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A BILL TO BE ENTITLED
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AN ACT
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relating to adoption of the Interstate Compact on Educational |
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Opportunity for Military Children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Education Code, is amended by adding |
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Chapter 162 to read as follows: |
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CHAPTER 162. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR |
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MILITARY CHILDREN |
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Sec. 162.001. DEFINITIONS. In this chapter: |
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(1) "Compact" means the Interstate Compact on |
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Educational Opportunity for Military Children executed under |
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Section 162.002. |
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(2) "Compact commissioner" means the individual |
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appointed under Section 162.004. |
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Sec. 162.002. EXECUTION OF COMPACT. This state enacts the |
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Interstate Compact on Educational Opportunity for Military |
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Children and enters into the compact with all other states legally |
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joining in the compact in substantially the following form: |
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INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY |
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CHILDREN |
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ARTICLE I. PURPOSE |
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It is the purpose of this compact to remove barriers to |
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educational success imposed on children of military families |
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because of frequent moves and deployment of their parents by: |
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A. Facilitating the timely enrollment of children of |
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military families and ensuring that they are not placed at a |
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disadvantage due to difficulty in the transfer of education records |
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from the previous school district(s) or variations in entrance/age |
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requirements. |
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B. Facilitating the student placement process through |
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which children of military families are not disadvantaged by |
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variations in attendance requirements, scheduling, sequencing, |
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grading, course content or assessment. |
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C. Facilitating the qualification and eligibility for |
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enrollment, educational programs, and participation in |
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extracurricular academic, athletic, and social activities. |
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D. Facilitating the on-time graduation of children of |
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military families. |
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E. Providing for the promulgation and enforcement of |
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administrative rules implementing the provisions of this compact. |
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F. Providing for the uniform collection and sharing of |
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information between and among member states, schools, and military |
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families under this compact. |
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G. Promoting coordination between this compact and |
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other compacts affecting military children. |
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H. Promoting flexibility and cooperation between the |
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educational system, parents, and the student in order to achieve |
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educational success for the student. |
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ARTICLE II. DEFINITIONS |
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As used in this compact, unless the context clearly requires |
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a different construction: |
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A. "Active duty" means: full-time duty status in the |
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active uniformed service of the United States, including members of |
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the National Guard and Reserve on active duty orders pursuant to 10 |
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U.S.C. Sections 1209 and 1211. |
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B. "Children of military families" means: a |
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school-aged child(ren), enrolled in kindergarten through twelfth |
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(12th) grade, in the household of an active duty member. |
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C. "Compact commissioner" means: the voting |
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representative of each compacting state appointed pursuant to |
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Article VIII of this compact. |
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D. "Deployment" means: the period one (1) month prior |
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to the service members' departure from their home station on |
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military orders through six (6) months after return to their home |
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station. |
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E. "Education(al) records" means: those official |
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records, files, and data directly related to a student and |
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maintained by the school or local education agency, including but |
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not limited to records encompassing all the material kept in the |
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student's cumulative folder such as general identifying data, |
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records of attendance and of academic work completed, records of |
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achievement and results of evaluative tests, health data, |
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disciplinary status, test protocols, and individualized education |
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programs. |
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F. "Extracurricular activities" means: a voluntary |
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activity sponsored by the school or local education agency or an |
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organization sanctioned by the local education agency. |
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Extracurricular activities include, but are not limited to, |
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preparation for and involvement in public performances, contests, |
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athletic competitions, demonstrations, displays, and club |
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activities. |
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G. "Interstate Commission on Educational Opportunity |
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for Military Children" means: the commission that is created under |
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Article IX of this compact, which is generally referred to as |
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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 twelfth |
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(12th) 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 |
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Samoa, the Northern Marianas Islands and any other United States |
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territory. Such term does not include any facility used primarily |
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for civil works, rivers and harbors projects, or flood control |
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projects. |
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K. "Non-member state" means: a state that has not |
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enacted this compact. |
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L. "Receiving state" means: the state to which a child |
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of a 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 promulgated pursuant to Article XII of this compact that |
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is of general applicability, implements, interprets, or prescribes |
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a 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, and |
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includes the amendment, repeal, or suspension of an existing rule. |
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N. "Sending state" means: the state from which a child |
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of a 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 |
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District of Columbia, the Commonwealth of Puerto Rico, the United |
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States Virgin Islands, Guam, American Samoa, the Northern Marianas |
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Islands and any other United States territory. |
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P. "Student" means: the child of a military family for |
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whom the local education agency receives public funding and who is |
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formally enrolled in kindergarten through twelfth (12th) grade. |
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Q. "Transition" means: (1) the formal and physical |
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process of transferring from school to school; or (2) the period of |
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time in which a student moves from one school in the sending state |
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to another school in the receiving state. |
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R. "Uniformed service(s)" means: the Army, Navy, Air |
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Force, Marine Corps, Coast Guard, as well as the Commissioned Corps |
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of 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 |
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uniformed services and who was discharged or released therefrom |
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under conditions other than dishonorable. |
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ARTICLE III. APPLICABILITY |
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A. Except as otherwise provided in Section B, this compact |
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shall apply to the children of: |
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1. active duty members of the uniformed services as |
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defined in this compact, including members of the National Guard |
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and Reserve on active duty orders pursuant to 10 U.S.C. Sections |
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1209 and 1211; |
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2. members or veterans of the uniformed services who |
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are severely injured and medically discharged or retired for a |
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period of one (1) year after medical discharge or retirement; and |
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3. members of the uniformed services who die on active |
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duty or as a result of injuries sustained on active duty for a |
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period of one (1) year after death. |
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B. The provisions of this interstate compact shall only |
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apply to local education agencies as defined in this compact. |
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C. The provisions of this compact shall not apply to the |
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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, |
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except as provided in Section A; |
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3. veterans of the uniformed services, except as |
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provided in Section A; and |
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4. other U.S. Department of Defense personnel and |
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other federal agency civilian and contract employees not defined as |
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active duty members of the uniformed services. |
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ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT |
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A. Unofficial or "hand-carried" education records--In the |
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event that official education records cannot be released to the |
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parents for the purpose of transfer, the custodian of the records |
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in the sending state shall prepare and furnish to the parent a |
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complete set of unofficial education records containing uniform |
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information as determined by the Interstate Commission. Upon |
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receipt of the unofficial education records by a school in the |
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receiving state, the school shall enroll and appropriately place |
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the student based on the information provided in the unofficial |
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records pending validation by the official records, as quickly as |
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possible. |
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B. Official education records/transcripts--Simultaneous |
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with the enrollment and conditional placement of the student, the |
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school in the receiving state shall request the student's official |
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education record from the school in the sending state. Upon receipt |
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of this request, the school in the sending state will process and |
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furnish the official education records to the school in the |
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receiving state within ten (10) days or within such time as is |
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reasonably determined under the rules promulgated by the Interstate |
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Commission. |
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C. Immunizations--Compacting states shall give thirty (30) |
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days from the date of enrollment or within such time as is |
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reasonably determined under the rules promulgated by the Interstate |
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Commission, for students to obtain any immunization(s) required by |
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the receiving state. For a series of immunizations, initial |
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vaccinations must be obtained within thirty (30) days or within |
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such time as is reasonably determined under the rules promulgated |
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by the Interstate Commission. |
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D. Kindergarten and first grade entrance age--Students |
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shall be allowed to continue their enrollment at grade level in the |
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receiving state commensurate with their grade level (including |
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kindergarten) from a local education agency in the sending state at |
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the time of transition, regardless of age. A student that has |
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satisfactorily completed the prerequisite grade level in the local |
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education agency in the sending state shall be eligible for |
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enrollment in the next highest grade level in the receiving state, |
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regardless of age. A student transferring after the start of the |
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school year in the receiving state shall enter the school in the |
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receiving state on their validated level from an accredited school |
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in the sending state. |
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ARTICLE V. PLACEMENT AND ATTENDANCE |
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A. Course placement--When the student transfers before or |
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during the school year, the receiving state school shall initially |
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honor placement of the student in educational courses based on the |
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student's enrollment in the sending state school and/or educational |
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assessments conducted at the school in the sending state if the |
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courses are offered. Course placement includes but is not limited |
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to honors, international baccalaureate, advanced placement, |
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vocational, technical, and career pathways courses. Continuing the |
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student's academic program from the previous school and promoting |
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placement in academically and career challenging courses should be |
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paramount when considering placement. This does not preclude the |
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school in the receiving state from performing subsequent |
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evaluations to ensure appropriate placement and continued |
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enrollment of the student in the course(s). |
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B. Educational program placement--The receiving state |
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school shall initially honor placement of the student in |
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educational programs based on current educational assessments |
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conducted at the school in the sending state or |
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participation/placement in like programs in the sending state. Such |
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programs include, but are not limited to: (1) gifted and talented |
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programs; and (2) English as a second language (ESL). This does not |
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preclude the school in the receiving state from performing |
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subsequent evaluations to ensure appropriate placement of the |
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student. |
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C. Special education services--(1) In compliance with the |
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federal requirements of the Individuals with Disabilities |
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Education Act (IDEA) (20 U.S.C. Section 1400 et seq.), the |
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receiving state shall initially provide comparable services to a |
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student with disabilities based on his/her current Individualized |
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Education Program (IEP); and (2) In compliance with the |
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requirements of Section 504 of the Rehabilitation Act (29 U.S.C.A. |
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Section 794), and with Title II of the Americans with Disabilities |
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Act (42 U.S.C.A. Sections 12131-12165), the receiving state shall |
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make reasonable accommodations and modifications to address the |
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needs of incoming students with disabilities, subject to an |
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existing 504 or Title II Plan, to provide the student with equal |
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access to education. This does not preclude the school in the |
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receiving state from performing subsequent evaluations to ensure |
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appropriate placement of the student. |
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D. Placement flexibility--Local education agency |
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administrative officials shall have flexibility in waiving |
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course/program prerequisites, or other preconditions for placement |
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in courses/programs offered under the jurisdiction of the local |
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education agency. |
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E. Absence as related to deployment activities--A student |
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whose parent or legal guardian is an active duty member of the |
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uniformed services, as defined by the compact, and has been called |
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to duty for, is on leave from, or immediately returned from |
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deployment to a combat zone or combat support posting, shall be |
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granted additional excused absences at the discretion of the local |
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education agency superintendent to visit with his or her parent or |
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legal guardian relative to such leave or deployment of the parent or |
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guardian. |
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ARTICLE VI. ELIGIBILITY |
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A. Eligibility for enrollment |
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1. Special power of attorney, relative to the |
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guardianship of a child of a military family and executed under |
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applicable law, shall be sufficient for the purposes of enrollment |
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and all other actions requiring parental participation and consent. |
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2. A local education agency shall be prohibited from |
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charging local tuition to a transitioning military child placed in |
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the care of a non-custodial parent or other person standing in loco |
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parentis who lives in a jurisdiction other than that of the |
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custodial parent. |
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3. A transitioning military child, placed in the care |
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of a non-custodial parent or other person standing in loco parentis |
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who lives in a jurisdiction other than that of the custodial parent, |
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may continue to attend the school in which he/she was enrolled |
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while residing with the custodial parent. |
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B. Eligibility for extracurricular participation--State |
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and local education agencies shall facilitate the opportunity for |
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transitioning military children's inclusion in extracurricular |
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activities, regardless of application deadlines, to the extent they |
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are otherwise qualified. |
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ARTICLE VII. GRADUATION |
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In order to facilitate the on-time graduation of children of |
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military families, states and local education agencies shall |
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incorporate the following procedures: |
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A. Waiver requirements--Local education agency |
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administrative officials shall waive specific courses required for |
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graduation if similar coursework has been satisfactorily completed |
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in another local education agency or shall provide reasonable |
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justification for denial. Should a waiver not be granted to a |
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student who would qualify to graduate from the sending school, the |
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local education agency shall provide an alternative means of |
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acquiring required coursework so that graduation may occur on time. |
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B. Exit exams--States shall accept: (1) exit or |
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end-of-course exams required for graduation from the sending state; |
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or (2) national norm-referenced achievement tests; or (3) |
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alternative testing, in lieu of testing requirements for graduation |
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in the receiving state. In the event the above alternatives cannot |
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be accommodated by the receiving state for a student transferring |
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in his or her senior year, then the provisions of Article VII, |
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Section C, shall apply. |
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C. Transfers during senior year--Should a military |
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student transferring at the beginning or during his or her senior |
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year be ineligible to graduate from the receiving local education |
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agency after all alternatives have been considered, the sending and |
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receiving local education agencies shall ensure the receipt of a |
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diploma from the sending local education agency, if the student |
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meets the graduation requirements of the sending local education |
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agency. In the event that one of the states in question is not a |
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member of this compact, the member state shall use best efforts to |
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facilitate the on-time graduation of the student in accordance with |
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Sections A and B of this article. |
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ARTICLE VIII. STATE COORDINATION |
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A. Each member state shall, through the creation of a State |
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Council or use of an existing body or board, provide for the |
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coordination among its agencies of government, local education |
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agencies, and military installations concerning the state's |
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participation in, and compliance with, this compact and Interstate |
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Commission activities. While each member state may determine the |
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membership of its own State Council, its membership must include at |
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least: the state superintendent of education, superintendent of a |
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school district with a high concentration of military children, |
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representative from a military installation, one representative |
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each from the legislative and executive branches of government, and |
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other offices and stakeholder groups the State Council deems |
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appropriate. A member state that does not have a school district |
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deemed to contain a high concentration of military children may |
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appoint a superintendent from another school district to represent |
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local education agencies on the State Council. |
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B. The State Council of each member state shall appoint or |
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designate a military family education liaison to assist military |
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families and the state in facilitating the implementation of this |
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compact. |
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C. The compact commissioner responsible for the |
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administration and management of the state's participation in the |
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compact shall be appointed by the governor or as otherwise |
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determined by each member state. |
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D. The compact commissioner and the military family |
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education liaison designated herein shall be ex-officio members of |
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the State Council, unless either is already a full voting member of |
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the State Council. |
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ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR |
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MILITARY CHILDREN |
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The member states hereby create the "Interstate Commission on |
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Educational Opportunity for Military Children." The activities of |
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the Interstate Commission are the formation of public policy and |
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are a discretionary state function. The Interstate Commission |
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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 duties |
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set forth herein, and such additional powers as may be conferred |
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upon it by a subsequent concurrent action of the respective |
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legislatures of the member states in accordance with the terms of |
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this compact. |
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B. Consist of one Interstate Commission voting |
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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 |
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the Interstate Commission is entitled to one vote. |
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2. A majority of the total member states shall |
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constitute a quorum for the transaction of business, unless a |
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larger quorum is required by the bylaws of the Interstate |
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Commission. |
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3. A representative shall not delegate a vote to |
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another member state. In the event the compact commissioner is |
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unable to attend a meeting of the Interstate Commission, the |
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governor or State Council may delegate voting authority to another |
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person from their state for a specified meeting. |
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4. The bylaws may provide for meetings of the |
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Interstate Commission to be conducted by telecommunication or |
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electronic communication. |
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C. Consist of ex-officio, non-voting representatives |
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who are members of interested organizations. Such ex-officio |
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members, as defined in the bylaws, may include but not be limited |
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to, members of the representative organizations of military family |
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advocates, local education agency officials, parent and teacher |
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groups, the U.S. Department of Defense, the Education Commission of |
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the States, the Interstate Agreement on the Qualification of |
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Educational Personnel, and other interstate compacts affecting the |
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education of children of military members. |
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D. Meet at least once each calendar year. The |
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chairperson may call additional meetings and, upon the request of a |
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simple majority of the member states, shall call additional |
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meetings. |
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E. Establish an executive committee, whose members |
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shall include the officers of the Interstate Commission and such |
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other members of the Interstate Commission as determined by the |
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bylaws. Members of the executive committee shall serve a one year |
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term. Members of the executive committee shall be entitled to one |
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vote each. The executive committee shall have the power to act on |
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behalf of the Interstate Commission, with the exception of |
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rulemaking, during periods when the Interstate Commission is not in |
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session. The executive committee shall oversee the day-to-day |
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activities of the administration of the compact including |
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enforcement and compliance with the provisions of the compact, its |
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bylaws and rules, and other such duties as deemed necessary. The |
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U.S. Department of Defense shall serve as an ex-officio, nonvoting |
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member of the executive committee. |
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F. Establish bylaws and rules that provide for |
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conditions and procedures under which the Interstate Commission |
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shall make its information and official records available to the |
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public for inspection or copying. The Interstate Commission may |
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exempt from disclosure information or official records to the |
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extent they would adversely affect personal privacy rights or |
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proprietary interests. |
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G. Give public notice of all meetings and all meetings |
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shall be open to the public, except as set forth in the rules or as |
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otherwise provided in the compact. The Interstate Commission and |
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its committees may close a meeting, or portion thereof, where it |
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determines by two-thirds vote that an open meeting would be likely |
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to: |
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1. Relate solely to the Interstate Commission's |
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internal personnel practices and procedures; |
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2. Disclose matters specifically exempted from |
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disclosure by federal and state statute; |
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3. Disclose trade secrets or commercial or |
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financial information which is privileged or confidential; |
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4. Involve accusing a person of a crime, or |
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formally censuring a person; |
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5. Disclose information of a personal nature |
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where disclosure would constitute a clearly unwarranted invasion of |
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personal privacy; |
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6. Disclose investigative records compiled for |
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law enforcement purposes; or |
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7. Specifically relate to the Interstate |
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Commission's participation in a civil action or other legal |
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proceeding. |
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H. Shall cause its legal counsel or designee to |
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certify that a meeting may be closed and shall reference each |
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relevant exemptible provision for any meeting, or portion of a |
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meeting, which is closed pursuant to this provision. The Interstate |
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Commission shall keep minutes which shall fully and clearly |
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describe all matters discussed in a meeting and shall provide a full |
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and accurate summary of actions taken, and the reasons therefore, |
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including a description of the views expressed and the record of a |
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roll call vote. All documents considered in connection with an |
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action shall be identified in such minutes. All minutes and |
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documents of a closed meeting shall remain under seal, subject to |
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release by a majority vote of the Interstate Commission. |
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I. Shall collect standardized data concerning the |
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educational transition of the children of military families under |
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this compact as directed through its rules which shall specify the |
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data to be collected, the means of collection and data exchange, and |
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reporting requirements. Such methods of data collection, exchange, |
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and reporting shall, in so far as is reasonably possible, conform to |
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current technology and coordinate its information functions with |
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the appropriate custodian of records as identified in the bylaws |
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and rules. |
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J. Shall create a process that permits military |
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officials, education officials, and parents to inform the |
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Interstate Commission if and when there are alleged violations of |
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the compact or its rules or when issues subject to the jurisdiction |
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of the compact or its rules are not addressed by the state or local |
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education agency. This section shall not be construed to create a |
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private right of action against the Interstate Commission or any |
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member state. |
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ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION |
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The Interstate Commission shall have the following powers: |
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A. To provide for dispute resolution among member |
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states. |
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B. To promulgate rules and take all necessary actions |
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to effect the goals, purposes, and obligations as enumerated in |
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this compact. The rules shall have the force and effect of statutory |
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law and shall be binding in the compact states to the extent and in |
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the manner provided in this compact. |
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C. To issue, upon request of a member state, advisory |
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opinions concerning the meaning or interpretation of the interstate |
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compact, its bylaws, rules, and actions. |
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D. To enforce compliance with the compact provisions, |
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the rules promulgated by the Interstate Commission, and the bylaws, |
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using all necessary and proper means, including but not limited to |
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the use of judicial process. |
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E. To establish and maintain offices which shall be |
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located within one or more of the member states. |
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F. To purchase and maintain insurance and bonds. |
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G. To borrow, accept, hire, or contract for services |
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of personnel. |
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H. To establish and appoint committees including, but |
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not limited to, an executive committee as required by Article IX, |
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Section E, which shall have the power to act on behalf of the |
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Interstate Commission in carrying out its powers and duties |
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hereunder. |
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I. To elect or appoint such officers, attorneys, |
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employees, agents, or consultants, and to fix their compensation, |
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define their duties, and determine their qualifications; and to |
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establish the Interstate Commission's personnel policies and |
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programs relating to conflicts of interest, rates of compensation, |
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and qualifications of personnel. |
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J. To accept any and all donations and grants of money, |
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equipment, supplies, materials, and services, and to receive, |
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utilize, and dispose of it. |
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K. To lease, purchase, accept contributions or |
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donations of, or otherwise to own, hold, improve or use any |
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property, real, personal, or mixed. |
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L. To sell, convey, mortgage, pledge, lease, exchange, |
|
abandon, or otherwise dispose of any property, real, personal or |
|
mixed. |
|
M. To establish a budget and make expenditures. |
|
N. To adopt a seal and bylaws governing the management |
|
and operation of the Interstate Commission. |
|
O. To report annually to the legislatures, governors, |
|
judiciary, and state councils of the member states concerning the |
|
activities of the Interstate Commission during the preceding year. |
|
Such reports shall also include any recommendations that may have |
|
been adopted by the Interstate Commission. |
|
P. To coordinate education, training, and public |
|
awareness regarding the compact, its implementation and operation |
|
for officials and parents involved in such activity. |
|
Q. To establish uniform standards for the reporting, |
|
collecting, and exchanging of data. |
|
R. To maintain corporate books and records in |
|
accordance with the bylaws. |
|
S. To perform such functions as may be necessary or |
|
appropriate to achieve the purposes of this compact. |
|
T. To provide for the uniform collection and sharing |
|
of information between and among member states, schools, and |
|
military families under this compact. |
|
ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE |
|
COMMISSION |
|
A. The Interstate Commission shall, by a majority of the |
|
members present and voting, within 12 months after the first |
|
Interstate Commission meeting, adopt bylaws to govern its conduct |
|
as may be necessary or appropriate to carry out the purposes of the |
|
compact, including, but not limited to: |
|
1. Establishing the fiscal year of the Interstate |
|
Commission; |
|
2. Establishing an executive committee, and such other |
|
committees as may be necessary; |
|
3. Providing for the establishment of committees and |
|
for governing any general or specific delegation of authority or |
|
function of the Interstate Commission; |
|
4. Providing reasonable procedures for calling and |
|
conducting meetings of the Interstate Commission, and ensuring |
|
reasonable notice of each such meeting; |
|
5. Establishing the titles and responsibilities of the |
|
officers and staff of the Interstate Commission; |
|
6. Providing a mechanism for concluding the operations |
|
of the Interstate Commission and the return of surplus funds that |
|
may exist upon the termination of the compact after the payment and |
|
reserving of all of its debts and obligations; |
|
7. Providing "start up" rules for initial |
|
administration of the compact. |
|
B. The Interstate Commission shall, by a majority of the |
|
members, elect annually from among its members a chairperson, a |
|
vice-chairperson, and a treasurer, each of whom shall have such |
|
authority and duties as may be specified in the bylaws. The |
|
chairperson or, in the chairperson's absence or disability, the |
|
vice-chairperson, shall preside at all meetings of the Interstate |
|
Commission. The officers so elected shall serve without |
|
compensation or remuneration from the Interstate Commission; |
|
provided that, subject to the availability of budgeted funds, the |
|
officers shall be reimbursed for ordinary and necessary costs and |
|
expenses incurred by them in the performance of their |
|
responsibilities as officers of the Interstate Commission. |
|
C. Executive Committee, Officers, and Personnel |
|
1. The executive committee shall have such authority |
|
and duties as may be set forth in the bylaws, including but not |
|
limited to: |
|
a. Managing the affairs of the Interstate |
|
Commission in a manner consistent with the bylaws and purposes of |
|
the Interstate Commission; |
|
b. Overseeing an organizational structure |
|
within, and appropriate procedures for the Interstate Commission to |
|
provide for the creation of rules, operating procedures, and |
|
administrative and technical support functions; and |
|
c. Planning, implementing, and coordinating |
|
communications and activities with other state, federal, and local |
|
government organizations in order to advance the goals of the |
|
Interstate Commission. |
|
2. The executive committee may, subject to the |
|
approval of the Interstate Commission, appoint or retain an |
|
executive director for such period, upon such terms and conditions |
|
and for such compensation, as the Interstate Commission may deem |
|
appropriate. The executive director shall serve as secretary to |
|
the Interstate Commission, but shall not be a member of the |
|
Interstate Commission. The executive director shall hire and |
|
supervise such other persons as may be authorized by the Interstate |
|
Commission. |
|
D. The Interstate Commission's executive director and its |
|
employees shall be immune from suit and liability, either |
|
personally or in their official capacity, for a claim for damage to |
|
or loss of property or personal injury or other civil liability |
|
caused or arising out of or relating to an actual or alleged act, |
|
error, or omission that occurred, or that such person had a |
|
reasonable basis for believing occurred, within the scope of |
|
Interstate Commission employment, duties, or responsibilities; |
|
provided, that such person shall not be protected from suit or |
|
liability for damage, loss, injury, or liability caused by the |
|
intentional or wilful and wanton misconduct of such person. |
|
1. The liability of the Interstate Commission's |
|
executive director and employees or Interstate Commission |
|
representatives, acting within the scope of such person's |
|
employment or duties for acts, errors, or omissions occurring |
|
within such person's state may not exceed the limits of liability |
|
set forth under the constitution and laws of that state for state |
|
officials, employees, and agents. The Interstate Commission is |
|
considered to be an instrumentality of the states for the purposes |
|
of any such action. Nothing in this subsection shall be construed to |
|
protect such person from suit or liability for damage, loss, |
|
injury, or liability caused by the intentional or wilful and wanton |
|
misconduct of such person. |
|
2. The Interstate Commission shall defend the |
|
executive director and its employees and, subject to the approval |
|
of the attorney general or other appropriate legal counsel of the |
|
member state represented by an Interstate Commission |
|
representative, shall defend such Interstate Commission |
|
representative in any civil action seeking to impose liability |
|
arising out of an actual or alleged act, error, or omission that |
|
occurred within the scope of Interstate Commission employment, |
|
duties, or responsibilities, or that the defendant had a reasonable |
|
basis for believing occurred within the scope of Interstate |
|
Commission employment, duties, or responsibilities, provided that |
|
the actual or alleged act, error, or omission did not result from |
|
intentional or wilful and wanton misconduct on the part of such |
|
person. |
|
3. To the extent not covered by the state involved, the |
|
member state, or the Interstate Commission, the representatives or |
|
employees of the Interstate Commission shall be held harmless in |
|
the amount of a settlement or judgment, including attorney's fees |
|
and costs, obtained against such persons arising out of an actual or |
|
alleged act, error, or omission that occurred within the scope of |
|
Interstate Commission employment, duties, or responsibilities, or |
|
that such persons had a reasonable basis for believing occurred |
|
within the scope of Interstate Commission employment, duties, or |
|
responsibilities, provided that the actual or alleged act, error, |
|
or omission did not result from intentional or wilful and wanton |
|
misconduct on the part of such persons. |
|
ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION |
|
A. Rulemaking Authority--The Interstate Commission shall |
|
promulgate reasonable rules in order to effectively and efficiently |
|
achieve the purposes of this compact. Notwithstanding the |
|
foregoing, in the event the Interstate Commission exercises its |
|
rulemaking authority in a manner that is beyond the scope of the |
|
purposes of this Act, or the powers granted hereunder, then such an |
|
action by the Interstate Commission shall be invalid and have no |
|
force or effect. |
|
B. Rulemaking Procedure--Rules shall be made pursuant to a |
|
rulemaking process that substantially conforms to the "Model State |
|
Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, |
|
Volume 15, page 1 (2000), as amended, as may be appropriate to the |
|
operations of the Interstate Commission. |
|
C. Not later than thirty (30) days after a rule is |
|
promulgated, any person may file a petition for judicial review of |
|
the rule; provided, that the filing of such a petition shall not |
|
stay or otherwise prevent the rule from becoming effective unless |
|
the court finds that the petitioner has a substantial likelihood of |
|
success. The court shall give deference to the actions of the |
|
Interstate Commission consistent with applicable law and shall not |
|
find the rule to be unlawful if the rule represents a reasonable |
|
exercise of the Interstate Commission's authority. |
|
D. If a majority of the legislatures of the compacting |
|
states rejects a rule by enactment of a statute or resolution in the |
|
same manner used to adopt the compact, then such rule shall have no |
|
further force and effect in any compacting state. |
|
ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION |
|
A. Oversight |
|
1. The executive, legislative, and judicial branches |
|
of state government in each member state shall enforce this compact |
|
and shall take all actions necessary and appropriate to effectuate |
|
the compact's purposes and intent. The provisions of this compact |
|
and the rules promulgated hereunder shall have standing as |
|
statutory law. |
|
2. All courts shall take judicial notice of the |
|
compact and the rules in any judicial or administrative proceeding |
|
in a member state pertaining to the subject matter of this compact |
|
which may affect the powers, responsibilities, or actions of the |
|
Interstate Commission. |
|
3. The Interstate Commission shall be entitled to |
|
receive all service of process in any such proceeding, and shall |
|
have standing to intervene in the proceeding for all purposes. |
|
Failure to provide service of process to the Interstate Commission |
|
shall render a judgment or order void as to the Interstate |
|
Commission, this compact, or promulgated rules. |
|
B. Default, Technical Assistance, Suspension, and |
|
Termination--If the Interstate Commission determines that a member |
|
state has defaulted in the performance of its obligations or |
|
responsibilities under this compact, or the bylaws or promulgated |
|
rules, the Interstate Commission shall: |
|
1. Provide written notice to the defaulting state and |
|
other member states, of the nature of the default, the means of |
|
curing the default and any action taken by the Interstate |
|
Commission. The Interstate Commission shall specify the conditions |
|
by which the defaulting state must cure its default. |
|
2. Provide remedial training and specific technical |
|
assistance regarding the default. |
|
3. If the defaulting state fails to cure the default, |
|
the defaulting state shall be terminated from the compact upon an |
|
affirmative vote of a majority of the member states and all rights, |
|
privileges, and benefits conferred by this compact shall be |
|
terminated from the effective date of termination. A cure of the |
|
default does not relieve the offending state of obligations or |
|
liabilities incurred during the period of the default. |
|
4. Suspension or termination of membership in the |
|
compact shall be imposed only after all other means of securing |
|
compliance have been exhausted. Notice of intent to suspend or |
|
terminate shall be given by the Interstate Commission to the |
|
governor, the majority and minority leaders of the defaulting |
|
state's legislature, and each of the member states. |
|
5. The state which has been suspended or terminated is |
|
responsible for all assessments, obligations, and liabilities |
|
incurred through the effective date of suspension or termination |
|
including obligations, the performance of which extends beyond the |
|
effective date of suspension or termination. |
|
6. The Interstate Commission shall not bear any costs |
|
relating to any state that has been found to be in default or which |
|
has been suspended or terminated from the compact, unless otherwise |
|
mutually agreed upon in writing between the Interstate Commission |
|
and the defaulting state. |
|
7. The defaulting state may appeal the action of the |
|
Interstate Commission by petitioning the U.S. District Court for |
|
the District of Columbia or the federal district where the |
|
Interstate Commission has its principal offices. The prevailing |
|
party shall be awarded all costs of such litigation including |
|
reasonable attorney's fees. |
|
C. Dispute Resolution |
|
1. The Interstate Commission shall attempt, upon the |
|
request of a member state, to resolve disputes which are subject to |
|
the compact and which may arise among member states and between |
|
member and non-member states. |
|
2. The Interstate Commission shall promulgate a rule |
|
providing for both mediation and binding dispute resolution for |
|
disputes as appropriate. |
|
D. Enforcement |
|
1. The Interstate Commission, in the reasonable |
|
exercise of its discretion, shall enforce the provisions and rules |
|
of this compact. |
|
2. The Interstate Commission may, by majority vote of |
|
the members, initiate legal action in the U.S. District Court for |
|
the District of Columbia or, at the discretion of the Interstate |
|
Commission, in the federal district where the Interstate Commission |
|
has its principal offices, to enforce compliance with the |
|
provisions of the compact, its promulgated rules and bylaws, |
|
against a member state in default. The relief sought may include |
|
both injunctive relief and damages. In the event judicial |
|
enforcement is necessary, the prevailing party shall be awarded all |
|
costs of such litigation including reasonable attorney's fees. |
|
3. The remedies herein shall not be the exclusive |
|
remedies of the Interstate Commission. The Interstate Commission |
|
may avail itself of any other remedies available under state law or |
|
the regulation of a profession. |
|
ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION |
|
A. The Interstate Commission shall pay, or provide for the |
|
payment of the reasonable expenses of its establishment, |
|
organization, and ongoing activities. |
|
B. The Interstate Commission may levy on and collect an |
|
annual assessment from each member state to cover the cost of the |
|
operations and activities of the Interstate Commission and its |
|
staff, which must be in a total amount sufficient to cover the |
|
Interstate Commission's annual budget as approved each year. The |
|
aggregate annual assessment amount shall be allocated based upon a |
|
formula to be determined by the Interstate Commission, which shall |
|
promulgate a rule binding upon all member states. |
|
C. The Interstate Commission shall not incur obligations of |
|
any kind prior to securing the funds adequate to meet the same; nor |
|
shall the Interstate Commission pledge the credit of any of the |
|
member states, except by and with the authority of the member state. |
|
D. The Interstate Commission shall keep accurate accounts |
|
of all receipts and disbursements. The receipts and disbursements |
|
of the Interstate Commission shall be subject to the audit and |
|
accounting procedures established under its bylaws. However, all |
|
receipts and disbursements of funds handled by the Interstate |
|
Commission shall be audited yearly by a certified or licensed |
|
public accountant and the report of the audit shall be included in |
|
and become part of the annual report of the Interstate Commission. |
|
ARTICLE XV. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT |
|
A. Any state is eligible to become a member state. |
|
B. The compact shall become effective and binding upon |
|
legislative enactment of the compact into law by no less than ten |
|
(10) of the states. The effective date shall be no earlier than |
|
December 1, 2007. Thereafter it shall become effective and binding |
|
as to any other member state upon enactment of the compact into law |
|
by that state. The governors of non-member states or their |
|
designees shall be invited to participate in the activities of the |
|
Interstate Commission on a non-voting basis prior to adoption of |
|
the compact by all states. |
|
C. The Interstate Commission may propose amendments to the |
|
compact for enactment by the member states. No amendment shall |
|
become effective and binding upon the Interstate Commission and the |
|
member states unless and until it is enacted into law by unanimous |
|
consent of the member states. |
|
ARTICLE XVI. WITHDRAWAL AND DISSOLUTION |
|
A. Withdrawal |
|
1. Once effective, the compact shall continue in force |
|
and remain binding upon each and every member state; provided that a |
|
member state may withdraw from the compact by specifically |
|
repealing the statute which enacted the compact into law. |
|
2. Withdrawal from this compact shall be by the |
|
enactment of a statute repealing the same, but shall not take effect |
|
until one (1) year after the effective date of such statute and |
|
until written notice of the withdrawal has been given by the |
|
withdrawing state to the governor of each other member |
|
jurisdiction. |
|
3. The withdrawing state shall immediately notify the |
|
chairperson of the Interstate Commission in writing upon the |
|
introduction of legislation repealing this compact in the |
|
withdrawing state. The Interstate Commission shall notify the |
|
other member states of the withdrawing state's intent to withdraw |
|
within sixty (60) days of its receipt thereof. |
|
4. The withdrawing state is responsible for all |
|
assessments, obligations, and liabilities incurred through the |
|
effective date of withdrawal, including obligations, the |
|
performance of which extend beyond the effective date of |
|
withdrawal. |
|
5. Reinstatement following withdrawal of a member |
|
state shall occur upon the withdrawing state reenacting the compact |
|
or upon such later date as determined by the Interstate Commission. |
|
B. Dissolution of Compact |
|
1. This compact shall dissolve effective upon the date |
|
of the withdrawal or default of the member state which reduces the |
|
membership in the compact to one (1) member state. |
|
2. Upon the dissolution of this compact, the compact |
|
becomes null and void and shall be of no further force or effect, |
|
and the business and affairs of the Interstate Commission shall be |
|
concluded and surplus funds shall be distributed in accordance with |
|
the bylaws. |
|
ARTICLE XVII. SEVERABILITY AND CONSTRUCTION |
|
A. The provisions of this compact shall be severable, and if |
|
any phrase, clause, sentence, or provision is deemed unenforceable, |
|
the remaining provisions of the compact shall be enforceable. |
|
B. The provisions of this compact shall be liberally |
|
construed to effectuate its purposes. |
|
C. Nothing in this compact shall be construed to prohibit |
|
the applicability of other interstate compacts to which the states |
|
are members. |
|
ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS |
|
A. Other Laws |
|
1. Nothing herein prevents the enforcement of any |
|
other law of a member state that is not inconsistent with this |
|
compact. |
|
2. All member states' laws conflicting with this |
|
compact are superseded to the extent of the conflict. |
|
B. Binding Effect of the Compact |
|
1. All lawful actions of the Interstate Commission, |
|
including all rules and bylaws promulgated by the Interstate |
|
Commission, are binding upon the member states. |
|
2. All agreements between the Interstate Commission |
|
and the member states are binding in accordance with their terms. |
|
3. In the event any provision of this compact exceeds |
|
the constitutional limits imposed on the legislature of any member |
|
state, such provision shall be ineffective to the extent of the |
|
conflict with the constitutional provision in question in that |
|
member state. |
|
Sec. 162.003. EFFECT ON TEXAS LAWS. If the laws of this |
|
state conflict with the compact or a rule adopted under that |
|
compact, the compact or rule controls, except that if a conflict |
|
exists between the compact or rule and the Texas Constitution, as |
|
determined by the courts of this state, the Texas Constitution |
|
controls. |
|
Sec. 162.004. COMPACT COMMISSIONER. (a) The governor |
|
shall appoint a compact commissioner to be responsible for |
|
administration and management of this state's participation in the |
|
compact. |
|
(b) If the compact commissioner is unable to attend a |
|
specific meeting of the Interstate Commission created under the |
|
compact, the governor shall delegate voting authority for that |
|
meeting to another individual from this state. |
|
(c) The compact commissioner serves at the will of the |
|
governor. |
|
Sec. 162.005. STATE COORDINATION. (a) The Texas Education |
|
Agency shall provide for coordination among state agencies, school |
|
districts, and military installations concerning this state's |
|
participation in and compliance with the compact and compact |
|
activities, as required by Article VIII of the compact. |
|
(b) To the extent that the compact requires or authorizes a |
|
State Council created in accordance with Article VIII of the |
|
compact to perform a duty or function, the Texas Education Agency or |
|
the commissioner of education, as appropriate, shall perform that |
|
duty or function. |
|
SECTION 2. Section 25.005(a), Education Code, is amended to |
|
read as follows: |
|
(a) To facilitate the transfer of military personnel and |
|
their dependents to and from the public schools of this state, the |
|
agency shall pursue reciprocity agreements [with other states] |
|
governing the terms of those transfers with other states that are |
|
not parties to the Interstate Compact on Educational Opportunity |
|
for Military Children adopted under Chapter 162. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |