Florida Senate - 2008 CS for SB 2546

By the Committee on Education Pre-K - 12; and Senators Storms, Baker, Diaz de la Portilla, Alexander, Fasano, Villalobos, Bennett, Constantine, Crist, Dean, Gaetz and Wise

581-05906A-08 20082546c1

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; creating s. 1000.38, F.S.; authorizing the

Governor to designate a Compact Commissioner and Military

Family Education Liaison; creating duties and

responsibilities; creating s. 1000.39, F.S.; creating the

State Advisory Council for the Interstate Compact on

Educational Opportunity for Military Children; providing a

purpose; requiring the council to make specified

recommendations; providing membership; providing terms for

certain members; prohibiting compensation for members,

except reimbursement for per diem and travel expenses;

providing for records and open meetings; requiring the

Department of Education to provide administrative support;

prescribing procedures if the council is abolished;

providing for future legislative review and repeal of ss.

1000.36, 1000.37, 1000.38, and 1000.39, F.S.; providing a

contingent 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.

100

C. "Compact commissioner" means the voting representative

101

of each compacting state appointed under Article VIII of this

102

compact.

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D. "Deployment" means the period 1 month before the service

104

members' departure from their home station on military orders

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through 6 months after return to their home station.

106

E. "Educational records" or "education records" means

107

those official records, files, and data directly related to a

108

student and maintained by the school or local education agency,

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including, but not limited to, records encompassing all the

110

material kept in the student's cumulative folder such as general

111

identifying data, records of attendance and of academic work

112

completed, records of achievement and results of evaluative

113

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

114

individualized education programs.

115

F. "Extracurricular activities" means a voluntary activity

116

sponsored by the school or local education agency or an

117

organization sanctioned by the local education agency.

118

Extracurricular activities include, but are not limited to,

119

preparation for and involvement in, public performances,

120

contests, athletic competitions, demonstrations, displays, and

121

club activities.

122

G. "Interstate Commission on Educational Opportunity for

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Military Children" means the commission that is created under

124

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

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Interstate Commission.

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H. "Local education agency" means a public authority

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legally constituted by the state as an administrative agency to

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

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grade public educational institutions.

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

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compact.

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

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

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activity under the jurisdiction of the Department of Defense,

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

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several states, the District of Columbia, the Commonwealth of

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

138

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

139

Territory. The term does not include any facility used primarily

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

141

projects.

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

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this compact.

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

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

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brought.

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

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Commission adopted under Article XII of this compact which is of

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general applicability, implements, interprets, or prescribes a

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policy or provision of the compact, or an organizational,

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procedural, or practice requirement of the Interstate Commission,

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

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

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rule.

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

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

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brought.

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

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

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Virgin Islands, Guam, American Samoa, the Northern Marianas

161

Islands, and any other United States Territory.

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

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the local education agency receives public funding and who is

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formally enrolled in kindergarten through 12th grade.

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Q. "Transition" means:

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1. The formal and physical process of transferring from

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school to school; or

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

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school in the sending state to another school in the receiving

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state.

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

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

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the National Oceanic and Atmospheric Administration, and Public

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Health Services.

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

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services and who was discharged or released there from under

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conditions other than dishonorable.

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ARTICLE III

179

APPLICABILITY.--

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

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applies to the children of:

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1. Active duty members of the uniformed services, including

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

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

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2. Members or veterans of the uniformed services who are

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severely injured and medically discharged or retired for a period

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of 1 year after medical discharge or retirement; and

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

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

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of 1 year after death.

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B. This interstate compact applies to local education

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agencies.

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

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1. Inactive members of the national guard and military

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reserves;

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

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provided in Section A;

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3. Veterans of the uniformed services, except as provided

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in Section A; and

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4. Other United States Department of Defense personnel and

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other federal agency civilian and contract employees not defined

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as active-duty members of the uniformed services.

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ARTICLE IV

204

EDUCATIONAL RECORDS AND ENROLLMENT.--

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

206

released to the parents for the purpose of transfer, the

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custodian of the records in the sending state shall prepare and

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furnish to the parent a complete set of unofficial educational

209

records containing uniform information as determined by the

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Interstate Commission. Upon receipt of the unofficial education

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

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enroll and appropriately place the student based on the

213

information provided in the unofficial records pending validation

214

by the official records, as quickly as possible.

215

B. Simultaneous with the enrollment and conditional

216

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

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request the student's official education record from the school

218

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

219

the sending state shall process and furnish the official

220

education records to the school in the receiving state within 10

221

days or within such time as is reasonably determined under the

222

rules adopted by the Interstate Commission.

223

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

224

enrollment or within such time as is reasonably determined under

225

the rules adopted by the Interstate Commission, for students to

226

obtain any immunization required by the receiving state. For a

227

series of immunizations, initial vaccinations must be obtained

228

within 30 days or within such time as is reasonably determined

229

under the rules promulgated by the Interstate Commission.

230

D. Students shall be allowed to continue their enrollment

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at grade level in the receiving state commensurate with their

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grade level, including kindergarten, from a local education

233

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

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of age. A student who has satisfactorily completed the

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prerequisite grade level in the local education agency in the

236

sending state is eligible for enrollment in the next highest

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

238

transferring after the start of the school year in the receiving

239

state shall enter the school in the receiving state on their

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validated level from an accredited school in the sending state.

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ARTICLE V

242

PLACEMENT AND ATTENDANCE.--

243

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

244

the receiving state school shall initially honor placement of the

245

student in educational courses based on the student's enrollment

246

in the sending state school or educational assessments conducted

247

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

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

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International Baccalaureate, Advanced Placement, vocational,

250

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

251

academic program from the previous school and promoting placement

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in academically and career challenging courses should be

253

paramount when considering placement. A school in the receiving

254

state is not precluded from performing subsequent evaluations to

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ensure appropriate placement and continued enrollment of the

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student in the courses.

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B. The receiving state school must initially honor

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placement of the student in educational programs based on current

259

educational assessments conducted at the school in the sending

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state or participation or placement in like programs in the

261

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

262

1. Gifted and talented programs; and

263

2. English as a second language (ESL).

264

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A school in the receiving state is not precluded from performing

266

subsequent evaluations to ensure appropriate placement and

267

continued enrollment of the student in the courses.

268

C. A receiving state must initially provide comparable

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services to a student with disabilities based on his or her

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current individualized education program (IEP) in compliance with

271

the requirements of the Individuals with Disabilities Education

272

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

273

make reasonable accommodations and modifications to address the

274

needs of incoming students with disabilities, subject to an

275

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

276

with equal access to education, in compliance with the provisions

277

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

278

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

279

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

280

from performing subsequent evaluations to ensure appropriate

281

placement and continued enrollment of the student in the courses.

282

D. Local education agency administrative officials may

283

waive course or program prerequisites, or other preconditions for

284

placement in courses or programs offered under the jurisdiction

285

of the local education agency.

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

287

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

288

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

289

a combat zone or combat support posting, shall be granted

290

additional excused absences at the discretion of the local

291

education agency superintendent to visit with his or her parent

292

or legal guardian relative to such leave or deployment of the

293

parent or guardian.

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ARTICLE VI

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ELIGIBILITY.--

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A. When considering the eligibility of a child for

297

enrolling in a school:

298

1. A special power of attorney relative to the guardianship

299

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

300

is sufficient for the purposes of enrolling the child in school

301

and for all other actions requiring parental participation and

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consent.

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2. A local education agency is prohibited from charging

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local tuition to a transitioning military child placed in the

305

care of a noncustodial parent or other person standing in loco

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

307

of the custodial parent.

308

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

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noncustodial parent or other person standing in loco parentis who

310

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

311

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

312

or she was enrolled while residing with the custodial parent.

313

B. State and local education agencies must facilitate the

314

opportunity for transitioning military children's inclusion in

315

extracurricular activities, regardless of application deadlines,

316

to the extent they are otherwise qualified.

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ARTICLE VII

318

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

319

of children of military families, states and local education

320

agencies shall incorporate the following procedures:

321

A. Local education agency administrative officials shall

322

waive specific courses required for graduation if similar course

323

work has been satisfactorily completed in another local education

324

agency or shall provide reasonable justification for denial. If a

325

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

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from the sending school, the local education agency must provide

327

an alternative means of acquiring required coursework so that

328

graduation may occur on time.

329

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

330

for graduation from the sending state; national norm-referenced

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achievement tests; or alternative testing, in lieu of testing

332

requirements for graduation in the receiving state. If these

333

alternatives cannot be accommodated by the receiving state for a

334

student transferring in his or her senior year, then the

335

provisions of Article VII, Section C shall apply.

336

C. If a military student transfers at the beginning or

337

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

338

from the receiving local education agency after all alternatives

339

have been considered, the sending and receiving local education

340

agencies must ensure the receipt of a diploma from the sending

341

local education agency, if the student meets the graduation

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

343

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

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

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

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this Article.

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ARTICLE VIII

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

349

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

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provide for the coordination among its agencies of government,

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local education agencies, and military installations concerning

352

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

353

and Interstate Commission activities.

354

A. Each member state may determine the membership of its

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

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state superintendent of education, the superintendent of a school

357

district that has a high concentration of military children, a

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representative from a military installation, one representative

359

each from the legislative and executive branches of government,

360

and other offices and stakeholder groups the state council deems

361

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

362

deemed to contain a high concentration of military children may

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appoint a superintendent from another school district to

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represent local education agencies on the state council.

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

366

designate a military family education liaison to assist military

367

families and the state in facilitating the implementation of this

368

compact.

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C. The compact commissioner responsible for the

370

administration and management of the state's participation in the

371

compact shall be appointed by the Governor or as otherwise

372

determined by each member state.

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D. The compact commissioner and the military family

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education liaison shall be ex officio members of the state

375

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

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state council.

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ARTICLE IX

378

INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR

379

MILITARY CHILDREN.--The member states hereby create the

380

"Interstate Commission on Educational Opportunity for Military

381

Children." The activities of the Interstate Commission are the

382

formation of public policy and are a discretionary state

383

function. The Interstate Commission shall:

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

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states and shall have all the responsibilities, powers, and

386

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

387

conferred upon it by a subsequent concurrent action of the

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respective legislatures of the member states in accordance with

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the terms of this compact.

390

B. Consist of one Interstate Commission voting

391

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

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compact commissioner.

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1. Each member state represented at a meeting of the

394

Interstate Commission is entitled to one vote.

395

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

396

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

397

required by the bylaws of the Interstate Commission.

398

3. A representative shall not delegate a vote to another

399

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

400

attend a meeting of the Interstate Commission, the Governor or

401

state council may delegate voting authority to another person

402

from their state for a specified meeting.

403

4. The bylaws may provide for meetings of the Interstate

404

Commission to be conducted by telecommunication or electronic

405

communication.

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C. Consist of ex officio, nonvoting representatives who are

407

members of interested organizations. The ex officio members, as

408

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

409

members of the representative organizations of military family

410

advocates, local education agency officials, parent and teacher

411

groups, the United States Department of Defense, the Education

412

Commission of the States, the Interstate Agreement on the

413

Qualification of Educational Personnel, and other interstate

414

compacts affecting the education of children of military members.

415

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

416

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

417

majority of the member states, shall call additional meetings.

418

E. Establish an executive committee, whose members shall

419

include the officers of the Interstate Commission and such other

420

members of the Interstate Commission as determined by the bylaws.

421

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

422

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

423

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

424

the Interstate Commission, with the exception of rulemaking,

425

during periods when the Interstate Commission is not in session.

426

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

427

of the administration of the compact including enforcement and

428

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

429

duties as deemed necessary. The United States Department of

430

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

431

executive committee.

432

F. Establish bylaws and rules that provide for conditions

433

and procedures under which the Interstate Commission shall make

434

its information and official records available to the public for

435

inspection or copying. The Interstate Commission may exempt from

436

disclosure information or official records to the extent they

437

would adversely affect personal privacy rights or proprietary

438

interests.

439

G. Give public notice of all meetings and all meetings

440

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

441

as otherwise provided in the compact. The Interstate Commission

442

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

443

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

444

likely to:

445

1. Relate solely to the Interstate Commission's internal

446

personnel practices and procedures;

447

2. Disclose matters specifically exempted from disclosure

448

by federal and state statute;

449

3. Disclose trade secrets or commercial or financial

450

information which is privileged or confidential;

451

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

452

censuring a person;

453

5. Disclose information of a personal nature where

454

disclosure would constitute a clearly unwarranted invasion of

455

personal privacy;

456

6. Disclose investigative records compiled for law

457

enforcement purposes; or

458

7. Specifically relate to the Interstate Commission's

459

participation in a civil action or other legal proceeding.

460

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

461

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

462

designee shall certify that the meeting may be closed and shall

463

reference each relevant exemptible provision. The Interstate

464

Commission shall keep minutes which shall fully and clearly

465

describe all matters discussed in a meeting and shall provide a

466

full and accurate summary of actions taken, and the reasons

467

therefore, including a description of the views expressed and the

468

record of a roll call vote. All documents considered in

469

connection with an action shall be identified in such minutes.

470

All minutes and documents of a closed meeting shall remain under

471

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

472

Commission.

473

I. The Interstate Commission shall collect standardized

474

data concerning the educational transition of the children of

475

military families under this compact as directed through its

476

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

477

collection and data exchange and reporting requirements. The

478

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

479

far as is reasonably possible, conform to current technology and

480

coordinate its information functions with the appropriate

481

custodian of records as identified in the bylaws and rules.

482

J. The Interstate Commission shall create a procedure that

483

permits military officials, education officials, and parents to

484

inform the Interstate Commission if and when there are alleged

485

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

486

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

487

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

488

a private right of action against the Interstate Commission or

489

any member state.

490

ARTICLE X

491

POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The

492

Interstate Commission has the power to:

493

A. Provide for dispute resolution among member states.

494

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

495

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

496

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

497

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

498

provided in this compact.

499

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

500

concerning the meaning or interpretation of the interstate

501

compact, its bylaws, rules, and actions.

502

D. Enforce compliance with the compact provisions, the

503

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

504

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

505

the use of judicial process.

506

E. Establish and maintain offices that shall be located

507

within one or more of the member states.

508

F. Purchase and maintain insurance and bonds.

509

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

510

personnel.

511

H. Establish and appoint committees, including, but not

512

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

513

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

514

Interstate Commission in carrying out its powers and duties

515

hereunder.

516

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

517

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

518

their duties, and determine their qualifications; and to

519

establish the Interstate Commission's personnel policies and

520

programs relating to conflicts of interest, rates of

521

compensation, and qualifications of personnel.

522

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

523

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

524

utilize, and dispose of it.

525

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

526

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

527

personal, or mixed.

528

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

529

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

530

mixed.

531

M. Establish a budget and make expenditures.

532

N. Adopt a seal and bylaws governing the management and

533

operation of the Interstate Commission.

534

O. Report annually to the legislatures, governors,

535

judiciary, and state councils of the member states concerning the

536

activities of the Interstate Commission during the preceding

537

year. Such reports shall also include any recommendations that

538

may have been adopted by the Interstate Commission.

539

P. Coordinate education, training, and public awareness

540

regarding the compact, its implementation, and operation for

541

officials and parents involved in such activity.

542

Q. Establish uniform standards for the reporting,

543

collecting, and exchanging of data.

544

R. Maintain corporate books and records in accordance with

545

the bylaws.

546

S. Perform such functions as may be necessary or

547

appropriate to achieve the purposes of this compact.

548

T. Provide for the uniform collection and sharing of

549

information between and among member states, schools, and

550

military families under this compact.

551

ARTICLE XI

552

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--

553

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

554

members present and voting, within 12 months after the first

555

Interstate Commission meeting, adopt bylaws to govern its conduct

556

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

557

the compact, including, but not limited to:

558

1. Establishing the fiscal year of the Interstate

559

Commission;

560

2. Establishing an executive committee and such other

561

committees as may be necessary;

562

3. Providing for the establishment of committees and for

563

governing any general or specific delegation of authority or

564

function of the Interstate Commission;

565

4. Providing reasonable procedures for calling and

566

conducting meetings of the Interstate Commission and ensuring

567

reasonable notice of each such meeting;

568

5. Establishing the titles and responsibilities of the

569

officers and staff of the Interstate Commission;

570

6. Providing a mechanism for concluding the operations of

571

the Interstate Commission and the return of surplus funds that

572

may exist upon the termination of the compact after the payment

573

and reserving of all of its debts and obligations.

574

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

575

the compact.

576

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

577

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

578

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

579

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

580

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

581

vice chairperson, shall preside at all meetings of the Interstate

582

Commission. The officers so elected shall serve without

583

compensation or remuneration from the Interstate Commission;

584

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

585

officers shall be reimbursed for ordinary and necessary costs and

586

expenses incurred by them in the performance of their

587

responsibilities as officers of the Interstate Commission.

588

C. The executive committee has the authority and duties as

589

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

590

1. Managing the affairs of the Interstate Commission in a

591

manner consistent with the bylaws and purposes of the Interstate

592

Commission;

593

2. Overseeing an organizational structure within, and

594

appropriate procedures for the Interstate Commission to provide

595

for the adoption of rules, operating procedures, and

596

administrative and technical support functions; and

597

3. Planning, implementing, and coordinating communications

598

and activities with other state, federal, and local government

599

organizations in order to advance the goals of the Interstate

600

Commission.

601

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

602

the Interstate Commission, appoint or retain an executive

603

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

604

such compensation, as the Interstate Commission may deem

605

appropriate. The executive director shall serve as secretary to

606

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

607

Commission. The executive director shall hire and supervise such

608

other persons as may be authorized by the Interstate Commission.

609

E. The Interstate Commission's executive director and its

610

employees are immune from suit and liability, either personally

611

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

612

of property or personal injury or other civil liability caused or

613

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

614

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

615

basis for believing occurred, within the scope of Interstate

616

Commission employment, duties, or responsibilities, provided that

617

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

618

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

619

and wanton misconduct of the person.

620

1. The liability of the Interstate Commission's executive

621

director and employees or Interstate Commission representatives,

622

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

623

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

624

may not exceed the limits of liability set forth under the

625

constitution and laws of that state for state officials,

626

employees, and agents. The Interstate Commission is considered to

627

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

628

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

629

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

630

intentional or willful and wanton misconduct of the person.

631

2. The Interstate Commission shall defend the executive

632

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

633

Attorney General or other appropriate legal counsel of the member

634

state represented by an Interstate Commission representative,

635

shall defend an Interstate Commission representative in any civil

636

action seeking to impose liability arising out of an actual or

637

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

638

Interstate Commission employment, duties, or responsibilities, or

639

that the defendant had a reasonable basis for believing occurred

640

within the scope of Interstate Commission employment, duties, or

641

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

642

or omission did not result from intentional or willful and wanton

643

misconduct on the part of the person.

644

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

645

member state, the Interstate Commission, and the representatives

646

or employees of the Interstate Commission shall be held harmless

647

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

648

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

649

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

650

the scope of Interstate Commission employment, duties, or

651

responsibilities, or that the person had a reasonable basis for

652

believing occurred within the scope of Interstate Commission

653

employment, duties, or responsibilities, provided that the actual

654

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

655

intentional or willful and wanton misconduct on the part of the

656

person.

657

ARTICLE XII

658

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--The

659

Interstate Commission shall adopt rules to effectively and

660

efficiently implement this act to achieve the purposes of this

661

compact.

662

A. If the Interstate Commission exercises its rulemaking

663

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

664

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

665

by the Interstate Commission is invalid and has no force or

666

effect.

667

B. Rules must be adopted pursuant to a rulemaking process

668

that substantially conforms to the "Model State Administrative

669

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

670

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

671

the Interstate Commission.

672

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

673

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

674

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

675

becoming effective, unless a court finds that the petitioner has

676

a substantial likelihood of success on the merits of the

677

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

678

Interstate Commission consistent with applicable law and shall

679

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

680

reasonable exercise of the Interstate Commission's authority.

681

D. If a majority of the legislatures of the compacting

682

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

683

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

684

invalid and has no further force and effect in any compacting

685

state.

686

ARTICLE XIII

687

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.--

688

A. The executive, legislative, and judicial branches of

689

state government in each member state shall enforce this compact

690

and shall take all actions necessary and appropriate to

691

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

692

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

693

effect of statutory law.

694

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

695

its adopted rules in any judicial or administrative proceeding in

696

a member state pertaining to the subject matter of this compact

697

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

698

Interstate Commission.

699

C. The Interstate Commission is entitled to receive all

700

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

701

intervene in the proceeding for all purposes. Failure to provide

702

service of process to the Interstate Commission renders a

703

judgment or order void as to the Interstate Commission, this

704

compact, or its adopted rules.

705

D. If the Interstate Commission determines that a member

706

state has defaulted in the performance of its obligations or

707

responsibilities under this compact, or the bylaws or the adopted

708

rules, the Interstate Commission shall:

709

1. Provide written notice to the defaulting state and other

710

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

711

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

712

The Interstate Commission must specify the conditions by which

713

the defaulting state must cure its default.

714

2. Provide remedial training and specific technical

715

assistance regarding the default.

716

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

717

terminate the defaulting state from the compact upon an

718

affirmative vote of a majority of the member states and all

719

rights, privileges, and benefits conferred by this compact shall

720

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

721

the default does not relieve the offending state of obligations

722

or liabilities incurred during the period of the default.

723

E. Suspension or termination of membership in the compact

724

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

725

compliance have been exhausted. Notice of the intent to suspend

726

or terminate membership must be given by the Interstate

727

Commission to the Governor, the majority and minority leaders of

728

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

729

states.

730

F. A state that has been suspended or terminated is

731

responsible for all assessments, obligations, and liabilities

732

incurred through the effective date of suspension or termination

733

including obligations, the performance of which extends beyond

734

the effective date of suspension or termination.

735

G. The remaining member states of the Interstate Commission

736

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

737

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

738

compact, unless otherwise mutually agreed upon in writing between

739

the Interstate Commission and the defaulting state.

740

H. A defaulting state may appeal the action of the

741

Interstate Commission by petitioning the United States District

742

Court for the District of Columbia or the federal district where

743

the Interstate Commission has its principal offices. The

744

prevailing party shall be awarded all costs of such litigation

745

including reasonable attorney's fees.

746

I. The Interstate Commission shall attempt, upon the

747

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

748

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

749

member and nonmember states. The Interstate Commission shall

750

promulgate a rule providing for both mediation and binding

751

dispute resolution for disputes as appropriate.

752

1. The Interstate Commission, in the reasonable exercise of

753

its discretion, shall enforce the provisions and rules of this

754

compact.

755

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

756

members, initiate legal action in the United States District

757

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

758

Interstate Commission, in the federal district where the

759

Interstate Commission has its principal offices, to enforce

760

compliance with the provisions of the compact, or its promulgated

761

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

762

sought may include both injunctive relief and damages. In the

763

event judicial enforcement is necessary, the prevailing party

764

shall be awarded all costs of such litigation, including

765

reasonable attorney's fees.

766

3. The remedies herein are not the exclusive remedies of

767

the Interstate Commission. The Interstate Commission may avail

768

itself of any other remedies available under state law or the

769

regulation of a profession.

770

ARTICLE XIV

771

FINANCING OF THE INTERSTATE COMMISSION.--

772

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

773

payment of, the reasonable expenses of its establishment,

774

organization, and ongoing activities.

775

B. The Interstate Commission may levy on and collect an

776

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

777

operations and activities of the Interstate Commission and its

778

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

779

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

780

aggregate annual assessment amount shall be allocated based upon

781

a formula to be determined by the Interstate Commission, which

782

shall adopt a rule binding upon all member states.

783

C. The Interstate Commission may not incur any obligation

784

of any kind before securing the funds adequate to meet the

785

obligation and the Interstate Commission may not pledge the

786

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

787

permission of the member state.

788

D. The Interstate Commission shall keep accurate accounts

789

of all receipts and disbursements. The receipts and disbursements

790

of the Interstate Commission are subject to audit and accounting

791

procedures established under its bylaws. However, all receipts

792

and disbursements of funds handled by the Interstate Commission

793

shall be audited yearly by a certified or licensed public

794

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

795

become part of the annual report of the Interstate Commission.

796

ARTICLE XV

797

MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.--

798

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

799

B. The compact shall take effect and be binding upon

800

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

801

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

802

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

803

binding as to any other member state upon enactment of the

804

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

805

or their designees shall be invited to participate in the

806

activities of the Interstate Commission on a nonvoting basis

807

before adoption of the compact by all states.

808

C. The Interstate Commission may propose amendments to the

809

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

810

become effective and binding upon the Interstate Commission and

811

the member states until the amendment is enacted into law by

812

unanimous consent of the member states.

813

ARTICLE XVI

814

WITHDRAWAL AND DISSOLUTION.--

815

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

816

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

817

member state may withdraw from the compact, specifically

818

repealing the statute that enacted the compact into law.

819

1. Withdrawal from the compact occurs when a statute

820

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

821

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

822

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

823

withdrawing state to the Governor of each other member state.

824

2. The withdrawing state must immediately notify the

825

chairperson of the Interstate Commission in writing upon the

826

introduction of legislation repealing this compact in the

827

withdrawing state. The Interstate Commission shall notify the

828

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

829

within 60 days after its receipt thereof.

830

3. A withdrawing state is responsible for all assessments,

831

obligations, and liabilities incurred through the effective date

832

of withdrawal, including obligations, the performance of which

833

extend beyond the effective date of withdrawal.

834

4. Reinstatement following withdrawal of a member state

835

shall occur upon the withdrawing state reenacting the compact or

836

upon such later date as determined by the Interstate Commission.

837

B. This compact shall dissolve effective upon the date of

838

the withdrawal or default of the member state which reduces the

839

membership in the compact to one member state.

840

C. Upon the dissolution of this compact, the compact

841

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

842

and affairs of the Interstate Commission shall be concluded and

843

surplus funds shall be distributed in accordance with the bylaws.

844

ARTICLE XVII

845

SEVERABILITY AND CONSTRUCTION.--

846

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

847

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

848

unenforceable, the remaining provisions of the compact shall be

849

enforceable.

850

B. The provisions of this compact shall be liberally

851

construed to effectuate its purposes.

852

C. This compact does not prohibit the applicability of

853

other interstate compacts to which the states are members.

854

ARTICLE XVIII

855

BINDING EFFECT OF COMPACT AND OTHER LAWS.--

856

A. This compact does not prevent the enforcement of any

857

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

858

compact.

859

B. All member states' laws conflicting with this compact

860

are superseded to the extent of the conflict.

861

C. All lawful actions of the Interstate Commission,

862

including all rules and bylaws promulgated by the Interstate

863

Commission, are binding upon the member states.

864

D. All agreements between the Interstate Commission and the

865

member states are binding in accordance with their terms.

866

E. If any part of this compact exceeds the constitutional

867

limits imposed on the Legislature of any member state, the

868

provision shall be ineffective to the extent of the conflict with

869

the constitutional provision in question in that member state.

870

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

871

read:

872

1000.37 Copies to other states approving.--After the

873

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

874

to each of the states approving the Interstate Compact on

875

Educational Opportunity for Military Children an enrolled copy of

876

this act.

877

Section 3. Section 1000.38, Florida Statutes, is created to

878

read:

879

1000.38 Compact Commissioner and Military Family Education

880

Liaison.--

881

(1) In furtherance of Articles VIII and IX of the

882

Interstate Compact on Educational Opportunity for Military

883

Children, the Governor shall designate:

884

(a) A Compact Commissioner who shall be responsible for the

885

administration and management of this state's participation in

886

the compact and who shall serve as this state's voting

887

representative on the Interstate Commission on Educational

888

Opportunity for Military Children.

889

(b) A Military Family Education Liaison from the list of

890

recommendations provided under s. 1000.39(2), who shall be

891

responsible for assisting military families and the state in

892

facilitating the implementation of the compact.

893

(2) The commissioner and liaison shall serve at the

894

pleasure of the Governor.

895

Section 4. Section 1000.39, Florida Statutes, is created to

896

read:

897

1000.39 State Advisory Council for the Interstate Compact

898

on Educational Opportunity for Military Children.--

899

(1) Pursuant to Article VIII of the Interstate Compact for

900

Educational Opportunity for Military Children in s. 1000.36, the

901

State Council on Interstate Educational Opportunity for Military

902

Children is created.

903

(2)(a) The purpose of the council is to provide advice and

904

make recommendations regarding this state's compliance with the

905

compact and participation in the Interstate Commission on

906

Educational Opportunity for Military Children.

907

(b) No later than 3 months after its formation, and

908

whenever requested by the Governor thereafter, the council shall

909

provide the Governor with the names of at least three, but no

910

more than five, persons who the council recommends to serve as

911

the Military Family Education Liaison.

912

(3) The council shall consist of the following seven

913

members:

914

(a) The Commissioner of Education or his or her designee;

915

(b) The superintendent, or his or her designee, for the

916

school district having the highest percentage per capita of

917

military children during the previous school year;

918

919

one of whom shall represent a military installation located

920

within this state and one of whom shall represent the executive

921

branch and possess experience in assisting military families in

922

obtaining educational services for their children. The term of

923

each member appointed under this paragraph shall be for 4 years;

924

however, in order to provide for staggered terms, the

925

Commissioner of Education shall initially appoint one member to a

926

term of 2 years and one member to a term of 3 years.

927

(d) One member appointed by, and who shall serve at the

928

pleasure of, the President of the Senate and the Speaker of the

929

House of Representatives.

930

(e) The Compact Commissioner and the Military Family

931

Education Liaison designated by the Governor under s. 1000.38,

932

who shall serve as nonvoting, ex officio members of the council.

933

(4) Council members shall serve without compensation, but

934

are entitled to reimbursement for per diem and travel expenses as

935

provided in s. 112.061.

936

(5) The provisions of s. 24, Art. I of the State

937

Constitution and of chapter 119 and s. 286.011 apply to

938

proceedings and records of the council. Minutes, including a

939

record of all votes cast, must be maintained for all meetings.

940

(6) The department shall provide administrative support to

941

the council.

942

(7) If the council is abolished, its records must be

943

appropriately stored, within 30 days after the effective date of

944

its abolition, by the department or its successor agency. Any

945

property assigned to the council must be reclaimed by the

946

department or its successor agency. The council may not perform

947

any activities after the effective date of its abolition.

948

Section 5. Sections 1000.36, 1000.37, 1000.38, and 1000.39,

949

Florida Statutes, shall stand repealed 2 years after the

950

effective date of this act, unless reviewed and saved from repeal

951

through reenactment by the Legislature.

952

Section 6. This act shall take effect July 1, 2008, or upon

953

enactment of the Interstate Compact on Educational Opportunity

954

for Military Children into law by nine other states, whichever

955

date occurs later.

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