CS/HB 1203

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

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