternative testing, in lieu of testing

319

requirements for graduation in the receiving state. If these

320

alternatives cannot be accommodated by the receiving state for a

321

student transferring in his or her senior year, then the

322

provisions of Article VII, Section C shall apply.

323

C. If a military student transfers at the beginning or

324

during his or her senior year and is not eligible to graduate

325

from the receiving local education agency after all alternatives

326

have been considered, the sending and receiving local education

327

agencies must ensure the receipt of a diploma from the sending

328

local education agency, if the student meets the graduation

329

requirements of the sending local education agency. If one of the

330

states in question is not a member of this compact, the member

331

state shall use its best efforts to facilitate the on-time

332

graduation of the student in accordance with Sections A and B of

333

this Article.

334

ARTICLE VIII

335

STATE COORDINATION.--Each member state shall, through the

336

creation of a state council or use of an existing body or board,

337

provide for the coordination among its agencies of government,

338

local education agencies, and military installations concerning

339

the state's participation in, and compliance with, this compact

340

and Interstate Commission activities.

341

A. Each member state may determine the membership of its

342

own state council but the membership must include at least: the

343

state superintendent of education, the superintendent of a school

344

district that has a high concentration of military children, a

345

representative from a military installation, one representative

346

each from the legislative and executive branches of government,

347

and other offices and stakeholder groups the state council deems

348

appropriate. A member state that does not have a school district

349

deemed to contain a high concentration of military children may

350

appoint a superintendent from another school district to

351

represent local education agencies on the state council.

352

B. The state council of each member state shall appoint or

353

designate a military family education liaison to assist military

354

families and the state in facilitating the implementation of this

355

compact.

356

C. The compact commissioner responsible for the

357

administration and management of the state's participation in the

358

compact shall be appointed by the Governor or as otherwise

359

determined by each member state.

360

D. The compact commissioner and the military family

361

education liaison shall be ex officio members of the state

362

council, unless either is already a full voting member of the

363

state council.

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ARTICLE IX

365

INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR

366

MILITARY CHILDREN.--The member states hereby create the

367

"Interstate Commission on Educational Opportunity for Military

368

Children." The activities of the Interstate Commission are the

369

formation of public policy and are a discretionary state

370

function. The Interstate Commission shall:

371

A. Be a body corporate and joint agency of the member

372

states and shall have all the responsibilities, powers, and

373

duties set forth herein, and such additional powers as may be

374

conferred upon it by a subsequent concurrent action of the

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respective legislatures of the member states in accordance with

376

the terms of this compact.

377

B. Consist of one Interstate Commission voting

378

representative from each member state who shall be that state's

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compact commissioner.

380

1. Each member state represented at a meeting of the

381

Interstate Commission is entitled to one vote.

382

2. A majority of the total member states shall constitute a

383

quorum for the transaction of business, unless a larger quorum is

384

required by the bylaws of the Interstate Commission.

385

3. A representative shall not delegate a vote to another

386

member state. In the event the compact commissioner is unable to

387

attend a meeting of the Interstate Commission, the Governor or

388

state council may delegate voting authority to another person

389

from their state for a specified meeting.

390

4. The bylaws may provide for meetings of the Interstate

391

Commission to be conducted by telecommunication or electronic

392

communication.

393

C. Consist of ex officio, nonvoting representatives who are

394

members of interested organizations. The ex officio members, as

395

defined in the bylaws, may include, but not be limited to,

396

members of the representative organizations of military family

397

advocates, local education agency officials, parent and teacher

398

groups, the United States Department of Defense, the Education

399

Commission of the States, the Interstate Agreement on the

400

Qualification of Educational Personnel, and other interstate

401

compacts affecting the education of children of military members.

402

D. Meet at least once each calendar year. The chairperson

403

may call additional meetings and, upon the request of a simple

404

majority of the member states, shall call additional meetings.

405

E. Establish an executive committee, whose members shall

406

include the officers of the Interstate Commission and such other

407

members of the Interstate Commission as determined by the bylaws.

408

Members of the executive committee shall serve a 1-year term.

409

Members of the executive committee are entitled to one vote each.

410

The executive committee shall have the power to act on behalf of

411

the Interstate Commission, with the exception of rulemaking,

412

during periods when the Interstate Commission is not in session.

413

The executive committee shall oversee the day-to-day activities

414

of the administration of the compact including enforcement and

415

compliance with the compact, its bylaws and rules, and other such

416

duties as deemed necessary. The United States Department of

417

Defense shall serve as an ex officio, nonvoting member of the

418

executive committee.

419

F. Establish bylaws and rules that provide for conditions

420

and procedures under which the Interstate Commission shall make

421

its information and official records available to the public for

422

inspection or copying. The Interstate Commission may exempt from

423

disclosure information or official records to the extent they

424

would adversely affect personal privacy rights or proprietary

425

interests.

426

G. Give public notice of all meetings and all meetings

427

shall be open to the public, except as set forth in the rules or

428

as otherwise provided in the compact. The Interstate Commission

429

and its committees may close a meeting, or portion thereof, where

430

it determines by two-thirds vote that an open meeting would be

431

likely to:

432

1. Relate solely to the Interstate Commission's internal

433

personnel practices and procedures;

434

2. Disclose matters specifically exempted from disclosure

435

by federal and state statute;

436

3. Disclose trade secrets or commercial or financial

437

information which is privileged or confidential;

438

4. Involve accusing a person of a crime, or formally

439

censuring a person;

440

5. Disclose information of a personal nature where

441

disclosure would constitute a clearly unwarranted invasion of

442

personal privacy;

443

6. Disclose investigative records compiled for law

444

enforcement purposes; or

445

7. Specifically relate to the Interstate Commission's

446

participation in a civil action or other legal proceeding.

447

H. For a meeting, or portion of a meeting, closed pursuant

448

to this provision, the Interstate Commission's legal counsel or

449

designee shall certify that the meeting may be closed and shall

450

reference each relevant exemptible provision. The Interstate

451

Commission shall keep minutes which shall fully and clearly

452

describe all matters discussed in a meeting and shall provide a

453

full and accurate summary of actions taken, and the reasons

454

therefore, including a description of the views expressed and the

455

record of a roll call vote. All documents considered in

456

connection with an action shall be identified in such minutes.

457

All minutes and documents of a closed meeting shall remain under

458

seal, subject to release by a majority vote of the Interstate

459

Commission.

460

I. The Interstate Commission shall collect standardized

461

data concerning the educational transition of the children of

462

military families under this compact as directed through its

463

rules which shall specify the data to be collected, the means of

464

collection and data exchange and reporting requirements. The

465

methods of data collection, exchange and reporting shall, in so

466

far as is reasonably possible, conform to current technology and

467

coordinate its information functions with the appropriate

468

custodian of records as identified in the bylaws and rules.

469

J. The Interstate Commission shall create a procedure that

470

permits military officials, education officials, and parents to

471

inform the Interstate Commission if and when there are alleged

472

violations of the compact or its rules or when issues subject to

473

the jurisdiction of the compact or its rules are not addressed by

474

the state or local education agency. This section does not create

475

a private right of action against the Interstate Commission or

476

any member state.

477

ARTICLE X

478

POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The

479

Interstate Commission has the power to:

480

A. Provide for dispute resolution among member states.

481

B. Adopt rules and take all necessary actions to effect the

482

goals, purposes, and obligations as enumerated in this compact.

483

The rules have the force and effect of statutory law and are

484

binding in the compact states to the extent and in the manner

485

provided in this compact.

486

C. Issue, upon request of a member state, advisory opinions

487

concerning the meaning or interpretation of the interstate

488

compact, its bylaws, rules, and actions.

489

D. Enforce compliance with the compact provisions, the

490

rules adopted by the Interstate Commission, and the bylaws, using

491

all necessary and proper means, including, but not limited to,

492

the use of judicial process.

493

E. Establish and maintain offices that shall be located

494

within one or more of the member states.

495

F. Purchase and maintain insurance and bonds.

496

G. Borrow, accept, hire, or contract for services of

497

personnel.

498

H. Establish and appoint committees, including, but not

499

limited to, an executive committee as required by Article IX,

500

Section E, which shall have the power to act on behalf of the

501

Interstate Commission in carrying out its powers and duties

502

hereunder.

503

I. Elect or appoint such officers, attorneys, employees,

504

agents, or consultants, and to fix their compensation, define

505

their duties, and determine their qualifications; and to

506

establish the Interstate Commission's personnel policies and

507

programs relating to conflicts of interest, rates of

508

compensation, and qualifications of personnel.

509

J. Accept any and all donations and grants of money,

510

equipment, supplies, materials, and services, and to receive,

511

utilize, and dispose of it.

512

K. Lease, purchase, accept contributions or donations of,

513

or otherwise to own, hold, improve, or use any property, real,

514

personal, or mixed.

515

L. Sell, convey, mortgage, pledge, lease, exchange,

516

abandon, or otherwise dispose of any property, real, personal, or

517

mixed.

518

M. Establish a budget and make expenditures.

519

N. Adopt a seal and bylaws governing the management and

520

operation of the Interstate Commission.

521

O. Report annually to the legislatures, governors,

522

judiciary, and state councils of the member states concerning the

523

activities of the Interstate Commission during the preceding

524

year. Such reports shall also include any recommendations that

525

may have been adopted by the Interstate Commission.

526

P. Coordinate education, training, and public awareness

527

regarding the compact, its implementation, and operation for

528

officials and parents involved in such activity.

529

Q. Establish uniform standards for the reporting,

530

collecting, and exchanging of data.

531

R. Maintain corporate books and records in accordance with

532

the bylaws.

533

S. Perform such functions as may be necessary or

534

appropriate to achieve the purposes of this compact.

535

T. Provide for the uniform collection and sharing of

536

information between and among member states, schools, and

537

military families under this compact.

538

ARTICLE XI

539

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--

540

A. The Interstate Commission shall, by a majority of the

541

members present and voting, within 12 months after the first

542

Interstate Commission meeting, adopt bylaws to govern its conduct

543

as may be necessary or appropriate to carry out the purposes of

544

the compact, including, but not limited to:

545

1. Establishing the fiscal year of the Interstate

546

Commission;

547

2. Establishing an executive committee and such other

548

committees as may be necessary;

549

3. Providing for the establishment of committees and for

550

governing any general or specific delegation of authority or

551

function of the Interstate Commission;

552

4. Providing reasonable procedures for calling and

553

conducting meetings of the Interstate Commission and ensuring

554

reasonable notice of each such meeting;

555

5. Establishing the titles and responsibilities of the

556

officers and staff of the Interstate Commission;

557

6. Providing a mechanism for concluding the operations of

558

the Interstate Commission and the return of surplus funds that

559

may exist upon the termination of the compact after the payment

560

and reserving of all of its debts and obligations.

561

7. Providing "start up" rules for initial administration of

562

the compact.

563

B. The Interstate Commission shall, by a majority of the

564

members, elect annually from among its members a chairperson, a

565

vice chairperson, and a treasurer, each of whom shall have such

566

authority and duties as may be specified in the bylaws. The

567

chairperson or, in the chairperson's absence or disability, the

568

vice chairperson, shall preside at all meetings of the Interstate

569

Commission. The officers so elected shall serve without

570

compensation or remuneration from the Interstate Commission;

571

provided that, subject to the availability of budgeted funds, the

572

officers shall be reimbursed for ordinary and necessary costs and

573

expenses incurred by them in the performance of their

574

responsibilities as officers of the Interstate Commission.

575

C. The executive committee has the authority and duties as

576

may be set forth in the bylaws, including, but not limited to:

577

1. Managing the affairs of the Interstate Commission in a

578

manner consistent with the bylaws and purposes of the Interstate

579

Commission;

580

2. Overseeing an organizational structure within, and

581

appropriate procedures for the Interstate Commission to provide

582

for the adoption of rules, operating procedures, and

583

administrative and technical support functions; and

584

3. Planning, implementing, and coordinating communications

585

and activities with other state, federal, and local government

586

organizations in order to advance the goals of the Interstate

587

Commission.

588

D. The executive committee may, subject to the approval of

589

the Interstate Commission, appoint or retain an executive

590

director for such period, upon such terms and conditions and for

591

such compensation, as the Interstate Commission may deem

592

appropriate. The executive director shall serve as secretary to

593

the Interstate Commission, but is not a member of the Interstate

594

Commission. The executive director shall hire and supervise such

595

other persons as may be authorized by the Interstate Commission.

596

E. The Interstate Commission's executive director and its

597

employees are immune from suit and liability, either personally

598

or in their official capacity, for a claim for damage to or loss

599

of property or personal injury or other civil liability caused or

600

arising out of, or relating to, an actual or alleged act, error,

601

or omission that occurred, or that such person had a reasonable

602

basis for believing occurred, within the scope of Interstate

603

Commission employment, duties, or responsibilities, provided that

604

the person is not protected from suit or liability for damage,

605

loss, injury, or liability caused by the intentional or willful

606

and wanton misconduct of the person.

607

1. The liability of the Interstate Commission's executive

608

director and employees or Interstate Commission representatives,

609

acting within the scope of the person's employment or duties for

610

acts, errors, or omissions occurring within the person's state

611

may not exceed the limits of liability set forth under the

612

constitution and laws of that state for state officials,

613

employees, and agents. The Interstate Commission is considered to

614

be an instrumentality of the states for the purposes of any such

615

action. This subsection does not protect the person from suit or

616

liability for damage, loss, injury, or liability caused by the

617

intentional or willful and wanton misconduct of the person.

618

2. The Interstate Commission shall defend the executive

619

director and its employees and, subject to the approval of the

620

Attorney General or other appropriate legal counsel of the member

621

state represented by an Interstate Commission representative,

622

shall defend an Interstate Commission representative in any civil

623

action seeking to impose liability arising out of an actual or

624

alleged act, error, or omission that occurred within the scope of

625

Interstate Commission employment, duties, or responsibilities, or

626

that the defendant had a reasonable basis for believing occurred

627

within the scope of Interstate Commission employment, duties, or

628

responsibilities, provided that the actual or alleged act, error,

629

or omission did not result from intentional or willful and wanton

630

misconduct on the part of the person.

631

3. To the extent not covered by the state involved, a

632

member state, the Interstate Commission, and the representatives

633

or employees of the Interstate Commission shall be held harmless

634

in the amount of a settlement or judgment, including attorney's

635

fees and costs, obtained against a person arising out of an

636

actual or alleged act, error, or omission that occurred within

637

the scope of Interstate Commission employment, duties, or

638

responsibilities, or that the person had a reasonable basis for

639

believing occurred within the scope of Interstate Commission

640

employment, duties, or responsibilities, provided that the actual

641

or alleged act, error, or omission did not result from

642

intentional or willful and wanton misconduct on the part of the

643

person.

644

ARTICLE XII

645

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--The

646

Interstate Commission shall adopt rules to effectively and

647

efficiently implement this act to achieve the purposes of this

648

compact.

649

A. If the Interstate Commission exercises its rulemaking

650

authority in a manner that is beyond the scope of the purposes of

651

this act, or the powers granted hereunder, the action undertaken

652

by the Interstate Commission is invalid and has no force or

653

effect.

654

B. Rules must be adopted pursuant to a rulemaking process

655

that substantially conforms to the "Model State Administrative

656

Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.

657

1 (2000) as amended, as may be appropriate to the operations of

658

the Interstate Commission.

659

C. No later than 30 days after a rule is adopted, a person

660

may file a petition for judicial review of the rule. The filing

661

of the petition does not stay, or otherwise prevent the rule from

662

becoming effective, unless a court finds that the petitioner has

663

a substantial likelihood of success on the merits of the

664

petition. The court shall give deference to the actions of the

665

Interstate Commission consistent with applicable law and shall

666

not find the rule to be unlawful if the rule represents a

667

reasonable exercise of the Interstate Commission's authority.

668

D. If a majority of the legislatures of the compacting

669

states rejects a rule by enactment of a statute or resolution in

670

the same manner used to adopt the compact, then the rule is

671

invalid and has no further force and effect in any compacting

672

state.

673

ARTICLE XIII

674

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.--

675

A. The executive, legislative, and judicial branches of

676

state government in each member state shall enforce this compact

677

and shall take all actions necessary and appropriate to

678

effectuate the compact's purposes and intent. The provisions of

679

this compact and the rules adopted under it have the force and

680

effect of statutory law.

681

B. All courts shall take judicial notice of the compact and

682

its adopted rules in any judicial or administrative proceeding in

683

a member state pertaining to the subject matter of this compact

684

which may affect the powers, responsibilities, or actions of the

685

Interstate Commission.

686

C. The Interstate Commission is entitled to receive all

687

service of process in any such proceeding, and has standing to

688

intervene in the proceeding for all purposes. Failure to provide

689

service of process to the Interstate Commission renders a

690

judgment or order void as to the Interstate Commission, this

691

compact, or its adopted rules.

692

D. If the Interstate Commission determines that a member

693

state has defaulted in the performance of its obligations or

694

responsibilities under this compact, or the bylaws or the adopted

695

rules, the Interstate Commission shall:

696

1. Provide written notice to the defaulting state and other

697

member states, of the nature of the default, the means of curing

698

the default, and any action taken by the Interstate Commission.

699

The Interstate Commission must specify the conditions by which

700

the defaulting state must cure its default.

701

2. Provide remedial training and specific technical

702

assistance regarding the default.

703

3. If the defaulting state fails to cure the default,

704

terminate the defaulting state from the compact upon an

705

affirmative vote of a majority of the member states and all

706

rights, privileges, and benefits conferred by this compact shall

707

be terminated from the effective date of termination. A cure of

708

the default does not relieve the offending state of obligations

709

or liabilities incurred during the period of the default.

710

E. Suspension or termination of membership in the compact

711

may not be imposed on a member until all other means of securing

712

compliance have been exhausted. Notice of the intent to suspend

713

or terminate membership must be given by the Interstate

714

Commission to the Governor, the majority and minority leaders of

715

the defaulting state's legislature, and each of the member

716

states.

717

F. A state that has been suspended or terminated is

718

responsible for all assessments, obligations, and liabilities

719

incurred through the effective date of suspension or termination

720

including obligations, the performance of which extends beyond

721

the effective date of suspension or termination.

722

G. The remaining member states of the Interstate Commission

723

do not bear any costs arising from a state that has been found to

724

be in default or that has been suspended or terminated from the

725

compact, unless otherwise mutually agreed upon in writing between

726

the Interstate Commission and the defaulting state.

727

H. A defaulting state may appeal the action of the

728

Interstate Commission by petitioning the United States District

729

Court for the District of Columbia or the federal district where

730

the Interstate Commission has its principal offices. The

731

prevailing party shall be awarded all costs of such litigation

732

including reasonable attorney's fees.

733

I. The Interstate Commission shall attempt, upon the

734

request of a member state, to resolve disputes that are subject

735

to the compact and that may arise among member states and between

736

member and nonmember states. The Interstate Commission shall

737

promulgate a rule providing for both mediation and binding

738

dispute resolution for disputes as appropriate.

739

1. The Interstate Commission, in the reasonable exercise of

740

its discretion, shall enforce the provisions and rules of this

741

compact.

742

2. The Interstate Commission may, by majority vote of the

743

members, initiate legal action in the United States District

744

Court for the District of Columbia or, at the discretion of the

745

Interstate Commission, in the federal district where the

746

Interstate Commission has its principal offices, to enforce

747

compliance with the provisions of the compact, or its promulgated

748

rules and bylaws, against a member state in default. The relief

749

sought may include both injunctive relief and damages. In the

750

event judicial enforcement is necessary, the prevailing party

751

shall be awarded all costs of such litigation, including

752

reasonable attorney's fees.

753

3. The remedies herein are not the exclusive remedies of

754

the Interstate Commission. The Interstate Commission may avail

755

itself of any other remedies available under state law or the

756

regulation of a profession.

757

ARTICLE XIV

758

FINANCING OF THE INTERSTATE COMMISSION.--

759

A. The Interstate Commission shall pay, or provide for the

760

payment of, the reasonable expenses of its establishment,

761

organization, and ongoing activities.

762

B. The Interstate Commission may levy on and collect an

763

annual assessment from each member state to cover the cost of the

764

operations and activities of the Interstate Commission and its

765

staff which must be in a total amount sufficient to cover the

766

Interstate Commission's annual budget as approved each year. The

767

aggregate annual assessment amount shall be allocated based upon

768

a formula to be determined by the Interstate Commission, which

769

shall adopt a rule binding upon all member states.

770

C. The Interstate Commission may not incur any obligation

771

of any kind before securing the funds adequate to meet the

772

obligation and the Interstate Commission may not pledge the

773

credit of any of the member states, except by and with the

774

permission of the member state.

775

D. The Interstate Commission shall keep accurate accounts

776

of all receipts and disbursements. The receipts and disbursements

777

of the Interstate Commission are subject to audit and accounting

778

procedures established under its bylaws. However, all receipts

779

and disbursements of funds handled by the Interstate Commission

780

shall be audited yearly by a certified or licensed public

781

accountant and the report of the audit shall be included in and

782

become part of the annual report of the Interstate Commission.

783

ARTICLE XV

784

MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.--

785

A. Any state is eligible to become a member state.

786

B. The compact shall take effect and be binding upon

787

legislative enactment of the compact into law by not less than 10

788

of the states. The effective date shall be no earlier than

789

December 1, 2007. Thereafter, it shall become effective and

790

binding as to any other member state upon enactment of the

791

compact into law by that state. The governors of nonmember states

792

or their designees shall be invited to participate in the

793

activities of the Interstate Commission on a nonvoting basis

794

before adoption of the compact by all states.

795

C. The Interstate Commission may propose amendments to the

796

compact for enactment by the member states. An amendment does not

797

become effective and binding upon the Interstate Commission and

798

the member states until the amendment is enacted into law by

799

unanimous consent of the member states.

800

ARTICLE XVI

801

WITHDRAWAL AND DISSOLUTION.--

802

A. Once in effect, the compact continues in force and

803

remains binding upon each and every member state, provided that a

804

member state may withdraw from the compact, specifically

805

repealing the statute that enacted the compact into law.

806

1. Withdrawal from the compact occurs when a statute

807

repealing its membership is enacted by the state, but does not

808

take effect until 1 year after the effective date of the statute

809

and until written notice of the withdrawal has been given by the

810

withdrawing state to the Governor of each other member state.

811

2. The withdrawing state must immediately notify the

812

chairperson of the Interstate Commission in writing upon the

813

introduction of legislation repealing this compact in the

814

withdrawing state. The Interstate Commission shall notify the

815

other member states of the withdrawing state's intent to withdraw

816

within 60 days after its receipt thereof.

817

3. A withdrawing state is responsible for all assessments,

818

obligations, and liabilities incurred through the effective date

819

of withdrawal, including obligations, the performance of which

820

extend beyond the effective date of withdrawal.

821

4. Reinstatement following withdrawal of a member state

822

shall occur upon the withdrawing state reenacting the compact or

823

upon such later date as determined by the Interstate Commission.

824

B. This compact shall dissolve effective upon the date of

825

the withdrawal or default of the member state which reduces the

826

membership in the compact to one member state.

827

C. Upon the dissolution of this compact, the compact

828

becomes void and has no further force or effect, and the business

829

and affairs of the Interstate Commission shall be concluded and

830

surplus funds shall be distributed in accordance with the bylaws.

831

ARTICLE XVII

832

SEVERABILITY AND CONSTRUCTION.--

833

A. The provisions of this compact shall be severable, and

834

if any phrase, clause, sentence, or provision is deemed

835

unenforceable, the remaining provisions of the compact shall be

836

enforceable.

837

B. The provisions of this compact shall be liberally

838

construed to effectuate its purposes.

839

C. This compact does not prohibit the applicability of

840

other interstate compacts to which the states are members.

841

ARTICLE XVIII

842

BINDING EFFECT OF COMPACT AND OTHER LAWS.--

843

A. This compact does not prevent the enforcement of any

844

other law of a member state that is not inconsistent with this

845

compact.

846

B. All member states' laws conflicting with this compact

847

are superseded to the extent of the conflict.

848

C. All lawful actions of the Interstate Commission,

849

including all rules and bylaws promulgated by the Interstate

850

Commission, are binding upon the member states.

851

D. All agreements between the Interstate Commission and the

852

member states are binding in accordance with their terms.

853

E. If any part of this compact exceeds the constitutional

854

limits imposed on the Legislature of any member state, the

855

provision shall be ineffective to the extent of the conflict with

856

the constitutional provision in question in that member state.

857

Section 2. Section 1000.37, Florida Statutes, is created to

858

read:

859

1000.37 Copies to other states approving.--After the

860

effective date of this act, the Secretary of State shall furnish

861

to each of the states approving the Interstate Compact on

862

Educational Opportunity for Military Children an enrolled copy of

863

this act.

864

Section 3. This act shall take effect July 1, 2008.

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