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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to the interstate education compacts; 2
creating s. 1012.993, F.S., creating the Interstate 3
Teacher Mobility Compact; providing purpose and 4
definitions for the compact; providing requirements 5
for the licensure of teachers in member states who 6
hold specified licenses in other member states; 7
providing requirements for teachers who are licensed 8
in one member state to become licensed in another 9
member state, including career and technical education 10
teachers; providing requirements for licensed teachers 11
who are also eligible military spouses; providing 12
requirements for the renewal of such licenses in the 13
member state a teacher transferred his or her license 14
to; providing applicability; authorizing member states 15
to require additional information for the purpose of 16
determining teacher compensation; providing 17
construction; providing requirements a teacher must 18
meet for licensure in a member state; provi ding 19
requirements for the investigation or imposition of 20
disciplinary measure and adverse actions for teachers; 21
providing for the sharing and protection of certain 22
information between member states; establishing the 23
Interstate Teacher Mobility Compact Comm ission; 24
providing purpose of the commission; providing 25
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requirements for the membership and meetings of the 26
commission; providing for the removal or suspension of 27
commissioners; providing requirements, powers, and 28
duties of the commission; authorizing the c ommission 29
to adopt bylaws and rules; establishing the executive 30
committee of the commission; providing for the 31
membership and meetings of the committee; providing 32
the duties and responsibilities of the committee; 33
providing meeting requirements for the comm ission; 34
requiring the commission to keep specified records and 35
minutes; requiring the commission to pay specified 36
expenses; authorizing the commission to accept 37
specified donations and grants; prohibiting the 38
commission from incurring specified obligations ; 39
providing specified immunity to certain individuals; 40
providing exceptions; requiring the commission to 41
defend specified individuals under certain 42
circumstances; requiring the commission to indemnify 43
certain individuals; providing exceptions; providing 44
requirements for the rules of the commission; 45
providing requirements for the exchange of specified 46
information between member states; providing 47
requirements for the oversight of the commission and 48
member states; providing for the resolution of 49
disputes through specified means, including specified 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
judicial proceedings; requiring courts and 51
administrative agencies of member states to take 52
specified actions; providing requirements for the 53
commission and member states for member states that 54
have defaulted in thei r performance of compact 55
requirements; providing requirements for notifications 56
to such member states; providing requirements for 57
member states who fail to cure such defaults; 58
providing requirements for the termination of the 59
compact for such member states ; providing requirements 60
for member states whose participation in the compact 61
is terminated; providing commission and member state 62
requirements relating to the resolution of certain 63
disputes; providing requirements for the compact to 64
take effect; providing requirements for the effect of 65
certain rules and bylaws on member states; providing 66
requirements for member states to withdrawal from the 67
compact; providing for construction and severability 68
of the compact; providing for the consistent 69
application of the compact in member states; providing 70
that certain agreements are binding; amending s. 71
1000.36, F.S.; updating a cross -reference within the 72
Interstate Compact on Educational Opportunity for 73
Military Children; providing an effective date. 74
75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 76
77
Section 1. Section 1012.993, Florida Statutes, is created 78
to read: 79
1012.993 Interstate Teacher Mobility Compact. —The Governor 80
is authorized and directed to execute the Interstate Teacher 81
Mobility Compact on behalf of this state with any other state or 82
states legally joining therein in the form substantially as 83
follows: 84
85
ARTICLE I 86
PURPOSE 87
88
The purpose of this compact is to facilitate the mobility 89
of teachers across the member states with the goal of supporti ng 90
teachers through a new pathway to licensure. 91
Through this compact, the member states seek to establish a 92
collective regulatory framework which expedites and enhances the 93
ability of teachers from a variety of backgrounds to move across 94
state lines. This compact is intended to achieve the following 95
objectives and should be interpreted accordingly. The member 96
states hereby ratify the same intentions by subscribing hereto: 97
(1) Create a streamlined pathway to licensure mobility for 98
teachers; 99
(2) Support the relocation of eligible military spouses; 100
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(3) Facilitate and enhance the exchange of licensure, 101
investigative, and disciplinary information between the member 102
states; 103
(4) Enhance the power of state and district level 104
education officials to hire qual ified, competent teachers by 105
removing barriers to the employment of out -of-state teachers; 106
(5) Support the retention of teachers in the profession by 107
removing barriers to relicensure in a new state; and 108
(6) Maintain state sovereignty in the regulation of the 109
teaching profession. 110
111
ARTICLE II 112
DEFINITIONS 113
114
As used in this compact, and except as otherwise provided, 115
the following definitions shall govern the terms herein: 116
(1) "Active military member" means any person with a full-117
time duty status in the uniformed armed services of the United 118
States, including members of the National Guard and Reserve. 119
(2) "Adverse action" means any limitation or restriction 120
imposed by a member state's licensing authority, inclu ding the 121
revocation, suspension, reprimand, probation, or limitation on 122
the licensee's ability to work as a teacher. 123
(3) "Bylaws" means the bylaws established by the 124
commission. 125
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(4) "Career and technical education" means a current, 126
valid authorization issued by a member state's licensing 127
authority allowing an individual to serve as a teacher in K -12 128
public educational settings in a specific career and technical 129
education area. 130
(5) "Commissioner" means the delegate of a member state. 131
(6) "Eligible license" means a license to engage in the 132
teaching profession which requires at least a bachelor's degree 133
and the completion of a state approved program for teacher 134
licensure. 135
(7) "Eligible military spouse" means the spouse of any 136
individual in full-time duty status in the active uniformed 137
service of the United States, including members of the National 138
Guard and Reserve on active duty moving as a result of military 139
mission or military career progression requirements, or are on 140
their terminal move as a resul t of separation or retirement, 141
including surviving spouses of deceased military members. 142
(8) "Executive committee" means a group of commissioners 143
elected or appointed to act on behalf of, and within the powers 144
granted to them by, the commission as provid ed herein. 145
(9) "Licensing authority" means an official, agency, 146
board, or other entity of a state that is responsible for the 147
licensing and regulation of teachers authorized to teach in K -12 148
public educational settings. 149
(10) "Member state" means any st ate that has adopted this 150
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compact, including all agencies and officials of such a state. 151
(11) "Receiving state" means any state where a teacher has 152
applied for licensure under this compact. 153
(12) "Rule" means any regulation adopted by the commission 154
under this compact which shall have the force of law in each 155
member state. 156
(13) "State" means a state, territory, or possession of 157
the United States and the District of Columbia. 158
(14) "State practice laws" means a member state's laws, 159
rules, and regulatio ns that govern the teaching profession, 160
define the scope of such profession, and create the method and 161
grounds for imposing discipline. 162
(15) "Teacher" means an individual who currently holds an 163
authorization from a member state which forms the basis for 164
employment in the K-12 public schools of the state to provide 165
instruction in a specific subject area, grade level, or student 166
population. 167
(16) "Unencumbered license" means a current, valid 168
authorization issued by a member state's licensing authority 169
allowing an individual to serve as a teacher in K -12 public 170
education settings. An unencumbered license is not a restricted, 171
probationary, provisional, substitute, or temporary credential. 172
173
ARTICLE III 174
LICENSURE UNDER THE COMPACT 175
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176
(1) Licensure under this co mpact pertains only to the 177
initial grant of a license by the receiving state. Nothing 178
herein applies to any subsequent or ongoing compliance 179
requirements that a receiving state might require for teachers. 180
(2) Each member state shall, in accordance with r ules of 181
the commission, define, compile, and update, as necessary, a 182
list of eligible licenses and career and technical education 183
licenses that the member state is willing to consider for 184
equivalency under this compact and provide the list to the 185
commission. The list shall include those licenses that a 186
receiving state is willing to grant teachers from other member 187
states, pending a determination of equivalency by the receiving 188
state's licensing authority. 189
(3) Upon the receipt of an application for licensure by a 190
teacher holding an unencumbered license, the receiving state 191
shall determine which of the receiving state's eligible licenses 192
the teacher is qualified to hold and shall grant such a license 193
or licenses to the applicant. Such a determination shall be made 194
in the sole discretion of the receiving state's licensing 195
authority and may include a determination that the applicant is 196
not eligible for any of the receiving state's licenses. For all 197
teachers who hold an unencumbered license, the receiving state 198
shall grant one or more unencumbered license that, in the 199
receiving state's sole discretion, are equivalent to the license 200
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held by the teacher in any other member state. 201
(4) For active duty military memb ers and eligible military 202
spouses who hold a license that is not unencumbered, the 203
receiving state shall grant an equivalent license or licenses 204
that, in the receiving state's sole discretion, is equivalent to 205
the license or licenses held by the teacher in any other member 206
state, except where the receiving state does not have an 207
equivalent license. 208
(5) For a teacher holding an unencumbered career and 209
technical education license, the receiving state shall grant an 210
unencumbered license equivalent to the career and technical 211
education license held by the applying teacher and issued by 212
another member state, as determined by the receiving state in 213
its sole discretion, except where a career and technical 214
education teacher does not hold a bachelor's degree and the 215
receiving state requires a bachelor's degree for licenses to 216
teach career and technical education. A receiving state may 217
require career and technical education teachers to meet state 218
industry recognized requireme nts, if required by law in the 219
receiving state. 220
221
ARTICLE IV 222
LICENSURE NOT UNDER THE COMPACT 223
224
(1) Except as provided in Article III, nothing in this 225
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compact shall be construed to limit or inhibit the power of a 226
member state to regulate licensure or endors ements overseen by 227
the member state's licensing authority. 228
(2) When a teacher is required to renew a license received 229
pursuant to this compact, the state granting such a license may 230
require the teacher to complete state -specific requirements as a 231
condition of licensure renewal or advancement in that state. 232
(3) For purposes of determining compensation, a receiving 233
state may require additional information from teachers receiving 234
a license under the provisions of this compact. 235
(4) Nothing in this compact shall be construed to limit 236
the power of a member state to control and maintain ownership of 237
its information pertaining to teachers or limit the application 238
of a member state's laws or regulations governing the ownership, 239
use, or dissemination of informat ion pertain to teachers. 240
(5) Nothing in this compact shall be construed to 241
invalidate or alter any existing agreement or other cooperative 242
arrangement which a member state may already be a party to or 243
limit the ability of a member state to participate in any future 244
agreement or other cooperative arrangement to: 245
(a) Award teaching licenses or other benefits based on 246
additional professional credentials, including, but not limited 247
to, the National Board Certification; 248
(b) Participate in the exchange of n ames of teachers whose 249
license has been subject to an adverse action by a member state; 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or 251
(c) Participate in any agreement or cooperative 252
arrangement with a nonmember state. 253
254
ARTICLE V 255
TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE UNDER THE 256
COMPACT 257
258
(1) Except as provided for active military members or 259
eligible military spouses under subsection (4) of Article III, a 260
teacher may only be eligible to receive a license under this 261
compact where that teacher holds an unencumbered license in a 262
member state. 263
(2) A teacher eligible to receive a license under this 264
compact shall, unless otherwise provided herein: 265
(a) Upon their application to receive a license under this 266
compact, undergo a criminal background check in the receiving 267
state in accordance with the laws and regulations of the 268
receiving state; and 269
(b) Provide the receiving state with information in 270
addition to the information required for licensure for the 271
purposes of determining compensation, if applicable. 272
273
ARTICLE VI 274
DISCIPLINE AND ADVER SE ACTIONS 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
276
Nothing in this compact shall be deemed or construed to 277
limit the authority of a member state to investigate or impose 278
disciplinary measures on teachers according to the state 279
practice laws thereof. 280
281
ARTICLE VII 282
ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY COMPACT 283
COMMISSION 284
285
(1) The interstate compact member states hereby create and 286
establish a joint public agency known as the Interstate Teacher 287
Mobility Compact Commission: 288
(a) The commission is a joint i nterstate governmental 289
agency comprised of states that have enacted the Interstate 290
Teacher Mobility Compact. 291
(b) Nothing in this compact shall be construed to be a 292
waiver of sovereign immunity. 293
(2)(a) Each member state shall have and be limited to one 294
delegate to the commission, who shall be given the title of 295
commissioner. 296
(b) The commissioner shall be the primary administrative 297
officer of the state licensing authority or their designee. 298
(c) Any commissioner may be removed or suspended from 299
office as provided by the law of the state from which the 300
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commissioner is appointed. 301
(d) The member state shall fill any vacancy occurring in 302
the commission within 90 days. 303
(e) Each commissioner shall be entitle to one vote about 304
the adoption of rules and cre ation of bylaws and shall otherwise 305
have an opportunity to participate in the business and affairs 306
of the commission. A commissioner shall vote in person or by 307
such other means as provided in the bylaws. The bylaws may 308
provide for commissioners' participat ion in meetings by 309
telephone or other means of communication. 310
(f) The commission shall meet at least once during each 311
calendar year. Additional meetings shall be held as set forth in 312
the bylaws. 313
(g) The commission shall establish by rule a term of 314
office for commissioners. 315
(3) The commission shall have the following powers and 316
duties: 317
(a) Establish a code of ethics for the commission. 318
(b) Establish a fiscal year of the commission. 319
(c) Establish bylaws for the commission. 320
(d) Maintain its finan cial records in accordance with the 321
bylaws of the commission. 322
(e) Meet and take such actions as are consistent with the 323
provisions of this compact, the bylaws, and rules of the 324
commission. 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) Adopt uniform rules to implement and administer this 326
compact. The rules shall have the force and effect of law and 327
shall be binding in all member states. In the event the 328
commission exercises its rulemaking authority in a manner that 329
is beyond the scope of the purposes of this compact, or the 330
powers granted hereun der, then such an action by the commission 331
shall be invalid and have no force and effect of law. 332
(g) Bring and prosecute legal proceedings or actions in 333
the name of the commission, provided that the standing of any 334
member state licensing authority to sue or be sued under 335
applicable law shall not be affected. 336
(h) Purchase and maintain insurance and bonds. 337
(i) Borrow, accept, or contract for services of personnel, 338
including, but not limited to, employees of a member state or an 339
associated nongovernmenta l organization that is open to 340
membership by all states. 341
(j) Hire employees, elect or appoint officers, fix 342
compensation, define duties, grant such individuals appropriate 343
authority to carry out the purposes of this compact, and 344
establish the commission' s personnel policies and programs 345
relating to conflicts of interest, qualifications of personnel, 346
and other related personnel matters. 347
(k) Lease, purchase, accept appropriate gifts or donations 348
of, or otherwise own, hold, improve, or use, any property, r eal, 349
personal or mixed, provided that at all times the commission 350
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shall avoid any appearance of impropriety. 351
(l) Sell, convey, mortgage, pledge, lease, exchange, 352
abandon, or otherwise dispose of any property real, personal or 353
mixed. 354
(m) Establish a bud get and make expenditures. 355
(n) Borrow money. 356
(o) Appoint committees, including standing committees 357
composed of members and such other interested persons as may be 358
designated in this interstate compact, rules, or bylaws. 359
(p) Provide and receive information from, and cooperate 360
with law enforcement agencies. 361
(q) Establish and elect an executive committee. 362
(r) Establish and develop a charter for an executive 363
information governance committee to advise on facilitating the 364
exchange of information, the use of information, data privacy, 365
and technical support needs and provide reports as needed. 366
(s) Perform such other functions as may be necessary or 367
appropriate to achieve the purposes of this compact consistent 368
with the state regulation of teacher licensure. 369
(t) Determine whether a state's adopted language is 370
materially different from the model compact language such that 371
the state would not qualify for participation in the compact. 372
(4)(a) The executive committee shall hav e the power to act 373
on behalf of the commission according to the terms of this 374
compact. 375
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(b) The executive committee shall be composed of eight 376
voting members as follows: 377
1. The chair of the commission. 378
2. The vicechair of the commission. 379
3. The treasurer of the commission. 380
4. Five members who are elected by the commission from the 381
current membership as follows: 382
a. Four voting members representing geographic regions in 383
accordance with commission rules. 384
b. One at large voting member in accordance with 385
commission rules. 386
(c) The commission may add or remove members of the 387
executive committee as provided in commission rules. 388
(d) The executive committee shall meet at least once 389
annually. 390
(e) The executive committee shall have the following 391
duties and responsibilities: 392
1. Recommend to the entire commission changes to the rules 393
or bylaws, changes to the compact legislation, fees paid by 394
interstate compact member states such as annual dues and any 395
compact fee charged by the member states on behalf of the 396
commission. 397
2. Ensure commission administration services are 398
appropriately provided, contractual or otherwise. 399
3. Prepare and recommend the budget. 400
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4. Maintain financial records on behalf of the commission. 401
5. Monitor compliance of member s tates and provide reports 402
to the commission. 403
6. Perform other duties as provided in the rules or 404
bylaws. 405
(5)(a) All meeting of the commission shall be open to the 406
public and public notice of meetings shall be given in 407
accordance with commission bylaws. 408
(b) The commission shall keep minutes of commission 409
meetings and shall provide a full and accurate summary of 410
actions take, and the reasons thereof, including a description 411
of the views expressed. All documents considered in connection 412
with an action shall be identified in such minutes. 413
(6)(a) The commission shall pay, or provide for the 414
payment of, the reasonable expenses of its establishment, 415
organization, and ongoing activities. 416
(b) The commission may accept all appropriate donations 417
and grants of money, equipment, supplies, materials, and 418
services, and receive, utilize, and dispose of the same, 419
provided that at all times the commission shall avoid any 420
appearance of impropriety or conflicts of interest. 421
(c) The commission may levy on and collect an annual 422
assessment from each member state or impose fees on other 423
parties to cover the cost of the operations and activities of 424
the commission, in accordance with the rules of the commission. 425
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(d) The commission shall not incur obligations of any kind 426
prior to securing the funds adequate to meet the same; nor shall 427
the commission pledge the credit of any of the member states, 428
except by and with the authority of the member state. 429
(e) The commission shall keep accurate accounts of all 430
receipts and disbursements. The receipts and disbursements of 431
the commission shall be subject to all accounting procedures 432
established under the commission bylaws. All receipts and 433
disbursements of funds of the commission shall be reviewed 434
annually in accordance with commission bylaws and a report of 435
the review shall be included in and become part of the annual 436
report of the commission. 437
(7)(a) The members, officers, executive director, 438
employees, and representatives of the commission shall be immune 439
from suit and liability, either personally or in their official 440
capacity, for any claim for damage to or loss of property or 441
personal injury or other civil liability caused by or arising 442
out of any actual or alleged act, error, or omission that 443
occurred or that the person against whom the claim is made had a 444
reasonable basis for believing occurred within the scope of 445
commission employment, duties, or responsibilities. Nothing in 446
this paragraph shall be construed to protect any such person 447
from suit or liability for any damage, loss, injury, or 448
liability caused by the intentional, willful, or wanton 449
misconduct of that person. 450
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(b) The commission shall defend any member, officer, 451
executive director, employee, or representative of the 452
commission in any civil action seeking to impose liability 453
arising out of any actual or alleged act, error, or omission 454
that occurred within the scope of commission employment, duties, 455
or responsibilities or that the person against whom the claim is 456
made had a reasonable basis for beli eving occurred within the 457
scope of commission employment, duties, or responsibilities. 458
Nothing in this paragraph shall be construed to prohibit that 459
person from retaining his or her own counsel and provide further 460
that the actual or alleged act, error, or omission did not 461
result from the person's intentional, willful, or wanton 462
misconduct. 463
(c) The commission shall indemnify and hold harmless any 464
member, officer, executive director, employee, or representative 465
of the commission for the amount of any settle ment or judgement 466
obtained against that person arising out of any actual or 467
alleged act, error, or omission that occurred within the scope 468
of commission employment, duties, or responsibilities, or that 469
such person had a reasonable basis for believing occur red within 470
the scope of commission employment, duties, or responsibilities, 471
provided the actual or alleged act, error, or omission did not 472
result from the intentional, willful, or wanton misconduct of 473
that person. 474
475
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ARTICLE VIII 476
RULEMAKING 477
478
(1) The commission shall exercise its rulemaking powers 479
pursuant to the criteria set forth in this compact and the rules 480
adopted thereunder. Rules and amendments shall become binding as 481
of the date specified in each rule or amendment. 482
(2) The commission shall adopt re asonable rules to achieve 483
the intent and purpose of this compact. In the event the 484
commission exercises its rulemaking authority in a manner that 485
is beyond the purpose and intent of this compact, or the powers 486
granted hereunder, then such action by the com mission shall be 487
invalid and have no force and effect of law in the member 488
states. 489
(3) If a majority of the legislatures of the member states 490
rejects a rule, by enactment of a statute or resolution in the 491
same manner used to adopt this compact within 4 y ears of the 492
date of the adoption of the rule, then such rule shall have no 493
further force and effect in any member state. 494
(4) Rules or amendments to the rules shall be adopted or 495
ratified at a regular or special meeting of the commission in 496
accordance with the commission's rules and bylaws. 497
(5) Upon a determination that an emergency exists, the 498
commission may consider and adopt an emergency rule with 48 499
hours' notice, with opportunity for comment, provided the usual 500
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rulemaking procedures shall be retroac tively applied to the rule 501
as soon as reasonably possible, in no even later than 90 days 502
after the effective date of the rule. For the purposes of this 503
subsection, an emergency rule is one that must be adopted 504
immediately to: 505
(a) Meet an imminent threat to the public health, safety, 506
or welfare; 507
(b) Prevent a loss of commission or member state funds; 508
(c) Meet a deadline for the adoption of an administrative 509
rule that is established by federal law or rule; or 510
(d) Protect the public health or safety. 511
512
ARTICLE IX 513
FACILITATING THE EXCHANGE OF INFORMATION 514
515
(1) The commission shall provide for facilitating the 516
exchange of information to administer and implement the 517
provisions of this compact in accordance with the rules of the 518
commission, consistent with generally accepted data protection 519
principles. 520
(2) Nothing in this compact shall be deemed or construed 521
to alter, limit, or inhibit the power of a member state to 522
control and maintain ownership of its licensee information or 523
alter, limit, or inhibit the laws or regulations governing 524
licensee information in member states. 525
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526
ARTICLE X 527
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 528
529
(1)(a) The executive and judicial branches of state 530
government in each member state shall enforce this compact and 531
take all actions necessary and appropriate to effectuate this 532
compact's purpose and intent. The provisions of this compact 533
shall have standing as statutory law. 534
(b) Venue is proper and judicial proceedings by or against 535
the commission shall be brought solely and exclusively in a 536
court of competent jurisdiction where the principal office of 537
the commission is located. The commission may waive venue and 538
jurisdictional defenses to the extent it adopts or consents to 539
participate in alternative dispute resolution proceedings. 540
Nothing herein shall affect or limit the selection or propriety 541
of venue in any action against a licensee for professional 542
malpractice, misconduct, or any such similar matter. 543
(c) All courts and all admin istrative agencies shall take 544
judicial notice of this compact, the rules of the commission, 545
and any information provided to a member state pursuant thereto 546
in any judicial or quasi -judicial proceeding in a member state 547
pertaining to the subject matter of t his compact, or which may 548
affect the powers, responsibilities, or actions of the 549
commission. 550
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(d) The commission shall be entitled to receive service of 551
process in any proceeding regarding the enforcement or 552
interpretation of this compact and shall have s tanding to 553
intervene in such a proceeding for all purposes. Failure to 554
provide the commission service of process shall render a 555
judgement or order void as to the commission, this compact, or 556
adopted rules. 557
(2)(a) If the commission determines that a membe r state 558
has defaulted in the performance of its obligations or 559
responsibilities under this compact or the adopted rules, the 560
commission shall: 561
1. Provide written notice to the defaulting state and 562
other member states of the nature of the default, the pro posed 563
means of curing the default, and any other action to be taken by 564
the commission; and 565
2. Provide remedial training and specific technical 566
assistance regarding the default. 567
(b) If a state in default fails to cure the default, the 568
defaulting state may be terminated from this compact upon an 569
affirmative vote of a majority of the commissioners of the 570
member states, and all rights, privileges, and benefits 571
conferred on that state by this compact may be terminated on the 572
effective date of termination. A c ure of the default does not 573
relieve the offending state of obligations or liabilities 574
incurred during the period of default. 575
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) Termination of membership in the compact shall be 576
imposed only after all other means of securing compliance have 577
been exhausted. Notice of intent to suspend or terminate shall 578
be given by the commission to the Governor, the Majority and 579
Minority Leaders of the State Legislature, and the state 580
licensing authority of the of the defaulting state and to each 581
of the member states. 582
(d) A state that has been terminated is responsible for 583
all assessments, obligations, and liabilities incurred through 584
the effective date of termination, including obligations that 585
extend beyond the effective date of termination. 586
(e) The commission shall not bear any costs related to a 587
state that is found to be in default or that has been terminated 588
from this compact unless agreed upon in writing between the 589
commission and the defaulting state. 590
(f) Nothing in this compact shall be construed to be a 591
waiver of sovereign immunity. 592
(g) The defaulting state may appeal the action of the 593
commission by petitioning the United States District Court for 594
the District of Columbia or the federal district where the 595
commission has its principal offices. The prevailing party shall 596
be awarded all costs of such litigation, including reasonable 597
attorney fees. 598
(h)1. Upon the request of a member state, the commission 599
shall attempt to resolve disputes related to this compact that 600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
arise among member states and between member and nonmember 601
states. 602
2. The commission shall adopt a rule providing for both 603
binding and nonbinding alternative dispute resolution for 604
disputes as appropriate. 605
(i)1. The commission, in the reasonable exercise of its 606
discretion, shall enforce the prov isions and rules of this 607
compact. 608
2. By a majority vote, the commission may initiate legal 609
action in the United States District Court for the District of 610
Columbia or the federal district where the commission has its 611
principal offices against a member sta te in default to enforce 612
compliance with the provisions of this compact and its adopted 613
rules and bylaws. The relief sought may include both injunctive 614
relief and damages. In the event judicial enforcement is 615
necessary, the prevailing party shall be awarde d all costs of 616
such litigation, including reasonable attorney fees. The 617
remedies herein shall not be the exclusive remedies of the 618
commission. The commission may pursue any other remedies 619
available under federal or state law. 620
621
ARTICLE XI 622
EFFECTUATION, WITHDRAWAL, AND AMENDMENT 623
624
(1) This compact shall come into effect on the date on 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which the compact statute is enacted into law in the tenth 626
member state. 627
(a) On or after the effective date of this compact, the 628
commission shall convene and review the enact ment of each of the 629
charter member states to determine if the statute enacted by 630
such charter member state is materially different from the model 631
compact statute. 632
(b) A charter member state whose enactment is found to be 633
materially different from the mod el compact statute shall be 634
entitle to the default process set forth in Article X. 635
(c) Member states enacting the compact subsequent to the 636
charter member states shall be subject to the process set forth 637
in Article VII(X)(a) to determine if their enactme nts are 638
materially different from the model compact statute and whether 639
they qualify for participation in the compact. 640
(2) If any member state is later founds to be in default, 641
or is terminated or withdraws from the compact, the commissioner 642
shall remain in existence and the compact shall remain in effect 643
even if the number of member states should be less than 10. 644
(3) Any state that joins this compact after the 645
commission's initial adoption of the rules and bylaws shall be 646
subject to the rules and bylaw s as they exist on the date on 647
which this compact becomes law in that state. Any rule that has 648
been previously adopted by the commission shall have the full 649
force and effect of law on the day this compact becomes law in 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that state, as the rules and bylaws may be amended as provided 651
in this compact. 652
(4) Any member state may withdraw from this compact by 653
enacting a statute repealing the same. 654
(a) A member state's withdrawal shall not take effect 655
until 6 months after the enactment of the repealing statute. 656
(b) Withdrawal shall not affect the continuing requirement 657
of the withdrawing state's licensing authority to comply with 658
the investigative and adverse action reporting requirements of 659
this act prior to the effective date of the withdrawal. 660
(5) This compact may be amended by member states. No 661
amendments to this compact shall become effective and binding 662
upon any member state until it is enacted into the laws of all 663
member states. 664
665
ARTICLE XII 666
CONSTRUCTION AND SEVERABILITY 667
668
This compact shall be liberally construed to effectuate the 669
purpose thereof. The provisions of this compact shall be 670
severable and if any phrase, clause, sentence, or provision of 671
this compact is declared to be contrary to the Constitution of 672
any member state or a state se eking membership in this compact 673
or the United States Constitution or the applicability thereof 674
to any other government, agency, person, or circumstance is held 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
invalid, the validity of the remainder of this compact and the 676
applicability thereof to any gov ernment, agency, person, or 677
circumstance shall not be effected. If this compact shall be 678
held contrary to the Constitution of any member state, this 679
compact shall remain in full force and effect as to the 680
remaining member states and in full force and effec t as to the 681
member state affected as to all severable matters. 682
683
ARTICLE XIII 684
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 685
686
(1) Nothing herein shall prevent or inhibit the 687
enforcement of any other law of a member state that is not 688
inconsistent with this compact. 689
(2) Any laws, statutes, regulations, or other legal 690
requirements in a member state in conflict with this compact are 691
superseded to the extent of the conflict. 692
(3) All permissible agreements between the commission and 693
the member states are binding in accordance with their terms. 694
Section 2. Articles II and III of section 1000.36, Florida 695
Statutes, are amended to read: 696
1000.36 Interstate Compact on Educational Opportunity for 697
Military Children.—The Governor is authorized and directed to 698
execute the Interstate Compact on Educational Opportunity for 699
Military Children on behalf of this state with any other state 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or states legally joining therein in the form substantially as 701
follows: 702
Interstate Compact on Educational 703
Opportunity for Milita ry Children 704
ARTICLE II 705
DEFINITIONS.—As used in this compact, unless the context 706
clearly requires a different construction, the term: 707
A. "Active duty" means the full -time duty status in the 708
active uniformed service of the United States, including members 709
of the National Guard and Reserve on active duty orders pursuant 710
to 10 U.S.C. chapters 1209 and 1211 10 U.S.C. ss. 1209 and 1211 . 711
B. "Children of military families" means school -aged 712
children, enrolled in kindergarten through 12th grade, in the 713
household of an active-duty member. 714
C. "Compact commissioner" means the voting representative 715
of each compacting state appointed under Article VIII of this 716
compact. 717
D. "Deployment" means the period 1 month before the 718
servicemembers' departure from their home s tation on military 719
orders through 6 months after return to their home station. 720
E. "Educational records" or "education records" means 721
those official records, files, and data directly related to a 722
student and maintained by the school or local education age ncy, 723
including, but not limited to, records encompassing all the 724
material kept in the student's cumulative folder such as general 725
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identifying data, records of attendance and of academic work 726
completed, records of achievement and results of evaluative 727
tests, health data, disciplinary status, test protocols, and 728
individualized education programs. 729
F. "Extracurricular activities" means a voluntary activity 730
sponsored by the school or local education agency or an 731
organization sanctioned by the local education a gency. 732
Extracurricular activities include, but are not limited to, 733
preparation for and involvement in public performances, 734
contests, athletic competitions, demonstrations, displays, and 735
club activities. 736
G. "Interstate Commission on Educational Opportunit y for 737
Military Children" means the commission that is created under 738
Article IX of this compact, which is generally referred to as 739
the Interstate Commission. 740
H. "Local education agency" means a public authority 741
legally constituted by the state as an admin istrative agency to 742
provide control of, and direction for, kindergarten through 12th 743
grade public educational institutions. 744
I. "Member state" means a state that has enacted this 745
compact. 746
J. "Military installation" means a base, camp, post, 747
station, yard, center, homeport facility for any ship, or other 748
activity under the jurisdiction of the Department of Defense, 749
including any leased facility, which is located within any of 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the several states, the District of Columbia, the Commonwealth 751
of Puerto Rico, the United States Virgin Islands, Guam, American 752
Samoa, the Northern Mariana Islands, and any other United States 753
Territory. The term does not include any facility used primarily 754
for civil works, rivers and harbors projects, or flood control 755
projects. 756
K. "Nonmember state" means a state that has not enacted 757
this compact. 758
L. "Receiving state" means the state to which a child of a 759
military family is sent, brought, or caused to be sent or 760
brought. 761
M. "Rule" means a written statement by the Inte rstate 762
Commission adopted under Article XII of this compact which is of 763
general applicability, implements, interprets, or prescribes a 764
policy or provision of the compact, or an organizational, 765
procedural, or practice requirement of the Interstate 766
Commission, and has the force and effect of statutory law in a 767
member state, and includes the amendment, repeal, or suspension 768
of an existing rule. 769
N. "Sending state" means the state from which a child of a 770
military family is sent, brought, or caused to be sent o r 771
brought. 772
O. "State" means a state of the United States, the 773
District of Columbia, the Commonwealth of Puerto Rico, the 774
United States Virgin Islands, Guam, American Samoa, the Northern 775
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Mariana Islands, and any other United States Territory. 776
P. "Student" means the child of a military family for whom 777
the local education agency receives public funding and who is 778
formally enrolled in kindergarten through 12th grade. 779
Q. "Transition" means: 780
1. The formal and physical process of transferring from 781
school to school; or 782
2. The period of time in which a student moves from one 783
school in the sending state to another school in the receiving 784
state. 785
R. "Uniformed services" means the Army, Navy, Air Force, 786
Space Force, Marine Corps, Coast Guard as well as the 787
Commissioned Corps of the National Oceanic and Atmospheric 788
Administration, and Public Health Services. 789
S. "Veteran" means a person who served in the uniformed 790
services and who was discharged or released therefrom under 791
conditions other than dishonorable. 792
ARTICLE III 793
APPLICABILITY.— 794
A. Except as otherwise provided in Section C, this compact 795
applies to the children of: 796
1. Active duty members of the uniformed services, 797
including members of the National Guard and Reserve on active -798
duty orders pursuant to 10 U.S.C. chapters 1209 and 1211 10 799
U.S.C. ss. 1209 and 1211 ; 800
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2. Members or veterans of the uniformed services who are 801
severely injured and medically discharged or retired for a 802
period of 1 year after medical discharge or retirement; and 803
3. Members of the uniformed services who die on active 804
duty or as a result of injuries sustained on active duty for a 805
period of 1 year after death. 806
B. This interstate compact applies to local education 807
agencies. 808
C. This compact does not apply to the c hildren of: 809
1. Inactive members of the National Guard and military 810
reserves; 811
2. Members of the uniformed services now retired, except 812
as provided in Section A; 813
3. Veterans of the uniformed services, except as provided 814
in Section A; and 815
4. Other United States Department of Defense personnel and 816
other federal agency civilian and contract employees not defined 817
as active-duty members of the uniformed services. 818
Section 3. This act shall take effect July 1, 2023. 819