House File 29 



                                       HOUSE FILE       
                                       BY  ZIRKELBACH and BAILEY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing the interstate compact on educational
  2    opportunity for military children and providing an effective
  3    date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1182HH 83
  6 kh/rj/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  256G.1  INTERSTATE COMPACT OF
  1  2 EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.
  1  3    The interstate compact on educational opportunity for
  1  4 military children is enacted into law and entered into by this
  1  5 state with any other state or jurisdiction legally joining the
  1  6 compact in the form substantially as follows:
  1  7    1.  ARTICLE I == PURPOSE.  It is the purpose of this
  1  8 compact to remove barriers to educational success imposed on
  1  9 children of military families because of frequent moves and
  1 10 deployment of their parents by:
  1 11    a.  Facilitating the timely enrollment of children of
  1 12 military families and ensuring that they are not placed at a
  1 13 disadvantage due to difficulty in the transfer of education
  1 14 records from the previous school district or variations in
  1 15 entrance and age requirements.
  1 16    b.  Facilitating the student placement process through
  1 17 which children of military families are not disadvantaged by
  1 18 variations in attendance requirements, scheduling, sequencing,
  1 19 grading, course content, or assessment.
  1 20    c.  Facilitating the qualification and eligibility for
  1 21 enrollment, educational programs, and participation in
  1 22 extracurricular academic, athletic, and social activities.
  1 23    d.  Facilitating the on=time graduation of children of
  1 24 military families.
  1 25    e.  Providing for the promulgation and enforcement of
  1 26 administrative rules implementing the provisions of this
  1 27 compact.
  1 28    f.  Providing for the uniform collection and sharing of
  1 29 information between and among member states, schools, and
  1 30 military families under this compact.
  1 31    g.  Promoting coordination between this compact and other
  1 32 compacts affecting military children.
  1 33    h.  Promoting flexibility and cooperation between the
  1 34 educational system, parents, and the student in order to
  1 35 achieve educational success for the student.
  2  1    2.  ARTICLE II == DEFINITIONS.  As used in this compact,
  2  2 unless the context clearly requires a different construction:
  2  3    a.  "Active duty" means full=time duty status in the active
  2  4 uniformed service of the United States, including members of
  2  5 the national guard and reserve on active duty orders pursuant
  2  6 to 10 U.S.C. } 1209 and 1211.
  2  7    b.  "Children of military families" means a school=aged
  2  8 child, enrolled in kindergarten through twelfth grade, in the
  2  9 household of an active duty member.
  2 10    c.  "Compact commissioner" means the voting representative
  2 11 of each compacting state appointed pursuant to article VIII of
  2 12 this compact.
  2 13    d.  "Deployment" means the period one month prior to the
  2 14 service members' departure from their home station on military
  2 15 orders through six months after return to their home station.
  2 16    e.  "Education records" or "educational records" means
  2 17 those official records, files, and data directly related to a
  2 18 student and maintained by the school or local education
  2 19 agency, including but not limited to records encompassing all
  2 20 the material kept in the student's cumulative folder such as
  2 21 general identifying data, records of attendance and of
  2 22 academic work completed, records of achievement and results of
  2 23 evaluative tests, health data, disciplinary status, test
  2 24 protocols, and individualized education programs.
  2 25    f.  "Extracurricular activities" means a voluntary activity
  2 26 sponsored by the school or local education agency or an
  2 27 organization sanctioned by the local education agency.
  2 28 Extracurricular activities include but are not limited to
  2 29 preparation for and involvement in public performances,
  2 30 contests, athletic competitions, demonstrations, displays, and
  2 31 club activities.
  2 32    g.  "Interstate commission" means the commission on
  2 33 educational opportunity for military children that is created
  2 34 under article IX of this compact.
  2 35    h.  "Local education agency" means a public authority
  3  1 legally constituted by the state as an administrative agency
  3  2 to provide control of and direction for kindergarten through
  3  3 twelfth grade public educational institutions.
  3  4    i.  "Member state" means a state that has enacted this
  3  5 compact.
  3  6    j.  "Military installation" means a base, camp, post,
  3  7 station, yard, center, homeport facility for any ship, or
  3  8 other activity under the jurisdiction of the United States
  3  9 department of defense, including any leased facility, which is
  3 10 located within any state.  Such term does not include any
  3 11 facility used primarily for civil works, rivers and harbors
  3 12 projects, or flood control projects.
  3 13    k.  "Nonmember state" means a state that has not enacted
  3 14 this compact.
  3 15    l.  "Receiving state" means the state to which a child of a
  3 16 military family is sent, brought, or caused to be sent or
  3 17 brought.
  3 18    m.  "Rule" means a written statement by the interstate
  3 19 commission promulgated pursuant to article XII of this compact
  3 20 that is of general applicability, implements, interprets, or
  3 21 prescribes a policy or provision of the compact, or an
  3 22 organizational, procedural, or practice requirement of the
  3 23 interstate commission, and has the force and effect of
  3 24 statutory law in a member state, and includes the amendment,
  3 25 repeal, or suspension of an existing rule.
  3 26    n.  "Sending state" means the state from which a child of a
  3 27 military family is sent, brought, or caused to be sent or
  3 28 brought.
  3 29    o.  "State" means the same as defined in section 4.1.
  3 30    p.  "Student" means the child of a military family for whom
  3 31 the local education agency receives public funding and who is
  3 32 formally enrolled in kindergarten through twelfth grade.
  3 33    q.  "Transition" means the formal and physical process of
  3 34 transferring from school to school or the period of time in
  3 35 which a student moves from one school in the sending state to
  4  1 another school in the receiving state.
  4  2    r.  "Uniformed service" means the army, navy, air force,
  4  3 marine corps, coast guard, commissioned corps of the national
  4  4 oceanic and atmospheric administration, or commissioned corps
  4  5 of the public health services.
  4  6    s.  "Veteran" means a person who served in the uniformed
  4  7 services and who was discharged or released therefrom under
  4  8 conditions other than dishonorable.
  4  9    3.  ARTICLE III == APPLICABILITY.
  4 10    a.  Except as otherwise provided in paragraph "b", this
  4 11 compact shall apply to the children of:
  4 12    (1)  Active duty members of the uniformed services as
  4 13 defined in this compact, including members of the national
  4 14 guard and reserve on active duty orders pursuant to 10 U.S.C.
  4 15 } 1209 and 1211.
  4 16    (2)  Members or veterans of the uniformed services who are
  4 17 severely injured and medically discharged or retired for a
  4 18 period of one year after medical discharge or retirement.
  4 19    (3)  Members of the uniformed services who die on active
  4 20 duty or as a result of injuries sustained on active duty for a
  4 21 period of one year after death.
  4 22    b.  The provisions of this interstate compact shall only
  4 23 apply to local education agencies as defined in this compact.
  4 24    c.  The provisions of this compact shall not apply to the
  4 25 children of any of the following:
  4 26    (1)  Inactive members of the national guard and military
  4 27 reserves.
  4 28    (2)  Members of the uniformed services now retired, except
  4 29 as provided in paragraph "a".
  4 30    (3)  Veterans of the uniformed services, except as provided
  4 31 in paragraph "a".
  4 32    (4)  Other United States department of defense personnel
  4 33 and other federal agency civilian and contract employees not
  4 34 defined as active duty members of the uniformed services.
  4 35    4.  ARTICLE IV == EDUCATIONAL RECORDS AND ENROLLMENT.
  5  1    a.  UNOFFICIAL OR HAND=CARRIED EDUCATION RECORDS.  In the
  5  2 event that official education records cannot be released to
  5  3 the parents for the purpose of transfer, the custodian of the
  5  4 records in the sending state shall prepare and furnish to the
  5  5 parent a complete set of unofficial educational records
  5  6 containing uniform information as determined by the interstate
  5  7 commission.  Upon receipt of the unofficial education records
  5  8 by a school in the receiving state, the school shall enroll
  5  9 and appropriately place the student based on the information
  5 10 provided in the unofficial records pending validation by the
  5 11 official records, as quickly as possible.
  5 12    b.  OFFICIAL EDUCATION RECORDS OR TRANSCRIPTS.
  5 13 Simultaneous with the enrollment and conditional placement of
  5 14 the student, the school in the receiving state shall request
  5 15 the student's official education record from the school in the
  5 16 sending state.  Upon receipt of this request, the school in
  5 17 the sending state will process and furnish the official
  5 18 education records to the school in the receiving state within
  5 19 ten days or within such time as is reasonably determined under
  5 20 the rules promulgated by the interstate commission.
  5 21    c.  IMMUNIZATIONS.  Compacting states shall give students
  5 22 thirty days from the date of enrollment or such time as is
  5 23 reasonably determined under the rules promulgated by the
  5 24 interstate commission, to obtain any immunization required by
  5 25 the receiving state.  For a series of immunizations, initial
  5 26 vaccinations must be obtained within thirty days or within
  5 27 such time as is reasonably determined under the rules
  5 28 promulgated by the interstate commission.
  5 29    d.  KINDERGARTEN AND FIRST GRADE ENTRANCE AGE.  Students
  5 30 shall be allowed to continue their enrollment at grade level
  5 31 in the receiving state commensurate with their grade level,
  5 32 including kindergarten, from a local education agency in the
  5 33 sending state at the time of transition, regardless of age.  A
  5 34 student who has satisfactorily completed the prerequisite
  5 35 grade level in the local education agency in the sending state
  6  1 shall be eligible for enrollment in the next highest grade
  6  2 level in the receiving state, regardless of age.  A student
  6  3 transferring after the start of the school year in the
  6  4 receiving state shall enter the school in the receiving state
  6  5 on the student's validated level from an accredited school in
  6  6 the sending state.
  6  7    5.  ARTICLE V == PLACEMENT AND ATTENDANCE.
  6  8    a.  COURSE PLACEMENT.  When the student transfers before or
  6  9 during the school year, the receiving state school shall
  6 10 initially honor placement of the student in educational
  6 11 courses based on the student's enrollment in the sending state
  6 12 school or educational assessments conducted at the school in
  6 13 the sending state if the courses are offered, or both.  Course
  6 14 placement includes but is not limited to honors, international
  6 15 baccalaureate, advanced placement, vocational, technical, and
  6 16 career pathways courses.  Continuing the student's academic
  6 17 program from the previous school and promoting placement in
  6 18 academically and career challenging courses should be
  6 19 paramount when considering placement.  This does not preclude
  6 20 the school in the receiving state from performing subsequent
  6 21 evaluations to ensure appropriate placement and continued
  6 22 enrollment of the student in the course.
  6 23    b.  EDUCATIONAL PROGRAM PLACEMENT.  The receiving state
  6 24 school shall initially honor placement of the student in
  6 25 educational programs based on current educational assessments
  6 26 conducted at the school in the sending state or participation
  6 27 and placement in like programs in the sending state.  Such
  6 28 programs include but are not limited to gifted and talented
  6 29 programs and English as a second language programs.  This does
  6 30 not preclude the school in the receiving state from performing
  6 31 subsequent evaluations to ensure appropriate placement of the
  6 32 student.
  6 33    c.  SPECIAL EDUCATION SERVICES.  In compliance with the
  6 34 federal requirements of the Individuals with Disabilities
  6 35 Education Act, 20 U.S.C. } 1400 et seq., the receiving state
  7  1 shall initially provide comparable services to a student with
  7  2 disabilities based on the student's current individualized
  7  3 education program; and, in compliance with the requirements of
  7  4 section 504 of the Rehabilitation Act, 29 U.S.C. } 794, and
  7  5 with Title II of the Americans with Disabilities Act, 42
  7  6 U.S.C. } 12131=12165, the receiving state shall make
  7  7 reasonable accommodations and modifications to address the
  7  8 needs of incoming students with disabilities, subject to an
  7  9 existing section 504 or Title II plan, to provide the student
  7 10 with equal access to education.  This does not preclude the
  7 11 school in the receiving state from performing subsequent
  7 12 evaluations to ensure appropriate placement of the student.
  7 13    d.  PLACEMENT FLEXIBILITY.  Local education agency
  7 14 administrative officials shall have flexibility in waiving
  7 15 course and program prerequisites, or other preconditions for
  7 16 placement in courses and programs offered under the
  7 17 jurisdiction of the local education agency.
  7 18    e.  ABSENCE AS RELATED TO DEPLOYMENT ACTIVITIES.  A student
  7 19 whose parent or legal guardian is an active duty member of the
  7 20 uniformed services, as defined by this compact, and has been
  7 21 called to duty for, is on leave from, or immediately returned
  7 22 from deployment to a combat zone or combat support posting,
  7 23 shall be granted additional excused absences at the discretion
  7 24 of the local education agency superintendent to visit with the
  7 25 student's parent or legal guardian relative to such leave or
  7 26 deployment of the parent or guardian.
  7 27    6.  ARTICLE VI == ELIGIBILITY.
  7 28    a.  ELIGIBILITY FOR ENROLLMENT.
  7 29    (1)  Special power of attorney, relative to the
  7 30 guardianship of a child of a military family and executed
  7 31 under applicable law shall be sufficient for the purposes of
  7 32 enrollment and all other actions requiring parental
  7 33 participation and consent.
  7 34    (2)  A local education agency shall be prohibited from
  7 35 charging local tuition to a transitioning military child
  8  1 placed in the care of a noncustodial parent or other person
  8  2 standing in loco parentis who lives in a jurisdiction other
  8  3 than that of the custodial parent.
  8  4    (3)  A transitioning military child, placed in the care of
  8  5 a noncustodial parent or other person standing in loco
  8  6 parentis who lives in a jurisdiction other than that of the
  8  7 custodial parent, may continue to attend the school in which
  8  8 the child was enrolled while residing with the custodial
  8  9 parent.
  8 10    b.  ELIGIBILITY FOR EXTRACURRICULAR PARTICIPATION.  State
  8 11 and local education agencies shall facilitate the opportunity
  8 12 for transitioning military children's inclusion in
  8 13 extracurricular activities, regardless of application
  8 14 deadlines, to the extent they are otherwise qualified.
  8 15    7.  ARTICLE VII == GRADUATION.  In order to facilitate the
  8 16 on=time graduation of children of military families, states
  8 17 and local education agencies shall incorporate the following
  8 18 procedures:
  8 19    a.  WAIVER REQUIREMENTS.  Local education agency
  8 20 administrative officials shall waive specific courses required
  8 21 for graduation if similar course work has been satisfactorily
  8 22 completed in another local education agency or shall provide
  8 23 reasonable justification for denial.  Should a waiver not be
  8 24 granted to a student who would qualify to graduate from the
  8 25 sending school, the local education agency shall provide an
  8 26 alternative means of acquiring required coursework so that
  8 27 graduation may occur on time.
  8 28    b.  EXIT EXAMS.
  8 29    (1)  States shall accept any of the following in lieu of
  8 30 testing requirements for graduation in the receiving state:
  8 31    (a)  Exit or end=of=course exams required for graduation
  8 32 from the sending state.
  8 33    (b)  National norm=referenced achievement tests.
  8 34    (c)  Alternative testing.
  8 35    (2)  In the event the above alternatives cannot be
  9  1 accommodated by the receiving state for a student transferring
  9  2 in the student's senior year, then the provisions of paragraph
  9  3 "c" shall apply.
  9  4    c.  TRANSFERS DURING SENIOR YEAR.  Should a military
  9  5 student transferring at the beginning or during the student's
  9  6 senior year be ineligible to graduate from the receiving local
  9  7 education agency after all alternatives have been considered,
  9  8 the sending and receiving local education agencies shall
  9  9 ensure the receipt of a diploma from the sending local
  9 10 education agency, if the student meets the graduation
  9 11 requirements of the sending local education agency.  In the
  9 12 event that one of the states in question is not a member of
  9 13 this compact, the member state shall use best efforts to
  9 14 facilitate the on=time graduation of the student in accordance
  9 15 with paragraphs "a" and "b".
  9 16    8.  ARTICLE VIII == STATE COORDINATION.
  9 17    a.  Each member state shall, through the creation of a
  9 18 state council or use of an existing body or board, provide for
  9 19 the coordination among its agencies of government, local
  9 20 education agencies and military installations concerning the
  9 21 state's participation in, and compliance with, this compact
  9 22 and interstate commission activities.  While each member state
  9 23 may determine the membership of its own state council, its
  9 24 membership must include at least:  the director of the
  9 25 department of education, superintendent of a school district
  9 26 with a high concentration of military children, representative
  9 27 from a military installation, one representative each from the
  9 28 legislative and executive branches of government, and other
  9 29 offices and stakeholder groups the state council deems
  9 30 appropriate.  A member state that does not have a school
  9 31 district deemed to contain a high concentration of military
  9 32 children may appoint a superintendent from another school
  9 33 district to represent local education agencies on the state
  9 34 council.
  9 35    b.  The state council of each member state shall appoint or
 10  1 designate a military family education liaison to assist
 10  2 military families and the state in facilitating the
 10  3 implementation of this compact.
 10  4    c.  The compact commissioner responsible for the
 10  5 administration and management of the state's participation in
 10  6 this compact shall be appointed by the governor or as
 10  7 otherwise determined by each member state.
 10  8    d.  The compact commissioner and the military family
 10  9 education liaison designated in sections 256G.2 and 256G.3
 10 10 shall be ex officio members of the state council, unless
 10 11 either is already a full voting member of the state council.
 10 12    9.  ARTICLE IX == INTERSTATE COMMISSION ON EDUCATIONAL
 10 13 OPPORTUNITY FOR MILITARY CHILDREN.  The member states hereby
 10 14 create the interstate commission on educational opportunity
 10 15 for military children.  The activities of the interstate
 10 16 commission are the formation of public policy and are a
 10 17 discretionary state function.  The interstate commission
 10 18 shall:
 10 19    a.  Be a body corporate and joint agency of the member
 10 20 states and shall have all the responsibilities, powers, and
 10 21 duties set forth herein, and such additional powers as may be
 10 22 conferred upon it by a subsequent concurrent action of the
 10 23 respective legislatures of the member states in accordance
 10 24 with the terms of this compact.
 10 25    b.  Consist of one interstate commission voting
 10 26 representative from each member state who shall be that
 10 27 state's compact commissioner.
 10 28    (1)  Each member state represented at a meeting of the
 10 29 interstate commission is entitled to one vote.
 10 30    (2)  A majority of the total member states shall constitute
 10 31 a quorum for the transaction of business, unless a larger
 10 32 quorum is required by the bylaws of the interstate commission.
 10 33    (3)  A representative shall not delegate a vote to another
 10 34 member state.  In the event the compact commissioner is unable
 10 35 to attend a meeting of the interstate commission, the governor
 11  1 or state council may delegate voting authority to another
 11  2 person from the compact commissioner's state for a specified
 11  3 meeting.
 11  4    (4)  The bylaws may provide for meetings of the interstate
 11  5 commission to be conducted by telecommunication or electronic
 11  6 communication.
 11  7    c.  Consist of ex officio, nonvoting representatives who
 11  8 are members of interested organizations.   Such ex officio
 11  9 members, as defined in the bylaws may include but not be
 11 10 limited to members of the representative organizations of
 11 11 military family advocates, local education agency officials,
 11 12 parent and teacher groups, the United States department of
 11 13 defense, the education commission of the states, the
 11 14 interstate agreement on the qualification of educational
 11 15 personnel and other interstate compacts affecting the
 11 16 education of children of military members.
 11 17    d.  Meet at least once each calendar year.  The chairperson
 11 18 may call additional meetings and, upon the request of a simple
 11 19 majority of the member states, shall call additional meetings.
 11 20    e.  Establish an executive committee, whose members shall
 11 21 include the officers of the interstate commission and such
 11 22 other members of the interstate commission as determined by
 11 23 the bylaws.  Members of the executive committee shall serve a
 11 24 one=year term.  Members of the executive committee shall be
 11 25 entitled to one vote each.  The executive committee shall have
 11 26 the power to act on behalf of the interstate commission, with
 11 27 the exception of rulemaking, during periods when the
 11 28 interstate commission is not in session.  The executive
 11 29 committee shall oversee the day=to=day activities of the
 11 30 administration of this compact including enforcement and
 11 31 compliance with the provisions of this compact, its bylaws and
 11 32 rules, and other such duties as deemed necessary.  The United
 11 33 States department of defense, shall serve as an ex officio,
 11 34 nonvoting member of the executive committee.
 11 35    f.  Establish bylaws and rules that provide for conditions
 12  1 and procedures under which the interstate commission shall
 12  2 make its information and official records available to the
 12  3 public for inspection or copying.  The interstate commission
 12  4 may exempt from disclosure information or official records to
 12  5 the extent disclosure would adversely affect personal privacy
 12  6 rights or proprietary interests.
 12  7    g.  Give public notice of all meetings and all meetings
 12  8 shall be open to the public, except as set forth in the rules
 12  9 or as otherwise provided in this compact.  The interstate
 12 10 commission and its committees may close a meeting, or portion
 12 11 thereof, where it determines by two=thirds vote that an open
 12 12 meeting would likely do any of the following:
 12 13    (1)  Relate solely to the interstate commission's internal
 12 14 personnel practices and procedures.
 12 15    (2)  Disclose matters specifically exempted from disclosure
 12 16 by federal and state statute.
 12 17    (3)  Disclose trade secrets or commercial or financial
 12 18 information which is privileged or confidential.
 12 19    (4)  Involve accusing a person of a crime, or formally
 12 20 censuring a person.
 12 21    (5)  Disclose information of a personal nature where
 12 22 disclosure would constitute a clearly unwarranted invasion of
 12 23 personal privacy.
 12 24    (6)  Disclose investigative records compiled for law
 12 25 enforcement purposes.
 12 26    (7)  Specifically relate to the interstate commission's
 12 27 participation in a civil action or other legal proceeding.
 12 28    h.  Cause its legal counsel or designee to certify that a
 12 29 meeting may be closed and shall reference each relevant
 12 30 exemptible provision for any meeting, or portion of a meeting,
 12 31 which is closed pursuant to this provision.  The interstate
 12 32 commission shall keep minutes which shall fully and clearly
 12 33 describe all matters discussed in a meeting and shall provide
 12 34 a full and accurate summary of actions taken, and the reasons
 12 35 therefore, including a description of the views expressed and
 13  1 the record of a roll call vote.  All documents considered in
 13  2 connection with an action shall be identified in such minutes.
 13  3 All minutes and documents of a closed meeting shall remain
 13  4 under seal, subject to release by a majority vote of the
 13  5 interstate commission.
 13  6    i.  Collect standardized data concerning the educational
 13  7 transition of the children of military families under this
 13  8 compact as directed through its rules which shall specify the
 13  9 data to be collected, the means of collection, and data
 13 10 exchange and reporting requirements.  Such methods of data
 13 11 collection, exchange, and reporting shall, in so far as is
 13 12 reasonably possible, conform to current technology and
 13 13 coordinate its information functions with the appropriate
 13 14 custodian of records as identified in the bylaws and rules.
 13 15    j.  Create a process that permits military officials,
 13 16 education officials, and parents to inform the interstate
 13 17 commission if and when there are alleged violations of this
 13 18 compact or its rules or when issues subject to the
 13 19 jurisdiction of this compact or its rules are not addressed by
 13 20 the state or local education agency.  This section shall not
 13 21 be construed to create a private right of action against the
 13 22 interstate commission or any member state.
 13 23    10.  ARTICLE X == POWERS AND DUTIES OF THE INTERSTATE
 13 24 COMMISSION.  The interstate commission shall have the
 13 25 following powers:
 13 26    a.  To provide for dispute resolution among member states.
 13 27    b.  To promulgate rules and take all necessary actions to
 13 28 effect the goals, purposes, and obligations as enumerated in
 13 29 this compact.  The rules shall have the force and effect of
 13 30 statutory law and shall be binding in the compact states to
 13 31 the extent and in the manner provided in this compact.
 13 32    c.  To issue, upon request of a member state, advisory
 13 33 opinions concerning the meaning or interpretation of this
 13 34 compact, its bylaws, rules, and actions.
 13 35    d.  To enforce compliance with the compact provisions, the
 14  1 rules promulgated by the interstate commission, and the
 14  2 bylaws, using all necessary and proper means, including but
 14  3 not limited to the use of judicial process.
 14  4    e.  To establish and maintain offices which shall be
 14  5 located within one or more of the member states.
 14  6    f.  To purchase and maintain insurance and bonds.
 14  7    g.  To borrow, accept, hire, or contract for services of
 14  8 personnel.
 14  9    h.  To establish and appoint committees including but not
 14 10 limited to an executive committee as required by article IX of
 14 11 this compact which shall have the power to act on behalf of
 14 12 the interstate commission in carrying out its powers and
 14 13 duties under this compact.
 14 14    i.  To elect or appoint such officers, attorneys,
 14 15 employees, agents, or consultants, and to fix their
 14 16 compensation, define their duties, and determine their
 14 17 qualifications; and to establish the interstate commission's
 14 18 personnel policies and programs relating to conflicts of
 14 19 interest, rates of compensation, and qualifications of
 14 20 personnel.
 14 21    j.  To accept any and all donations and grants of money,
 14 22 equipment, supplies, materials, and services, and to receive,
 14 23 utilize, and dispose of it.
 14 24    k.  To lease, purchase, accept contributions or donations
 14 25 of, or otherwise to own, hold, improve, or use any property,
 14 26 real, personal, or mixed.
 14 27    l.  To sell, convey, mortgage, pledge, lease, exchange,
 14 28 abandon, or otherwise dispose of any property, real, personal,
 14 29 or mixed.
 14 30    m.  To establish a budget and make expenditures.
 14 31    n.  To adopt a seal and bylaws governing the management and
 14 32 operation of the interstate commission.
 14 33    o.  To report annually to the legislatures, governors,
 14 34 judiciary, and state councils of the member states concerning
 14 35 the activities of the interstate commission during the
 15  1 preceding year.  Such reports shall also include any
 15  2 recommendations that may have been adopted by the interstate
 15  3 commission.
 15  4    p.  To coordinate education, training, and public awareness
 15  5 regarding this compact, its implementation and operation for
 15  6 officials and parents involved in such activity.
 15  7    q.  To establish uniform standards for the reporting,
 15  8 collecting, and exchanging of data.
 15  9    r.  To maintain corporate books and records in accordance
 15 10 with the bylaws.
 15 11    s.  To perform such functions as may be necessary or
 15 12 appropriate to achieve the purposes of this compact.
 15 13    t.  To provide for the uniform collection and sharing of
 15 14 information between and among member states, schools, and
 15 15 military families under this compact.
 15 16    11.  ARTICLE XI == ORGANIZATION AND OPERATION OF THE
 15 17 INTERSTATE COMMISSION.
 15 18    a.  The interstate commission shall, by a majority of the
 15 19 members present and voting, within twelve months after the
 15 20 first interstate commission meeting, adopt bylaws to govern
 15 21 its conduct as may be necessary or appropriate to carry out
 15 22 the purposes of this compact, including but not limited to:
 15 23    (1)  Establishing the fiscal year of the interstate
 15 24 commission.
 15 25    (2)  Establishing an executive committee, and such other
 15 26 committees as may be necessary.
 15 27    (3)  Providing for the establishment of committees and for
 15 28 governing any general or specific delegation of authority or
 15 29 function of the interstate commission.
 15 30    (4)  Providing reasonable procedures for calling and
 15 31 conducting meetings of the interstate commission, and ensuring
 15 32 reasonable notice of each such meeting.
 15 33    (5)  Establishing the titles and responsibilities of the
 15 34 officers and staff of the interstate commission.
 15 35    (6)  Providing a mechanism for concluding the operations of
 16  1 the interstate commission and the return of surplus funds that
 16  2 may exist upon the termination of this compact after the
 16  3 payment and reserving of all of its debts and obligations.
 16  4    (7)  Providing start=up rules for initial administration of
 16  5 this compact.
 16  6    b.  The interstate commission shall, by a majority of the
 16  7 members, elect annually from among its members a chairperson,
 16  8 a vice chairperson, and a treasurer, each of whom shall have
 16  9 such authority and duties as may be specified in the bylaws.
 16 10 The chairperson or, in the chairperson's absence or
 16 11 disability, the vice chairperson, shall preside at all
 16 12 meetings of the interstate commission.  The officers so
 16 13 elected shall serve without compensation or remuneration from
 16 14 the interstate commission; provided that, subject to the
 16 15 availability of budgeted funds, the officers shall be
 16 16 reimbursed for ordinary and necessary costs and expenses
 16 17 incurred by them in the performance of their responsibilities
 16 18 as officers of the interstate commission.
 16 19    c.  (1)  The executive committee shall have such authority
 16 20 and duties as may be set forth in the bylaws, including but
 16 21 not limited to the following:
 16 22    (a)  Managing the affairs of the interstate commission in a
 16 23 manner consistent with the bylaws and purposes of the
 16 24 interstate commission.
 16 25    (b)  Overseeing an organizational structure within, and
 16 26 appropriate procedures for the interstate commission to
 16 27 provide for the creation of rules, operating procedures, and
 16 28 administrative and technical support functions.
 16 29    (c)  Planning, implementing, and coordinating
 16 30 communications and activities with other state, federal, and
 16 31 local government organizations in order to advance the goals
 16 32 of the interstate commission.
 16 33    (2)  The executive committee may, subject to the approval
 16 34 of the interstate commission, appoint or retain an executive
 16 35 director for such period, upon such terms and conditions and
 17  1 for such compensation, as the interstate commission may deem
 17  2 appropriate.  The executive director shall serve as secretary
 17  3 to the interstate commission, but shall not be a member of the
 17  4 interstate commission.  The executive director shall hire and
 17  5 supervise such other persons as may be authorized by the
 17  6 interstate commission.
 17  7    d.  The interstate commission's executive director and its
 17  8 employees shall be immune from suit and liability, either
 17  9 personally or in their official capacity, for a claim for
 17 10 damage to or loss of property or personal injury or other
 17 11 civil liability caused or arising out of or relating to an
 17 12 actual or alleged act, error, or omission that occurred, or
 17 13 that such person had a reasonable basis for believing
 17 14 occurred, within the scope of interstate commission
 17 15 employment, duties, or responsibilities; provided, that such
 17 16 person shall not be protected from suit or liability for
 17 17 damage, loss, injury, or liability caused by the intentional
 17 18 or willful and wanton misconduct of such person.
 17 19    (1)  The liability of the interstate commission's executive
 17 20 director and employees or interstate commission
 17 21 representatives, acting within the scope of such person's
 17 22 employment or duties for acts, errors, or omissions occurring
 17 23 within such person's state shall not exceed the limits of
 17 24 liability set forth under the Constitution and laws of that
 17 25 state for state officials, employees, and agents.  The
 17 26 interstate commission is considered to be an instrumentality
 17 27 of the states for the purposes of any such action.  Nothing in
 17 28 this paragraph "d" shall be construed to protect such person
 17 29 from suit or liability for damage, loss, injury, or liability
 17 30 caused by the intentional or willful and wanton misconduct of
 17 31 such person.
 17 32    (2)  The interstate commission shall defend the executive
 17 33 director and its employees and, subject to the approval of the
 17 34 attorney general or other appropriate legal counsel of the
 17 35 member state represented by an interstate commission
 18  1 representative, shall defend such interstate commission
 18  2 representative in any civil action seeking to impose liability
 18  3 arising out of an actual or alleged act, error, or omission
 18  4 that occurred within the scope of interstate commission
 18  5 employment, duties, or responsibilities, or that the defendant
 18  6 had a reasonable basis for believing occurred within the scope
 18  7 of interstate commission employment, duties, or
 18  8 responsibilities, provided that the actual or alleged act,
 18  9 error, or omission did not result from intentional or willful
 18 10 and wanton misconduct on the part of such person.
 18 11    (3)  To the extent not covered by the state involved,
 18 12 member state, or the interstate commission, the
 18 13 representatives or employees of the interstate commission
 18 14 shall be held harmless in the amount of a settlement or
 18 15 judgment, including attorney's fees and costs, obtained
 18 16 against such persons arising out of an actual or alleged act,
 18 17 error, or omission that occurred within the scope of
 18 18 interstate commission employment, duties, or responsibilities,
 18 19 or that such persons had a reasonable basis for believing
 18 20 occurred within the scope of interstate commission employment,
 18 21 duties, or responsibilities, provided that the actual or
 18 22 alleged act, error, or omission did not result from
 18 23 intentional or willful and wanton misconduct on the part of
 18 24 such persons.
 18 25    12.  ARTICLE XII == RULEMAKING FUNCTIONS OF THE INTERSTATE
 18 26 COMMISSION.
 18 27    a.  The interstate commission shall promulgate reasonable
 18 28 rules in order to effectively and efficiently achieve the
 18 29 purposes of this compact.  Notwithstanding the foregoing, in
 18 30 the event the interstate commission exercises its rulemaking
 18 31 authority in a manner that is beyond the scope of the purposes
 18 32 of this compact, or the powers granted under this compact,
 18 33 then such an action by the interstate commission shall be
 18 34 invalid and have no force or effect.
 18 35    b.  Rules shall be made pursuant to a rulemaking process
 19  1 that substantially conforms to the model state administrative
 19  2 procedure Act of 1981, uniform laws annotated, as amended, as
 19  3 may be appropriate to the operations of the interstate
 19  4 commission.
 19  5    c.  Not later than thirty days after a rule is promulgated,
 19  6 any person may file a petition for judicial review of the
 19  7 rule; provided, that the filing of such a petition shall not
 19  8 stay or otherwise prevent the rule from becoming effective
 19  9 unless the court finds that the petitioner has a substantial
 19 10 likelihood of success.  The court shall give deference to the
 19 11 actions of the interstate commission consistent with
 19 12 applicable law and shall not find the rule to be unlawful if
 19 13 the rule represents a reasonable exercise of the interstate
 19 14 commission's authority.
 19 15    d.  If a majority of the legislatures of the compacting
 19 16 states rejects a rule by enactment of a statute or resolution
 19 17 in the same manner used to adopt this compact, then such rule
 19 18 shall have no further force and effect in any compacting
 19 19 state.
 19 20    13.  ARTICLE XIII == OVERSIGHT, ENFORCEMENT, AND DISPUTE
 19 21 RESOLUTION.
 19 22    a.  OVERSIGHT.
 19 23    (1)  The executive, legislative, and judicial branches of
 19 24 state government in each member state shall enforce this
 19 25 compact and shall take all actions necessary and appropriate
 19 26 to effectuate this compact's purposes and intent.  The
 19 27 provisions of this compact and the rules promulgated under
 19 28 this compact shall have standing as statutory law.
 19 29    (2)  All courts shall take judicial notice of this compact
 19 30 and the rules in any judicial or administrative proceeding in
 19 31 a member state pertaining to the subject matter of this
 19 32 compact which may affect the powers, responsibilities, or
 19 33 actions of the interstate commission.
 19 34    (3)  The interstate commission shall be entitled to receive
 19 35 all service of process in any such proceeding, and shall have
 20  1 standing to intervene in the proceeding for all purposes.
 20  2 Failure to provide service of process to the interstate
 20  3 commission shall render a judgment or order void as to the
 20  4 interstate commission, this compact, or promulgated rules.
 20  5    b.  DEFAULT, TECHNICAL ASSISTANCE, SUSPENSION, AND
 20  6 TERMINATION.
 20  7    (1)  If the interstate commission determines that a member
 20  8 state has defaulted in the performance of its obligations or
 20  9 responsibilities under this compact, or the bylaws or
 20 10 promulgated rules, the interstate commission shall:
 20 11    (a)  Provide written notice to the defaulting state and
 20 12 other member states, of the nature of the default, the means
 20 13 of curing the default, and any action taken by the interstate
 20 14 commission.  The interstate commission shall specify the
 20 15 conditions by which the defaulting state must cure its
 20 16 default.
 20 17    (b)  Provide remedial training and specific technical
 20 18 assistance regarding the default.
 20 19    (2)  If the defaulting state fails to cure the default, the
 20 20 defaulting state shall be terminated from this compact upon an
 20 21 affirmative vote of a majority of the member states and all
 20 22 rights, privileges, and benefits conferred by this compact
 20 23 shall be terminated from the effective date of termination.  A
 20 24 cure of the default does not relieve the offending state of
 20 25 obligations or liabilities incurred during the period of the
 20 26 default.
 20 27    (3)  Suspension or termination of membership in this
 20 28 compact shall be imposed only after all other means of
 20 29 securing compliance have been exhausted.  Notice of intent to
 20 30 suspend or terminate shall be given by the interstate
 20 31 commission to the governor, the majority and minority leaders
 20 32 of the defaulting state's legislature, and each of the member
 20 33 states.
 20 34    (4)  The state which has been suspended or terminated is
 20 35 responsible for all assessments, obligations, and liabilities
 21  1 incurred through the effective date of suspension or
 21  2 termination including obligations, the performance of which
 21  3 extends beyond the effective date of suspension or
 21  4 termination.
 21  5    (5)  The interstate commission shall not bear any costs
 21  6 relating to any state that has been found to be in default or
 21  7 which has been suspended or terminated from the compact,
 21  8 unless otherwise mutually agreed upon in writing between the
 21  9 interstate commission and the defaulting state.
 21 10    (6)  The defaulting state may appeal the action of the
 21 11 interstate commission by petitioning the United States
 21 12 district court for the District of Columbia or the federal
 21 13 district where the interstate commission has its principal
 21 14 offices.  The prevailing party shall be awarded all costs of
 21 15 such litigation including reasonable attorney's fees.
 21 16    c.  DISPUTE RESOLUTION.
 21 17    (1)  The interstate commission shall attempt, upon the
 21 18 request of a member state, to resolve disputes which are
 21 19 subject to this compact and which may arise among member
 21 20 states and between member and nonmember states.
 21 21    (2)  The interstate commission shall promulgate a rule
 21 22 providing for both mediation and binding dispute resolution
 21 23 for disputes as appropriate.
 21 24    d.  ENFORCEMENT.
 21 25    (1)  The interstate commission, in the reasonable exercise
 21 26 of its discretion, shall enforce the provisions and rules of
 21 27 this compact.
 21 28    (2)  The interstate commission, may by majority vote of the
 21 29 members, initiate legal action in the United States district
 21 30 court for the District of Columbia or, at the discretion of
 21 31 the interstate commission, in the federal district where the
 21 32 interstate commission has its principal offices, to enforce
 21 33 compliance with the provisions of this compact, its
 21 34 promulgated rules and bylaws, against a member state in
 21 35 default.  The relief sought may include both injunctive relief
 22  1 and damages.  In the event judicial enforcement is necessary,
 22  2 the prevailing party shall be awarded all costs of such
 22  3 litigation including reasonable attorney's fees.
 22  4    (3)  The remedies in this compact shall not be the
 22  5 exclusive remedies of the interstate commission.  The
 22  6 interstate commission may avail itself of any other remedies
 22  7 available under state law or the regulation of a profession.
 22  8    14.  ARTICLE XIV == FINANCING OF THE INTERSTATE COMMISSION.
 22  9    a.  The interstate commission shall pay, or provide for the
 22 10 payment of the reasonable expenses of its establishment,
 22 11 organization, and ongoing activities.
 22 12    b.  The interstate commission may levy on and collect an
 22 13 annual assessment from each member state to cover the cost of
 22 14 the operations and activities of the interstate commission and
 22 15 its staff which must be in a total amount sufficient to cover
 22 16 the interstate commission's annual budget as approved each
 22 17 year.  The aggregate annual assessment amount shall be
 22 18 allocated based upon a formula to be determined by the
 22 19 interstate commission, which shall promulgate a rule binding
 22 20 upon all member states.
 22 21    c.  The interstate commission shall not incur obligations
 22 22 of any kind prior to securing the funds adequate to meet the
 22 23 same; nor shall the interstate commission pledge the credit of
 22 24 any of the member states, except by and with the authority of
 22 25 the member state.
 22 26    d.  The interstate commission shall keep accurate accounts
 22 27 of all receipts and disbursements.  The receipts and
 22 28 disbursements of the interstate commission shall be subject to
 22 29 the audit and accounting procedures established under its
 22 30 bylaws.  However, all receipts and disbursements of funds
 22 31 handled by the interstate commission shall by audited yearly
 22 32 by a certified or licensed public accountant and the report of
 22 33 the audit shall be included in and become part of the annual
 22 34 report of the interstate commission.
 22 35    15.  ARTICLE XV == MEMBER STATES, EFFECTIVE DATE, AND
 23  1 AMENDMENT.
 23  2    a.  Any state is eligible to become a member state.
 23  3    b.  This compact shall become effective and binding upon
 23  4 legislative enactment of this compact into law by no less than
 23  5 ten of the states.  The effective date shall be no earlier
 23  6 than December 1, 2007.  Thereafter it shall become effective
 23  7 and binding as to any other member state upon enactment of
 23  8 this compact into law by that state.  The governors of
 23  9 nonmember states or their designees shall be invited to
 23 10 participate in the activities of the interstate commission on
 23 11 a nonvoting basis prior to adoption of this compact by all
 23 12 states.
 23 13    c.  The interstate commission may propose amendments to
 23 14 this compact for enactment by the member states.  An amendment
 23 15 shall not become effective and binding upon the interstate
 23 16 commission and the member states unless and until it is
 23 17 enacted into law by unanimous consent of the member states.
 23 18    16.  ARTICLE XVI == WITHDRAWAL AND DISSOLUTION.
 23 19    a.  WITHDRAWAL.
 23 20    (1)  Once effective, this compact shall continue in force
 23 21 and remain binding upon each and every member state; provided
 23 22 that a member state may withdraw from this compact by
 23 23 specifically repealing the statute which enacted this compact
 23 24 into law.
 23 25    (2)  Withdrawal from this compact shall be by the enactment
 23 26 of a statute repealing the same, but shall not take effect
 23 27 until one year after the effective date of such statute and
 23 28 until written notice of the withdrawal has been given by the
 23 29 withdrawing state to the governor of each other member
 23 30 jurisdiction.
 23 31    (3)  The withdrawing state shall immediately notify the
 23 32 chairperson of the interstate commission in writing upon the
 23 33 introduction of legislation repealing this compact in the
 23 34 withdrawing state.  The interstate commission shall notify the
 23 35 other member states of the withdrawing state's intent to
 24  1 withdraw within sixty days of its receipt of the notice.
 24  2    (4)  The withdrawing state is responsible for all
 24  3 assessments, obligations, and liabilities incurred through the
 24  4 effective date of withdrawal, including obligations, the
 24  5 performance of which extend beyond the effective date of
 24  6 withdrawal.
 24  7    (5)  Reinstatement following withdrawal of a member state
 24  8 shall occur upon the withdrawing state reenacting this compact
 24  9 or upon such later date as determined by the interstate
 24 10 commission.
 24 11    b.  DISSOLUTION OF COMPACT.
 24 12    (1)  This compact shall dissolve effective upon the date of
 24 13 the withdrawal or default of the member state which reduces
 24 14 the membership in this compact to one member state.
 24 15    (2)  Upon the dissolution of this compact, this compact
 24 16 becomes null and void and shall be of no further force or
 24 17 effect, and the business and affairs of the interstate
 24 18 commission shall be concluded and surplus funds shall be
 24 19 distributed in accordance with the bylaws.
 24 20    17.  ARTICLE XVII == SEVERABILITY AND CONSTRUCTION.
 24 21    a.  The provisions of this compact shall be severable, and
 24 22 if any phrase, clause, sentence, or provision is deemed
 24 23 unenforceable, the remaining provisions of the compact shall
 24 24 be enforceable.
 24 25    b.  The provisions of this compact shall be liberally
 24 26 construed to effectuate its purposes.
 24 27    c.  Nothing in this compact shall be construed to prohibit
 24 28 the applicability of other interstate compacts to which the
 24 29 states are members.
 24 30    18.  ARTICLE XVIII == BINDING EFFECT OF COMPACT AND OTHER
 24 31 LAWS.
 24 32    a.  OTHER LAWS.
 24 33    (1)  Nothing in this compact prevents the enforcement of
 24 34 any other law of a member state that is not inconsistent with
 24 35 this compact.
 25  1    (2)  All member states' laws conflicting with this compact
 25  2 are superseded to the extent of the conflict.
 25  3    b.  BINDING EFFECT OF THE COMPACT.
 25  4    (1)  All lawful actions of the interstate commission,
 25  5 including all rules and bylaws promulgated by the interstate
 25  6 commission, are binding upon the member states.
 25  7    (2)  All agreements between the interstate commission and
 25  8 the member states are binding in accordance with their terms.
 25  9    (3)  In the event any provision of this compact exceeds the
 25 10 constitutional limits imposed on the legislature of any member
 25 11 state, such provision shall be ineffective to the extent of
 25 12 the conflict with the constitutional provision in question in
 25 13 that member state.
 25 14    Sec. 2.  NEW SECTION.  256G.2  COUNCIL ON EDUCATIONAL
 25 15 OPPORTUNITY FOR MILITARY CHILDREN.
 25 16    1.  A council on educational opportunity for military
 25 17 children is created to provide advice and recommendations
 25 18 regarding this state's participation in and compliance with
 25 19 the interstate compact on educational opportunity for military
 25 20 children in accordance with section 256G.1.
 25 21    2.  The council shall consist of the following seven
 25 22 members:
 25 23    a.  The director of the department of education or the
 25 24 director's designee.
 25 25    b.  The superintendent, or the superintendent's designee,
 25 26 for the school district with the highest percentage per capita
 25 27 of military children during the previous school year.
 25 28    c.  Two members appointed by the governor, one of whom
 25 29 shall represent a military installation located within this
 25 30 state and one of whom shall represent the executive branch and
 25 31 possess experience in assisting military families in obtaining
 25 32 educational services for their children.  The term of each
 25 33 member appointed under this paragraph shall be for four years,
 25 34 except that, in order to provide for staggered terms, the
 25 35 governor shall initially appoint one member to a term of two
 26  1 years and one member to a term of three years.
 26  2    d.  One member appointed jointly by the president of the
 26  3 senate and the speaker of the house of representatives as
 26  4 provided in sections 2.32A and 69.16B.
 26  5    e.  The compact commissioner appointed pursuant to section
 26  6 256G.3 and the military family education liaison appointed in
 26  7 accordance with subsection 4, shall serve as nonvoting, ex
 26  8 officio members of the council unless already appointed to the
 26  9 council as voting members.  The compact commissioner and the
 26 10 military family education liaison shall serve at the pleasure
 26 11 of the governor.
 26 12    3.  Nonlegislative members of the council shall serve
 26 13 without compensation, but shall receive their actual and
 26 14 necessary expenses and travel incurred in the performance of
 26 15 their duties.  Vacancies on the commission shall be filled for
 26 16 the unexpired portion of the term in the same manner as the
 26 17 original appointments.
 26 18    4.  The council shall appoint a military family education
 26 19 liaison pursuant to section 256G.1, article VIII of the
 26 20 interstate compact on educational opportunity for military
 26 21 children, to assist military families and the state in
 26 22 facilitating the implementation of this compact.
 26 23    5.  The council shall comply with the requirements of
 26 24 chapters 21 and 22.
 26 25    6.  The department of education shall provide
 26 26 administrative support to the council.
 26 27    Sec. 3.  NEW SECTION.  256G.3  COMPACT COMMISSIONER ==
 26 28 APPOINTMENT.
 26 29    In accordance with section 256G.1, article VIII of the
 26 30 interstate compact on educational opportunity for military
 26 31 children, the governor shall designate a compact commissioner,
 26 32 who shall serve at the pleasure of the governor and who shall
 26 33 be responsible for the administration and management of this
 26 34 state's participation in the compact and shall serve as this
 26 35 state's voting representative on the interstate commission on
 27  1 educational opportunity for military children as provided in
 27  2 section 256G.1, article IX of the compact.
 27  3    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
 27  4 immediate importance, takes effect upon enactment.
 27  5                           EXPLANATION
 27  6    This bill establishes the interstate compact on educational
 27  7 opportunity for military children, the purpose of which is to
 27  8 remove barriers to educational success imposed on children of
 27  9 military families because of frequent moves and deployment of
 27 10 their parents.  The bill also establishes a council on
 27 11 educational opportunity for military children to provide
 27 12 advice and recommendations regarding this state's
 27 13 participation in and compliance with the interstate compact
 27 14 and directs the governor to appoint a military family
 27 15 education liaison to assist military families and the state in
 27 16 facilitating the implementation of the compact.
 27 17    Article I provides for the compact's purpose.  The compact
 27 18 facilitates the timely enrollment; student placement;
 27 19 qualification and eligibility for enrollment, educational
 27 20 programs, and participation in extracurricular academic,
 27 21 athletic, and social activities; and on=time graduation of
 27 22 children of military families in kindergarten through grade
 27 23 12.  The compact also provides for the promulgation and
 27 24 enforcement of administrative rules to implement the compact,
 27 25 and for the uniform collection and sharing of information
 27 26 between and among member states, schools, and military
 27 27 families.
 27 28    Article II provides definitions.  Article III establishes
 27 29 the applicability of the compact.  Articles IV through VII
 27 30 establish requirements for educational records and enrollment,
 27 31 including immunization, entrance ages, course and educational
 27 32 placement, attendance, special education services, eligibility
 27 33 for enrollment and extracurricular participation, course
 27 34 waiver for graduation, exit exams, and senior year transfers.
 27 35    Article VIII provides for state coordination through the
 28  1 creation of a state council, designation of a military family
 28  2 education liaison, and the appointment of a compact
 28  3 commissioner.  The bill provides for the establishment of a
 28  4 seven=member state council and designation of the military
 28  5 family education liaison in Code section 256G.2, and for the
 28  6 appointment of a state compact commissioner by the governor in
 28  7 Code section 256G.3.  The liaison and the compact commissioner
 28  8 serve at the pleasure of the governor.
 28  9    Article IX states that the activities of the interstate
 28 10 commission on education opportunity for military children are
 28 11 the formation of public policy and are a discretionary state
 28 12 function.  Articles IX and X further describe the interstate
 28 13 commission and provide for its powers, duties, and
 28 14 responsibilities, including collection of standardized data
 28 15 concerning the educational transition of the children of
 28 16 military families, the creation of a process that permits
 28 17 military officials, education officials, and parents to inform
 28 18 the interstate commission if and when there are alleged
 28 19 violations of the compact or its rules, and to take all
 28 20 necessary actions to effect the goals, purposes, and
 28 21 obligations enumerated in the compact.
 28 22    Article X further states that the interstate commission's
 28 23 rules have the force and effect of statutory law and shall be
 28 24 binding in the compact states to the extent and in the manner
 28 25 provided in the compact.  The interstate commission may use
 28 26 the judicial process to enforce compliance with compact
 28 27 provisions.  The interstate commission is directed to
 28 28 establish uniform standards for the reporting, collecting, and
 28 29 exchanging of data, and to report annually to the
 28 30 legislatures, governors, judiciary, and state councils of the
 28 31 member states concerning its activities during the preceding
 28 32 year.
 28 33    Article XI provides for the organization and operation of
 28 34 the interstate commission.
 28 35    Article XII establishes the rulemaking functions of the
 29  1 interstate commission.  The interstate commission shall
 29  2 promulgate rules, however, in the event it exceeds its
 29  3 rulemaking authority, the action shall be invalid and have no
 29  4 force or effect.  Rules shall be made pursuant to a rulemaking
 29  5 process that substantially conforms to the model state
 29  6 administrative procedure Act of 1981.  The article provides
 29  7 for judicial review of a rule.  A rule can be rejected if a
 29  8 majority of the legislatures of the compacting states reject
 29  9 the rule by enactment of a statute or resolution in the same
 29 10 manner used to adopt the compact.
 29 11    Article XIII provides for oversight, enforcement, and
 29 12 dispute resolution.
 29 13    Article XIV provides for the financing of the interstate
 29 14 commission, including its establishment, organization, and
 29 15 ongoing activities by permitting the interstate commission to
 29 16 levy on and collect an annual assessment from each member
 29 17 state to cover its costs in a total amount sufficient to cover
 29 18 the interstate commission's annual budget as approved each
 29 19 year.  The aggregate annual assessment amount shall be
 29 20 allocated based upon a formula to be determined by the
 29 21 interstate commission.
 29 22    Article XV provides that the compact takes effect and is
 29 23 binding upon legislative enactment in at least 10 states.  As
 29 24 of July 11, 2008, Delaware became the 10th state to adopt the
 29 25 compact.
 29 26    Article XVI provides for withdrawal and dissolution from
 29 27 the compact, Article XVII for severability and construction,
 29 28 and Article XVIII for the binding effect of the compact and
 29 29 other laws.
 29 30    The bill takes effect upon enactment.
 29 31 LSB 1182HH 83
 29 32 kh/rj/24