House File 214 - Enrolled




                                         HOUSE FILE 214

                             AN ACT
 ESTABLISHING THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY
    FOR MILITARY CHILDREN AND PROVIDING AN EFFECTIVE DATE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256G.1  INTERSTATE COMPACT OF
 EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.
    The interstate compact on educational opportunity for
 military children is enacted into law and entered into by this
 state with any other state or jurisdiction legally joining the
 compact in the form substantially as follows:
    1.  ARTICLE I == PURPOSE.  It is the purpose of this
 compact to remove barriers to educational success imposed on
 children of military families because of frequent moves and
 deployment of their parents by:
    a.  Facilitating the timely enrollment of children of
 military families and ensuring that they are not placed at a
 disadvantage due to difficulty in the transfer of education
 records from the previous school district or variations in
 entrance and age requirements.
    b.  Facilitating the student placement process through
 which children of military families are not disadvantaged by
 variations in attendance requirements, scheduling, sequencing,
 grading, course content, or assessment.
    c.  Facilitating the qualification and eligibility for
 enrollment, educational programs, and participation in
 extracurricular academic, athletic, and social activities.
    d.  Facilitating the on=time graduation of children of
 military families.
    e.  Providing for the promulgation and enforcement of
 administrative rules implementing the provisions of this
 compact.
    f.  Providing for the uniform collection and sharing of
 information between and among member states, schools, and
 military families under this compact.
    g.  Promoting coordination between this compact and other
 compacts affecting military children.
    h.  Promoting flexibility and cooperation between the
 educational system, parents, and the student in order to
 achieve educational success for the student.
    2.  ARTICLE II == DEFINITIONS.  As used in this compact,
 unless the context clearly requires a different construction:
    a.  "Active duty" means full=time duty status in the active
 uniformed service of the United States, including members of
 the national guard and reserve on active duty orders pursuant
 to 10 U.S.C. } 1209 and 1211.
    b.  "Children of military families" means a school=aged
 child, enrolled in kindergarten through twelfth grade, in the
 household of an active duty member.
    c.  "Compact commissioner" means the voting representative
 of each compacting state appointed pursuant to article VIII of
 this compact.
    d.  "Deployment" means the period one month prior to the
 service members' departure from their home station on military
 orders through six months after return to their home station.
    e.  "Education records" or "educational records" means
 those official records, files, and data directly related to a
 student and maintained by the school or local education
 agency, including but not limited to records encompassing all
 the material kept in the student's cumulative folder such as
 general identifying data, records of attendance and of
 academic work completed, records of achievement and results of
 evaluative tests, health data, disciplinary status, test
 protocols, and individualized education programs.
    f.  "Extracurricular activities" means a voluntary activity
 sponsored by the school or local education agency or an
 organization sanctioned by the local education agency.
 Extracurricular activities include but are not limited to
 preparation for and involvement in public performances,
 contests, athletic competitions, demonstrations, displays, and
 club activities.
    g.  "Interstate commission" means the commission on
 educational opportunity for military children that is created
 under article IX of this compact.
    h.  "Local education agency" means a public authority
 legally constituted by the state as an administrative agency
 to provide control of and direction for kindergarten through
 twelfth grade public educational institutions.
    i.  "Member state" means a state that has enacted this
 compact.
    j.  "Military installation" means a base, camp, post,
 station, yard, center, homeport facility for any ship, or
 other activity under the jurisdiction of the United States
 department of defense, including any leased facility, which is
 located within any state.  Such term does not include any
 facility used primarily for civil works, rivers and harbors
 projects, or flood control projects.
    k.  "Nonmember state" means a state that has not enacted
 this compact.
    l.  "Receiving state" means the state to which a child of a
 military family is sent, brought, or caused to be sent or
 brought.
    m.  "Rule" means a written statement by the interstate
 commission promulgated pursuant to article XII of this compact
 that is of general applicability, implements, interprets, or
 prescribes a policy or provision of the compact, or an
 organizational, procedural, or practice requirement of the
 interstate commission, and has the force and effect of
 statutory law in a member state, and includes the amendment,
 repeal, or suspension of an existing rule.
    n.  "Sending state" means the state from which a child of a
 military family is sent, brought, or caused to be sent or
 brought.
    o.  "State" means the same as defined in section 4.1.
    p.  "Student" means the child of a military family for whom
 the local education agency receives public funding and who is
 formally enrolled in kindergarten through twelfth grade.
    q.  "Transition" means the formal and physical process of
 transferring from school to school or the period of time in
 which a student moves from one school in the sending state to
 another school in the receiving state.
    r.  "Uniformed service" means the army, navy, air force,
 marine corps, coast guard, commissioned corps of the national
 oceanic and atmospheric administration, or commissioned corps
 of the public health services.
    s.  "Veteran" means a person who served in the uniformed
 services and who was discharged or released therefrom under
 conditions other than dishonorable.
    3.  ARTICLE III == APPLICABILITY.
    a.  Except as otherwise provided in paragraph "b", this
 compact shall apply to the children of:
    (1)  Active duty members of the uniformed services as
 defined in this compact, including members of the national
 guard and reserve on active duty orders pursuant to 10 U.S.C.
 } 1209 and 1211.
    (2)  Members or veterans of the uniformed services who are
 severely injured and medically discharged or retired for a
 period of one year after medical discharge or retirement.
    (3)  Members of the uniformed services who die on active
 duty or as a result of injuries sustained on active duty for a
 period of one year after death.
    b.  The provisions of this interstate compact shall only
 apply to local education agencies as defined in this compact.
    c.  The provisions of this compact shall not apply to the
 children of any of the following:
    (1)  Inactive members of the national guard and military
 reserves.
    (2)  Members of the uniformed services now retired, except
 as provided in paragraph "a".
    (3)  Veterans of the uniformed services, except as provided
 in paragraph "a".
    (4)  Other United States department of defense personnel
 and other federal agency civilian and contract employees not
 defined as active duty members of the uniformed services.
    4.  ARTICLE IV == EDUCATIONAL RECORDS AND ENROLLMENT.
    a.  UNOFFICIAL OR HAND=CARRIED EDUCATION RECORDS.  In the
 event that official education records cannot be released to
 the parents for the purpose of transfer, the custodian of the
 records in the sending state shall prepare and furnish to the
 parent a complete set of unofficial educational records
 containing uniform information as determined by the interstate
 commission.  Upon receipt of the unofficial education records
 by a school in the receiving state, the school shall enroll
 and appropriately place the student based on the information
 provided in the unofficial records pending validation by the
 official records, as quickly as possible.
    b.  OFFICIAL EDUCATION RECORDS OR TRANSCRIPTS.
 Simultaneous with the enrollment and conditional placement of
 the student, the school in the receiving state shall request
 the student's official education record from the school in the
 sending state.  Upon receipt of this request, the school in
 the sending state will process and furnish the official
 education records to the school in the receiving state within
 ten days or within such time as is reasonably determined under
 the rules promulgated by the interstate commission.
    c.  IMMUNIZATIONS.  Compacting states shall give students
 thirty days from the date of enrollment or such time as is
 reasonably determined under the rules promulgated by the
 interstate commission, to obtain any immunization required by
 the receiving state.  For a series of immunizations, initial
 vaccinations must be obtained within thirty days or within
 such time as is reasonably determined under the rules
 promulgated by the interstate commission.
    d.  KINDERGARTEN AND FIRST GRADE ENTRANCE AGE.  Students
 shall be allowed to continue their enrollment at grade level
 in the receiving state commensurate with their grade level,
 including kindergarten, from a local education agency in the
 sending state at the time of transition, regardless of age.  A
 student who has satisfactorily completed the prerequisite
 grade level in the local education agency in the sending state
 shall be eligible for enrollment in the next highest grade
 level in the receiving state, regardless of age.  A student
 transferring after the start of the school year in the
 receiving state shall enter the school in the receiving state
 on the student's validated level from an accredited school in
 the sending state.
    5.  ARTICLE V == PLACEMENT AND ATTENDANCE.
    a.  COURSE PLACEMENT.  When the student transfers before or
 during the school year, the receiving state school shall
 initially honor placement of the student in educational
 courses based on the student's enrollment in the sending state
 school or educational assessments conducted at the school in
 the sending state if the courses are offered, or both.  Course
 placement includes but is not limited to honors, international
 baccalaureate, advanced placement, vocational, technical, and
 career pathways courses.  Continuing the student's academic
 program from the previous school and promoting placement in
 academically and career challenging courses should be
 paramount when considering placement.  This does not preclude
 the school in the receiving state from performing subsequent
 evaluations to ensure appropriate placement and continued
 enrollment of the student in the course.
    b.  EDUCATIONAL PROGRAM PLACEMENT.  The receiving state
 school shall initially honor placement of the student in
 educational programs based on current educational assessments
 conducted at the school in the sending state or participation
 and placement in like programs in the sending state.  Such
 programs include but are not limited to gifted and talented
 programs and English as a second language programs.  This does
 not preclude the school in the receiving state from performing
 subsequent evaluations to ensure appropriate placement of the
 student.
    c.  SPECIAL EDUCATION SERVICES.  In compliance with the
 federal requirements of the Individuals with Disabilities
 Education Act, 20 U.S.C. } 1400 et seq., the receiving state
 shall initially provide comparable services to a student with
 disabilities based on the student's current individualized
 education program; and, in compliance with the requirements of
 section 504 of the Rehabilitation Act, 29 U.S.C. } 794, and
 with Title II of the Americans with Disabilities Act, 42
 U.S.C. } 12131=12165, the receiving state shall make
 reasonable accommodations and modifications to address the
 needs of incoming students with disabilities, subject to an
 existing section 504 or Title II plan, to provide the student
 with equal access to education.  This does not preclude the
 school in the receiving state from performing subsequent
 evaluations to ensure appropriate placement of the student.
    d.  PLACEMENT FLEXIBILITY.  Local education agency
 administrative officials shall have flexibility in waiving
 course and program prerequisites, or other preconditions for
 placement in courses and programs offered under the
 jurisdiction of the local education agency.
    e.  ABSENCE AS RELATED TO DEPLOYMENT ACTIVITIES.  A student
 whose parent or legal guardian is an active duty member of the
 uniformed services, as defined by this compact, and has been
 called to duty for, is on leave from, or immediately returned
 from deployment to a combat zone or combat support posting,
 shall be granted additional excused absences at the discretion
 of the local education agency superintendent to visit with the
 student's parent or legal guardian relative to such leave or
 deployment of the parent or guardian.
    6.  ARTICLE VI == ELIGIBILITY.
    a.  ELIGIBILITY FOR ENROLLMENT.
    (1)  Special power of attorney, relative to the
 guardianship of a child of a military family and executed
 under applicable law shall be sufficient for the purposes of
 enrollment and all other actions requiring parental
 participation and consent.
    (2)  A local education agency shall be prohibited from
 charging local tuition to a transitioning military child
 placed in the care of a noncustodial parent or other person
 standing in loco parentis who lives in a jurisdiction other
 than that of the custodial parent.
    (3)  A transitioning military child, placed in the care of
 a noncustodial parent or other person standing in loco
 parentis who lives in a jurisdiction other than that of the
 custodial parent, may continue to attend the school in which
 the child was enrolled while residing with the custodial
 parent.
    b.  ELIGIBILITY FOR EXTRACURRICULAR PARTICIPATION.  State
 and local education agencies shall facilitate the opportunity
 for transitioning military children's inclusion in
 extracurricular activities, regardless of application
 deadlines, to the extent they are otherwise qualified.
    7.  ARTICLE VII == GRADUATION.  In order to facilitate the
 on=time graduation of children of military families, states
 and local education agencies shall incorporate the following
 procedures:
    a.  WAIVER REQUIREMENTS.  Local education agency
 administrative officials shall waive specific courses required
 for graduation if similar course work has been satisfactorily
 completed in another local education agency or shall provide
 reasonable justification for denial.  Should a waiver not be
 granted to a student who would qualify to graduate from the
 sending school, the local education agency shall provide an
 alternative means of acquiring required coursework so that
 graduation may occur on time.
    b.  EXIT EXAMS.
    (1)  States shall accept any of the following in lieu of
 testing requirements for graduation in the receiving state:
    (a)  Exit or end=of=course exams required for graduation
 from the sending state.
    (b)  National norm=referenced achievement tests.
    (c)  Alternative testing.
    (2)  In the event the above alternatives cannot be
 accommodated by the receiving state for a student transferring
 in the student's senior year, then the provisions of paragraph
 "c" shall apply.
    c.  TRANSFERS DURING SENIOR YEAR.  Should a military
 student transferring at the beginning or during the student's
 senior year be ineligible to graduate from the receiving local
 education agency after all alternatives have been considered,
 the sending and receiving local education agencies shall
 ensure the receipt of a diploma from the sending local
 education agency, if the student meets the graduation
 requirements of the sending local education agency.  In the
 event that one of the states in question is not a member of
 this compact, the member state shall use best efforts to
 facilitate the on=time graduation of the student in accordance
 with paragraphs "a" and "b".
    8.  ARTICLE VIII == STATE COORDINATION.
    a.  Each member state shall, through the creation of a
 state council or use of an existing body or board, provide for
 the coordination among its agencies of government, local
 education agencies and military installations concerning the
 state's participation in, and compliance with, this compact
 and interstate commission activities.  While each member state
 may determine the membership of its own state council, its
 membership must include at least:  the director of the
 department of education, superintendent of a school district
 with a high concentration of military children, representative
 from a military installation, one representative each from the
 legislative and executive branches of government, and other
 offices and stakeholder groups the state council deems
 appropriate.  A member state that does not have a school
 district deemed to contain a high concentration of military
 children may appoint a superintendent from another school
 district to represent local education agencies on the state
 council.
    b.  The state council of each member state shall appoint or
 designate a military family education liaison to assist
 military families and the state in facilitating the
 implementation of this compact.
    c.  The compact commissioner responsible for the
 administration and management of the state's participation in
 this compact shall be appointed by the governor or as
 otherwise determined by each member state.
    d.  The compact commissioner and the military family
 education liaison designated in sections 256G.2 and 256G.3
 shall be ex officio members of the state council, unless
 either is already a full voting member of the state council.
    9.  ARTICLE IX == INTERSTATE COMMISSION ON EDUCATIONAL
 OPPORTUNITY FOR MILITARY CHILDREN.  The member states hereby
 create the interstate commission on educational opportunity
 for military children.  The activities of the interstate
 commission are the formation of public policy and are a
 discretionary state function.  The interstate commission
 shall:
    a.  Be a body corporate and joint agency of the member
 states and shall have all the responsibilities, powers, and
 duties set forth herein, and such additional powers as may be
 conferred upon it by a subsequent concurrent action of the
 respective legislatures of the member states in accordance
 with the terms of this compact.
    b.  Consist of one interstate commission voting
 representative from each member state who shall be that
 state's compact commissioner.
    (1)  Each member state represented at a meeting of the
 interstate commission is entitled to one vote.
    (2)  A majority of the total member states shall constitute
 a quorum for the transaction of business, unless a larger
 quorum is required by the bylaws of the interstate commission.
    (3)  A representative shall not delegate a vote to another
 member state.  In the event the compact commissioner is unable
 to attend a meeting of the interstate commission, the governor
 or state council may delegate voting authority to another
 person from the compact commissioner's state for a specified
 meeting.
    (4)  The bylaws may provide for meetings of the interstate
 commission to be conducted by telecommunication or electronic
 communication.
    c.  Consist of ex officio, nonvoting representatives who
 are members of interested organizations.  Such ex officio
 members, as defined in the bylaws may include but not be
 limited to members of the representative organizations of
 military family advocates, local education agency officials,
 parent and teacher groups, the United States department of
 defense, the education commission of the states, the
 interstate agreement on the qualification of educational
 personnel and other interstate compacts affecting the
 education of children of military members.
    d.  Meet at least once each calendar year.  The chairperson
 may call additional meetings and, upon the request of a simple
 majority of the member states, shall call additional meetings.
    e.  Establish an executive committee, whose members shall
 include the officers of the interstate commission and such
 other members of the interstate commission as determined by
 the bylaws.  Members of the executive committee shall serve a
 one=year term.  Members of the executive committee shall be
 entitled to one vote each.  The executive committee shall have
 the power to act on behalf of the interstate commission, with
 the exception of rulemaking, during periods when the
 interstate commission is not in session.  The executive
 committee shall oversee the day=to=day activities of the
 administration of this compact including enforcement and
 compliance with the provisions of this compact, its bylaws and
 rules, and other such duties as deemed necessary.  The United
 States department of defense, shall serve as an ex officio,
 nonvoting member of the executive committee.
    f.  Establish bylaws and rules that provide for conditions
 and procedures under which the interstate commission shall
 make its information and official records available to the
 public for inspection or copying.  The interstate commission
 may exempt from disclosure information or official records to
 the extent disclosure would adversely affect personal privacy
 rights or proprietary interests.
    g.  Give public notice of all meetings and all meetings
 shall be open to the public, except as set forth in the rules
 or as otherwise provided in this compact.  The interstate
 commission and its committees may close a meeting, or portion
 thereof, where it determines by two=thirds vote that an open
 meeting would likely do any of the following:
    (1)  Relate solely to the interstate commission's internal
 personnel practices and procedures.
    (2)  Disclose matters specifically exempted from disclosure
 by federal and state statute.
    (3)  Disclose trade secrets or commercial or financial
 information which is privileged or confidential.
    (4)  Involve accusing a person of a crime, or formally
 censuring a person.
    (5)  Disclose information of a personal nature where
 disclosure would constitute a clearly unwarranted invasion of
 personal privacy.
    (6)  Disclose investigative records compiled for law
 enforcement purposes.
    (7)  Specifically relate to the interstate commission's
 participation in a civil action or other legal proceeding.
    h.  Cause its legal counsel or designee to certify that a
 meeting may be closed and shall reference each relevant
 exemptible provision for any meeting, or portion of a meeting,
 which is closed pursuant to this provision.  The interstate
 commission shall keep minutes which shall fully and clearly
 describe all matters discussed in a meeting and shall provide
 a full and accurate summary of actions taken, and the reasons
 therefore, including a description of the views expressed and
 the record of a roll call vote.  All documents considered in
 connection with an action shall be identified in such minutes.
 All minutes and documents of a closed meeting shall remain
 under seal, subject to release by a majority vote of the
 interstate commission.
    i.  Collect standardized data concerning the educational
 transition of the children of military families under this
 compact as directed through its rules which shall specify the
 data to be collected, the means of collection, and data
 exchange and reporting requirements.  Such methods of data
 collection, exchange, and reporting shall, in so far as is
 reasonably possible, conform to current technology and
 coordinate its information functions with the appropriate
 custodian of records as identified in the bylaws and rules.
    j.  Create a process that permits military officials,
 education officials, and parents to inform the interstate
 commission if and when there are alleged violations of this
 compact or its rules or when issues subject to the
 jurisdiction of this compact or its rules are not addressed by
 the state or local education agency.  This section shall not
 be construed to create a private right of action against the
 interstate commission or any member state.
    10.  ARTICLE X == POWERS AND DUTIES OF THE INTERSTATE
 COMMISSION.  The interstate commission shall have the
 following powers:
    a.  To provide for dispute resolution among member states.
    b.  To promulgate rules and take all necessary actions to
 effect the goals, purposes, and obligations as enumerated in
 this compact.  The rules shall have the force and effect of
 statutory law and shall be binding in the compact states to
 the extent and in the manner provided in this compact.
    c.  To issue, upon request of a member state, advisory
 opinions concerning the meaning or interpretation of this
 compact, its bylaws, rules, and actions.
    d.  To enforce compliance with the compact provisions, the
 rules promulgated by the interstate commission, and the
 bylaws, using all necessary and proper means, including but
 not limited to the use of judicial process.
    e.  To establish and maintain offices which shall be
 located within one or more of the member states.
    f.  To purchase and maintain insurance and bonds.
    g.  To borrow, accept, hire, or contract for services of
 personnel.
    h.  To establish and appoint committees including but not
 limited to an executive committee as required by article IX of
 this compact which shall have the power to act on behalf of
 the interstate commission in carrying out its powers and
 duties under this compact.
    i.  To elect or appoint such officers, attorneys,
 employees, agents, or consultants, and to fix their
 compensation, define their duties, and determine their
 qualifications; and to establish the interstate commission's
 personnel policies and programs relating to conflicts of
 interest, rates of compensation, and qualifications of
 personnel.
    j.  To accept any and all donations and grants of money,
 equipment, supplies, materials, and services, and to receive,
 utilize, and dispose of it.
    k.  To lease, purchase, accept contributions or donations
 of, or otherwise to own, hold, improve, or use any property,
 real, personal, or mixed.
    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 this 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.
    11.  ARTICLE XI == ORGANIZATION AND OPERATION OF THE
 INTERSTATE COMMISSION.
    a.  The interstate commission shall, by a majority of the
 members present and voting, within twelve 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 this 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 this compact after the
 payment and reserving of all of its debts and obligations.
    (7)  Providing start=up rules for initial administration of
 this 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.  (1)  The executive committee shall have such authority
 and duties as may be set forth in the bylaws, including but
 not limited to the following:
    (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.
    (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 willful 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 shall 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 paragraph "d" shall be construed to protect such person
 from suit or liability for damage, loss, injury, or liability
 caused by the intentional or willful 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 willful
 and wanton misconduct on the part of such person.
    (3)  To the extent not covered by the state involved,
 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 willful and wanton misconduct on the part of
 such persons.
    12.  ARTICLE XII == RULEMAKING FUNCTIONS OF THE INTERSTATE
 COMMISSION.
    a.  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 compact, or the powers granted under this compact,
 then such an action by the interstate commission shall be
 invalid and have no force or effect.
    b.  Rules shall be made pursuant to a rulemaking process
 that substantially conforms to the model state administrative
 procedure Act of 1981, uniform laws annotated, as amended, as
 may be appropriate to the operations of the interstate
 commission.
    c.  Not later than thirty 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 this compact, then such rule
 shall have no further force and effect in any compacting
 state.
    13.  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 this compact's purposes and intent.  The
 provisions of this compact and the rules promulgated under
 this compact shall have standing as statutory law.
    (2)  All courts shall take judicial notice of this 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.
    (1)  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:
    (a)  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.
    (b)  Provide remedial training and specific technical
 assistance regarding the default.
    (2)  If the defaulting state fails to cure the default, the
 defaulting state shall be terminated from this 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.
    (3)  Suspension or termination of membership in this
 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.
    (4)  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.
    (5)  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.
    (6)  The defaulting state may appeal the action of the
 interstate commission by petitioning the United States
 district court for the District of Columbia or the federal
 district where the interstate commission has its principal
 offices.  The prevailing party shall be awarded all costs of
 such litigation including reasonable attorney's fees.
    c.  DISPUTE RESOLUTION.
    (1)  The interstate commission shall attempt, upon the
 request of a member state, to resolve disputes which are
 subject to this compact and which may arise among member
 states and between member and nonmember 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 United States district
 court for the District of Columbia or, at the discretion of
 the interstate commission, in the federal district where the
 interstate commission has its principal offices, to enforce
 compliance with the provisions of this 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 in this compact 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.
    14.  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 by 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.
    15.  ARTICLE XV == MEMBER STATES, EFFECTIVE DATE, AND
 AMENDMENT.
    a.  Any state is eligible to become a member state.
    b.  This compact shall become effective and binding upon
 legislative enactment of this compact into law by no less than
 ten 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
 this compact into law by that state.  The governors of
 nonmember states or their designees shall be invited to
 participate in the activities of the interstate commission on
 a nonvoting basis prior to adoption of this compact by all
 states.
    c.  The interstate commission may propose amendments to
 this compact for enactment by the member states.  An amendment
 shall not 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.
    16.  ARTICLE XVI == WITHDRAWAL AND DISSOLUTION.
    a.  WITHDRAWAL.
    (1)  Once effective, this compact shall continue in force
 and remain binding upon each and every member state; provided
 that a member state may withdraw from this compact by
 specifically repealing the statute which enacted this 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 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 days of its receipt of the notice.
    (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 this 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 this compact to one member state.
    (2)  Upon the dissolution of this compact, this 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.
    17.  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.
    18.  ARTICLE XVIII == BINDING EFFECT OF COMPACT AND OTHER
 LAWS.
    a.  OTHER LAWS.
    (1)  Nothing in this compact 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. 2.  NEW SECTION.  256G.2  COUNCIL ON EDUCATIONAL
 OPPORTUNITY FOR MILITARY CHILDREN.
    1.  A council on educational opportunity for military
 children is created to provide advice and recommendations
 regarding this state's participation in and compliance with
 the interstate compact on educational opportunity for military
 children in accordance with section 256G.1.
    2.  The council shall consist of the following seven
 members:
    a.  The director of the department of education or the
 director's designee.
    b.  The superintendent, or the superintendent's designee,
 for the school district with the highest percentage per capita
 of military children during the previous school year.
    c.  Two members appointed by the governor, one of whom
 shall represent a military installation located within this
 state and one of whom shall represent the executive branch and
 possess experience in assisting military families in obtaining
 educational services for their children.  The term of each
 member appointed under this paragraph shall be for four years,
 except that, in order to provide for staggered terms, the
 governor shall initially appoint one member to a term of two
 years and one member to a term of three years.
    d.  One member appointed jointly by the president of the
 senate and the speaker of the house of representatives as
 provided in sections 2.32A and 69.16B.
    e.  The compact commissioner appointed pursuant to section
 256G.3 and the military family education liaison appointed in
 accordance with subsection 4, shall serve as nonvoting, ex
 officio members of the council unless already appointed to the
 council as voting members.  The compact commissioner and the
 military family education liaison shall serve at the pleasure
 of the governor.
    3.  Nonlegislative members of the council shall serve
 without compensation, but shall receive their actual and
 necessary expenses and travel incurred in the performance of
 their duties.  Vacancies on the commission shall be filled for
 the unexpired portion of the term in the same manner as the
 original appointments.
    4.  The council shall appoint a military family education
 liaison pursuant to section 256G.1, article VIII of the
 interstate compact on educational opportunity for military
 children, to assist military families and the state in
 facilitating the implementation of this compact.
    5.  The council shall comply with the requirements of
 chapters 21 and 22.
    6.  The department of education shall provide
 administrative support to the council.
    Sec. 3.  NEW SECTION.  256G.3  COMPACT COMMISSIONER ==
 APPOINTMENT.
    In accordance with section 256G.1, article VIII of the
 interstate compact on educational opportunity for military
 children, the governor shall designate a compact commissioner,
 who shall serve at the pleasure of the governor and who shall
 be responsible for the administration and management of this
 state's participation in the compact and shall serve as this
 state's voting representative on the interstate commission on
 educational opportunity for military children as provided in
 section 256G.1, article IX of the compact.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
 immediate importance, takes effect upon enactment.


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House


                                                             
                               JOHN P. KIBBIE
                               President of the Senate

    I hereby certify that this bill originated in the House and
 is known as House File 214, Eighty=third General Assembly.


                                                             
                               MARK BRANDSGARD
                               Chief Clerk of the House
 Approved                , 2009


                            
 CHESTER J. CULVER
 Governor

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