NM
New Mexico Senate Bill SB146

New Mexico 2025 Regular Session

New Mexico Senate Bill SB146 Compare Versions

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1-SB 146
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28+SENATE BILL 146
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Harold Pope and Debra M. Sariñana
2848 AN ACT
2949 RELATING TO MILITARY CHILDREN; CORRECTING A REFERENCE TO A
3050 UNITED STATES CODE PROVISION IN THE INTERSTATE COMPACT ON
3151 EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.
3252 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3353 SECTION 1. Section 11-8B-1 NMSA 1978 (being Laws 2010,
3454 Chapter 41, Section 1) is amended to read:
3555 "11-8B-1. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY
3656 FOR MILITARY CHILDREN--ENTERED INTO.--The "Interstate Compact
3757 on Educational Opportunity for Military Children" is enacted
38-into law and entered into with all other jurisdictions
39-legally joining therein in the form substantially as follows:
58+into law and entered into with all other jurisdictions legally
59+joining therein in the form substantially as follows:
4060 "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
4161 CHILDREN
4262 ARTICLE 1
43-PURPOSE
44-It is the purpose of the Interstate Compact on
45-Educational Opportunity for Military Children to remove
46-barriers to educational success imposed on children of
47-military families because of frequent moves and deployment of
48-their parents by:
49-A. facilitating the timely enrollment of children
50-of military families and ensuring that they are not placed at
51-a disadvantage due to difficulty in the transfer of education SB 146
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90+PURPOSE
91+It is the purpose of the Interstate Compact on Educational
92+Opportunity for Military Children to remove barriers to
93+educational success imposed on children of military families
94+because of frequent moves and deployment of their parents by:
95+A. facilitating the timely enrollment of children
96+of military families and ensuring that they are not placed at a
97+disadvantage due to difficulty in the transfer of education
7898 records from the previous school district or variations in
7999 entrance and age requirements;
80100 B. facilitating the student placement process
81101 through which children of military families are not
82102 disadvantaged by variations in attendance requirements,
83-scheduling, sequencing, grading, course content or
84-assessment;
103+scheduling, sequencing, grading, course content or assessment;
85104 C. facilitating the qualification and eligibility
86105 for enrollment, educational programs and participation in
87106 extracurricular, academic, athletic and social activities;
88107 D. facilitating the on-time graduation of children
89108 of military families;
90109 E. providing for the promulgation and enforcement
91110 of administrative rules implementing the provisions of that
92111 compact;
93-F. providing for the uniform collection and
94-sharing of information between and among member states,
95-schools and military families under that compact;
96-G. promoting coordination between that compact and
97-other compacts affecting military children; and
98-H. promoting flexibility and cooperation between
99-the educational system, parents and the student in order to
100-achieve educational success for the student.
101-ARTICLE 2
102-DEFINITIONS SB 146
103-Page 3
112+F. providing for the uniform collection and sharing
113+of information between and among member states, schools and
114+military families under that compact;
115+.229784.1
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143+G. promoting coordination between that compact and
144+other compacts affecting military children; and
145+H. promoting flexibility and cooperation between
146+the educational system, parents and the student in order to
147+achieve educational success for the student.
148+ARTICLE 2
149+DEFINITIONS
129150 As used in the Interstate Compact on Educational
130151 Opportunity for Military Children:
131-A. "active duty" means full-time duty status in
132-the active uniformed service of the United States, including
133-members of the national guard and reserve on active duty
134-orders pursuant to 10 U.S.C. Chapters 1209 and 1211;
135-B. "children of military families" means
136-school-aged children enrolled in kindergarten through twelfth
137-grade in the household of an active duty member;
152+A. "active duty" means full-time duty status in the
153+active uniformed service of the United States, including
154+members of the national guard and reserve on active duty orders
155+pursuant to 10 U.S.C. [Sections ] Chapters 1209 and 1211;
156+B. "children of military families" means school-
157+aged children enrolled in kindergarten through twelfth grade in
158+the household of an active duty member;
138159 C. "compact commissioner" means the voting
139160 representative of each compacting state appointed pursuant to
140-Article 8 of the Interstate Compact on Educational
141-Opportunity for Military Children;
142-D. "deployment" means the period one month prior
143-to the service members' departures from their home stations
144-on military orders through six months after return to their
145-home stations;
161+Article 8 of the Interstate Compact on Educational Opportunity
162+for Military Children;
163+D. "deployment" means the period one month prior to
164+the service members' departures from their home stations on
165+military orders through six months after return to their home
166+stations;
146167 E. "education records" means records, files and
147-data that are directly related to a student and maintained by
148-a school or local education agency, including records
149-encompassing all the material kept in a student's cumulative
150-folder such as general identifying data, records of
151-attendance and of academic work completed, records of
152-achievement and results of evaluative tests, health data,
153-disciplinary status, test protocols and individualized SB 146
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180-education programs;
196+data that are directly related to a student and maintained by a
197+school or local education agency, including records
198+encompassing all the material kept in a student's cumulative
199+folder such as general identifying data, records of attendance
200+and of academic work completed, records of achievement and
201+results of evaluative tests, health data, disciplinary status,
202+test protocols and individualized education programs;
181203 F. "extracurricular activity" means a voluntary
182-activity sponsored by a school or local education agency or
183-an organization sanctioned by a local education agency.
204+activity sponsored by a school or local education agency or an
205+organization sanctioned by a local education agency.
184206 "Extracurricular activity" includes preparation for and
185207 involvement in public performances, contests, athletic
186208 competitions, demonstrations, displays and club activities;
187209 G. "interstate commission" means the interstate
188210 commission on educational opportunity for military children
189211 that is created under Article 9 of the Interstate Compact on
190212 Educational Opportunity for Military Children;
191213 H. "local education agency" means a public
192-authority legally constituted by the state as an
193-administrative agency to provide control of and direction for
194-kindergarten through twelfth grade public educational
195-institutions;
214+authority legally constituted by the state as an administrative
215+agency to provide control of and direction for kindergarten
216+through twelfth grade public educational institutions;
196217 I. "member state" means a state that has enacted
197-the Interstate Compact on Educational Opportunity for
198-Military Children;
218+the Interstate Compact on Educational Opportunity for Military
219+Children;
199220 J. "military installation" means a base, camp,
200-post, station, yard, center or homeport facility for any ship
201-or other activity under the jurisdiction of the United States
202-department of defense, including any leased facility, that is
203-located within any of the several states, the District of
204-Columbia, the commonwealth of Puerto Rico, the United States SB 146
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249+post, station, yard, center or homeport facility for any ship
250+or other activity under the jurisdiction of the United States
251+department of defense, including any leased facility, that is
252+located within any of the several states, the District of
253+Columbia, the commonwealth of Puerto Rico, the United States
231254 Virgin Islands, Guam, American Samoa, the Northern Marianas
232255 Islands and any other United States territory. The term does
233-not include any facility used primarily for civil works,
234-rivers and harbors projects or flood control projects;
256+not include any facility used primarily for civil works, rivers
257+and harbors projects or flood control projects;
235258 K. "non-member state" means a state that has not
236259 enacted the Interstate Compact on Educational Opportunity for
237260 Military Children;
238261 L. "receiving state" means the state to which a
239262 child of a military family is sent or brought or caused to be
240263 sent or brought;
241264 M. "rule" means a written statement by the
242-interstate commission promulgated pursuant to Article 12 of
243-the Interstate Compact on Educational Opportunity for
244-Military Children that is of general applicability,
245-implements, interprets or prescribes a policy or provision of
246-that compact or an organizational, procedural or practice
247-requirement of the interstate commission and includes the
248-amendment, repeal or suspension of an existing rule;
265+interstate commission promulgated pursuant to Article 12 of the
266+Interstate Compact on Educational Opportunity for Military
267+Children that is of general applicability, implements,
268+interprets or prescribes a policy or provision of that compact
269+or an organizational, procedural or practice requirement of the
270+interstate commission and includes the amendment, repeal or
271+suspension of an existing rule;
249272 N. "sending state" means the state from which a
250273 child of a military family is sent or brought or caused to be
251-sent or brought;
252-O. "state" means a state of the United States, the
253-District of Columbia, the commonwealth of Puerto Rico, the
254-United States Virgin Islands, Guam, American Samoa, the
255-Northern Marianas Islands and any other United States SB 146
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302+sent or brought;
303+O. "state" means a state of the United States, the
304+District of Columbia, the commonwealth of Puerto Rico, the
305+United States Virgin Islands, Guam, American Samoa, the
306+Northern Marianas Islands and any other United States
282307 territory;
283308 P. "student" means the child of a military family
284-for whom the local education agency receives public funding
285-and who is formally enrolled in kindergarten through twelfth
286-grade;
309+for whom the local education agency receives public funding and
310+who is formally enrolled in kindergarten through twelfth grade;
287311 Q. "transition" means:
288312 (1) the formal and physical process of
289313 transferring from school to school; or
290314 (2) the period of time in which a student
291-moves from one school in the sending state to another school
292-in the receiving state;
293-R. "uniformed services" means the army, navy,
294-air force, marine corps, coast guard and the commissioned
295-corps of the national oceanic and atmospheric administration
296-and United States public health service; and
315+moves from one school in the sending state to another school in
316+the receiving state;
317+R. "uniformed services" means the army, navy, air
318+force, marine corps, coast guard and the commissioned corps of
319+the national oceanic and atmospheric administration and United
320+States public health service; and
297321 S. "veteran" means a person who served in the
298-uniformed services and who was discharged or released from
299-the uniformed services under conditions other than
300-dishonorable.
322+uniformed services and who was discharged or released from the
323+uniformed services under conditions other than dishonorable.
301324 ARTICLE 3
302325 APPLICABILITY
303326 A. Except as otherwise provided in Subsection B of
304-this article, the Interstate Compact on Educational
305-Opportunity for Military Children shall apply to the children
306-of: SB 146
307-Page 7
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355+this article, the Interstate Compact on Educational Opportunity
356+for Military Children shall apply to the children of:
333357 (1) active duty members of the uniformed
334358 services, including members of the national guard and reserve
335-on active duty orders pursuant to 10 U.S.C. Chapters 1209 and
336-1211;
359+on active duty orders pursuant to 10 U.S.C. [Sections ] Chapters
360+1209 and 1211;
337361 (2) members or veterans of the uniformed
338362 services who are severely injured and medically discharged or
339363 retired for a period of one year after medical discharge or
340364 retirement; and
341-(3) members of the uniformed services who
342-die on active duty or as a result of injuries sustained while
343-on active duty and extending for a period of one year after
344-death.
365+(3) members of the uniformed services who die
366+on active duty or as a result of injuries sustained while on
367+active duty and extending for a period of one year after death.
345368 B. The provisions of the Interstate Compact on
346-Educational Opportunity for Military Children shall only
347-apply to local education agencies.
369+Educational Opportunity for Military Children shall only apply
370+to local education agencies.
348371 C. The provisions of the Interstate Compact on
349372 Educational Opportunity for Military Children shall not apply
350373 to the children of:
351-(1) inactive members of the national guard
352-and military reserves;
374+(1) inactive members of the national guard and
375+military reserves;
353376 (2) members of the uniformed services now
354377 retired, except as provided in Subsection A of this article;
355-(3) veterans of the uniformed services,
356-except as provided in Subsection A of this article; and
357-(4) other United States department of SB 146
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378+(3) veterans of the uniformed services, except
379+as provided in Subsection A of this article; and
380+.229784.1
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384-defense personnel and other federal agency civilian and
385-contract employees not defined as active duty members of the
386-uniformed services.
408+(4) other United States department of defense
409+personnel and other federal agency civilian and contract
410+employees not defined as active duty members of the uniformed
411+services.
387412 ARTICLE 4
388413 EDUCATIONAL RECORDS AND ENROLLMENT
389414 A. In the event that official education records
390-cannot be released to the parents for the purpose of
391-transfer, the custodian of the records in the sending state
392-shall prepare and furnish to the parent a complete set of
393-unofficial education records containing uniform information
394-as determined by the interstate commission. Upon receipt of
395-the unofficial education records by a school in the receiving
396-state, the school shall enroll and appropriately place the
397-student based on the information provided in the unofficial
398-records, pending validation by the official records, as
399-quickly as possible.
400-B. Simultaneous with the enrollment and
401-conditional placement of the student, the school in the
402-receiving state shall request the student's official
403-education record from the school in the sending state. Upon
404-receipt of this request, the school in the sending state
405-shall process and furnish the official education records to
406-the school in the receiving state within ten days or within
407-such time as is reasonably determined under the rules
408-promulgated by the interstate commission. SB 146
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415+cannot be released to the parents for the purpose of transfer,
416+the custodian of the records in the sending state shall prepare
417+and furnish to the parent a complete set of unofficial
418+education records containing uniform information as determined
419+by the interstate commission. Upon receipt of the unofficial
420+education records by a school in the receiving state, the
421+school shall enroll and appropriately place the student based
422+on the information provided in the unofficial records, pending
423+validation by the official records, as quickly as possible.
424+B. Simultaneous with the enrollment and conditional
425+placement of the student, the school in the receiving state
426+shall request the student's official education record from the
427+school in the sending state. Upon receipt of this request, the
428+school in the sending state shall process and furnish the
429+official education records to the school in the receiving state
430+within ten days or within such time as is reasonably determined
431+under the rules promulgated by the interstate commission.
432+C. Compacting states shall give thirty days from
433+.229784.1
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435-C. Compacting states shall give thirty days from
436461 the date of enrollment or within such time as is reasonably
437462 determined under the rules promulgated by the interstate
438-commission for students to obtain any immunizations required
439-by the receiving state. For a series of immunizations,
440-initial vaccinations must be obtained within thirty days or
441-within such time as is reasonably determined under the rules
442-promulgated by the interstate commission.
463+commission for students to obtain any immunizations required by
464+the receiving state. For a series of immunizations, initial
465+vaccinations must be obtained within thirty days or within such
466+time as is reasonably determined under the rules promulgated by
467+the interstate commission.
443468 D. Students shall be allowed to continue their
444-enrollment at a grade level in the receiving state
445-commensurate with their grade level, including kindergarten,
446-from a local education agency in the sending state at the
447-time of transition, regardless of age. A student that has
469+enrollment at a grade level in the receiving state commensurate
470+with their grade level, including kindergarten, from a local
471+education agency in the sending state at the time of
472+transition, regardless of age. A student that has
448473 satisfactorily completed the prerequisite grade level in the
449474 local education agency in the sending state shall be eligible
450-for enrollment in the next highest grade level in the
451-receiving state, regardless of age. A student transferring
452-after the start of the school year in the receiving state
453-shall enter the school in the receiving state on the
454-student's validated level from an accredited school in the
455-sending state.
475+for enrollment in the next highest grade level in the receiving
476+state, regardless of age. A student transferring after the
477+start of the school year in the receiving state shall enter the
478+school in the receiving state on the student's validated level
479+from an accredited school in the sending state.
456480 ARTICLE 5
457481 PLACEMENT AND ATTENDANCE
458482 A. When a student transfers before or during the
459-school year, the receiving state school shall initially honor SB 146
460-Page 10
483+school year, the receiving state school shall initially honor
484+placement of the student in educational courses based on the
485+student's enrollment in the sending state school or educational
486+.229784.1
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486-placement of the student in educational courses based on the
487-student's enrollment in the sending state school or
488-educational assessments conducted at the school in the
489-sending state if the courses are offered. Course placement
490-includes honors, international baccalaureate, advanced
491-placement, vocational, technical and career pathways courses.
492-Continuing the student's academic program from the previous
493-school and promoting placement in academically and
494-career-challenging courses should be paramount when
495-considering placement. This subsection does not preclude the
496-school in the receiving state from performing subsequent
497-evaluations to ensure appropriate placement and continued
498-enrollment of the student in the courses.
499-B. The receiving state school shall initially
500-honor placement of the student in educational programs based
501-on current educational assessments conducted at the school in
502-the sending state or participation or placement in like
503-programs in the sending state. Such programs include gifted
504-and talented programs and English as a second language. This
505-subsection does not preclude the school in the receiving
506-state from performing subsequent evaluations to ensure
507-appropriate placement of the student.
514+assessments conducted at the school in the sending state if the
515+courses are offered. Course placement includes honors,
516+international baccalaureate, advanced placement, vocational,
517+technical and career pathways courses. Continuing the
518+student's academic program from the previous school and
519+promoting placement in academically and career-challenging
520+courses should be paramount when considering placement. This
521+subsection does not preclude the school in the receiving state
522+from performing subsequent evaluations to ensure appropriate
523+placement and continued enrollment of the student in the
524+courses.
525+B. The receiving state school shall initially honor
526+placement of the student in educational programs based on
527+current educational assessments conducted at the school in the
528+sending state or participation or placement in like programs in
529+the sending state. Such programs include gifted and talented
530+programs and English as a second language. This subsection
531+does not preclude the school in the receiving state from
532+performing subsequent evaluations to ensure appropriate
533+placement of the student.
508534 C. In compliance with the federal requirements of
509535 the Individuals with Disabilities Education Act, 20 U.S.C.
510-Section 1400 et seq., the receiving state shall initially SB 146
511-Page 11
536+Section 1400 et seq., the receiving state shall initially
537+provide comparable services to a student with disabilities
538+based on the student's current individualized education
539+.229784.1
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537-provide comparable services to a student with disabilities
538-based on the student's current individualized education
539-program. In compliance with the requirements of Section 504
540-of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and
541-with Title II of the Americans with Disabilities Act of 1990,
542-42 U.S.C. Sections 12131-12165, the receiving state shall
543-make reasonable accommodations and modifications to address
544-the needs of incoming students with disabilities, subject to
545-an existing 504 or Title II plan, to provide the student with
567+program. In compliance with the requirements of Section 504 of
568+the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and with
569+Title II of the Americans with Disabilities Act of 1990, 42
570+U.S.C. Sections 12131-12165, the receiving state shall make
571+reasonable accommodations and modifications to address the
572+needs of incoming students with disabilities, subject to an
573+existing 504 or Title II plan, to provide the student with
546574 equal access to education. This subsection does not preclude
547575 the school in the receiving state from performing subsequent
548576 evaluations to ensure appropriate placement of the student.
549577 D. Local education agency administrative officials
550578 shall have flexibility in waiving course or program
551579 prerequisites or other preconditions for placement in courses
552580 or programs offered under the jurisdiction of the local
553581 education agency.
554582 E. A student whose parent or legal guardian is an
555583 active duty member of the uniformed services and has been
556584 called to duty for, is on leave from or has immediately
557585 returned from deployment to a combat zone or combat support
558586 posting shall be granted additional excused absences, at the
559587 discretion of the local education agency superintendent, to
560588 visit with the student's parent or legal guardian.
561-ARTICLE 6 SB 146
562-Page 12
589+ARTICLE 6
590+ELIGIBILITY
591+A. Special power of attorney, relative to the
592+.229784.1
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588-ELIGIBILITY
589-A. Special power of attorney, relative to the
590-guardianship of a child of a military family and executed
591-under applicable law, shall be sufficient for the purposes of
620+guardianship of a child of a military family and executed under
621+applicable law, shall be sufficient for the purposes of
592622 enrollment and all other actions requiring parental
593623 participation and consent.
594624 B. A local education agency shall be prohibited
595625 from charging local tuition to a military child who is in
596626 transition and is placed in the care of a noncustodial parent
597627 or other person standing in loco parentis who lives in a
598628 jurisdiction other than that of the custodial parent.
599629 C. A military child who is in transition and is
600630 placed in the care of a noncustodial parent or other person
601631 standing in loco parentis who lives in a jurisdiction other
602632 than that of the custodial parent may continue to attend the
603-school in which the child was enrolled while residing with
604-the custodial parent.
633+school in which the child was enrolled while residing with the
634+custodial parent.
605635 D. State and local education agencies shall
606636 facilitate the opportunity for transitioning military
607-children's inclusion in extracurricular activities,
608-regardless of application deadlines, to the extent they are
609-otherwise qualified.
637+children's inclusion in extracurricular activities, regardless
638+of application deadlines, to the extent they are otherwise
639+qualified.
610640 ARTICLE 7
611641 GRADUATION
612-In order to facilitate the on-time graduation of SB 146
613-Page 13
642+In order to facilitate the on-time graduation of children
643+of military families, states and local education agencies shall
644+incorporate the following procedures:
645+.229784.1
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639-children of military families, states and local education
640-agencies shall incorporate the following procedures:
641673 A. local education agency administrative officials
642-shall waive specific courses required for graduation if
643-similar course work has been satisfactorily completed in
644-another local education agency or shall provide reasonable
645-justification for denial. If a waiver is not granted to a
646-student who would qualify to graduate from the sending
647-school, the local education agency shall provide an
648-alternative means of acquiring required coursework so that
649-graduation may occur on time;
650-B. receiving states shall accept exit or
651-end-of-course exams required for graduation from the sending
652-state, national norm-referenced achievement tests or
653-alternative testing in lieu of testing requirements for
654-graduation in the receiving state. In the event the
655-alternatives in this subsection and Subsection A of this
656-article cannot be accommodated by the receiving state for a
657-student transferring in the student's senior year, then the
658-provisions of Subsection C of this article shall apply; and
674+shall waive specific courses required for graduation if similar
675+course work has been satisfactorily completed in another local
676+education agency or shall provide reasonable justification for
677+denial. If a waiver is not granted to a student who would
678+qualify to graduate from the sending school, the local
679+education agency shall provide an alternative means of
680+acquiring required coursework so that graduation may occur on
681+time;
682+B. receiving states shall accept exit or end-of-
683+course exams required for graduation from the sending state,
684+national norm-referenced achievement tests or alternative
685+testing in lieu of testing requirements for graduation in the
686+receiving state. In the event the alternatives in this
687+subsection and Subsection A of this article cannot be
688+accommodated by the receiving state for a student transferring
689+in the student's senior year, then the provisions of Subsection
690+C of this article shall apply; and
659691 C. if a military student transferring at the
660692 beginning of or during the military student's senior year is
661693 ineligible to graduate from the receiving local education
662-agency after all alternatives have been considered, the
663-sending and receiving local education agencies shall ensure SB 146
664-Page 14
694+agency after all alternatives have been considered, the sending
695+and receiving local education agencies shall ensure the receipt
696+of a diploma from the sending local education agency if the
697+student meets the graduation requirements of the sending local
698+.229784.1
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690-the receipt of a diploma from the sending local education
691-agency if the student meets the graduation requirements of
692-the sending local education agency. In the event that one of
693-the states in question is not a member of the Interstate
694-Compact on Educational Opportunity for Military Children, the
695-member state shall use best efforts to facilitate the on-time
696-graduation of the student in accordance with Subsections A
697-and B of this article.
726+education agency. In the event that one of the states in
727+question is not a member of the Interstate Compact on
728+Educational Opportunity for Military Children, the member state
729+shall use best efforts to facilitate the on-time graduation of
730+the student in accordance with Subsections A and B of this
731+article.
698732 ARTICLE 8
699733 STATE COORDINATION
700-A. Each member state shall, through the creation
701-of a state council or use of an existing body or board,
702-provide for the coordination among its agencies of
703-government, local education agencies and military
704-installations concerning the state's participation in and
705-compliance with the Interstate Compact on Educational
706-Opportunity for Military Children and interstate commission
707-activities. While each member state may determine the
708-membership of its own state council, its membership must
709-include: the secretary of public education, the
710-superintendent of a school district with a high concentration
711-of military children, one representative from a military
712-installation, one representative from the executive branch of
713-government and other offices and stakeholder groups the state
714-council deems appropriate. A member state that does not have SB 146
715-Page 15
734+A. Each member state shall, through the creation of
735+a state council or use of an existing body or board, provide
736+for the coordination among its agencies of government, local
737+education agencies and military installations concerning the
738+state's participation in and compliance with the Interstate
739+Compact on Educational Opportunity for Military Children and
740+interstate commission activities. While each member state may
741+determine the membership of its own state council, its
742+membership must include: the secretary of public education,
743+the superintendent of a school district with a high
744+concentration of military children, one representative from a
745+military installation, one representative from the executive
746+branch of government and other offices and stakeholder groups
747+the state council deems appropriate. A member state that does
748+not have a school district deemed to contain a high
749+concentration of military children may appoint a superintendent
750+from another school district to represent local education
751+.229784.1
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741-a school district deemed to contain a high concentration of
742-military children may appoint a superintendent from another
743-school district to represent local education agencies on the
744-state council.
779+agencies on the state council.
745780 B. The state council of each member state shall
746781 appoint or designate a military family education liaison to
747782 assist military families and the state in facilitating the
748783 implementation of the Interstate Compact on Educational
749784 Opportunity for Military Children.
750785 C. The compact commissioner responsible for the
751786 administration and management of the state's participation in
752-the Interstate Compact on Educational Opportunity for
753-Military Children shall be appointed by the governor or as
754-otherwise determined by each member state.
755-D. The compact commissioner and the military
756-family education liaison designated in this article shall be
757-ex-officio nonvoting members of the state council, unless
758-either is already a full voting member of the state council.
787+the Interstate Compact on Educational Opportunity for Military
788+Children shall be appointed by the governor or as otherwise
789+determined by each member state.
790+D. The compact commissioner and the military family
791+education liaison designated in this article shall be ex-
792+officio nonvoting members of the state council, unless either
793+is already a full voting member of the state council.
759794 ARTICLE 9
760795 INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY
761796 CHILDREN
762-The member states hereby create the "interstate
763-commission on educational opportunity for military children".
764-The activities of the interstate commission are the formation
765-of public policy and are a discretionary state function. The SB 146
766-Page 16
797+The member states hereby create the "interstate commission
798+on educational opportunity for military children". The
799+activities of the interstate commission are the formation of
800+public policy and are a discretionary state function. The
801+interstate commission shall:
802+A. be a body corporate and joint agency of the
803+member states and shall have all the responsibilities, powers
804+.229784.1
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792-interstate commission shall:
793-A. be a body corporate and joint agency of the
794-member states and shall have all the responsibilities, powers
795832 and duties set forth in the Interstate Compact on Educational
796-Opportunity for Military Children and such additional powers
797-as may be conferred upon it by a subsequent concurrent action
798-of the respective legislatures of the member states in
799-accordance with the terms of that compact;
833+Opportunity for Military Children and such additional powers as
834+may be conferred upon it by a subsequent concurrent action of
835+the respective legislatures of the member states in accordance
836+with the terms of that compact;
800837 B. consist of one voting representative from each
801838 member state who shall be that state's compact commissioner.
802-(1) Each member state represented at a
803-meeting of the interstate commission is entitled to one vote.
839+(1) Each member state represented at a meeting
840+of the interstate commission is entitled to one vote.
804841 (2) A majority of the total member states
805842 shall constitute a quorum for the transaction of business,
806843 unless a larger quorum is required by the bylaws of the
807844 interstate commission.
808-(3) A representative shall not delegate a
809-vote to another member state. In the event the compact
810-commissioner is unable to attend a meeting of the interstate
811-commission, the governor or state council may delegate voting
812-authority to another person from the person's state for a
813-specified meeting.
814-(4) The bylaws may provide for meetings of
815-the interstate commission to be conducted by
816-telecommunication or electronic communication; SB 146
817-Page 17
845+(3) A representative shall not delegate a vote
846+to another member state. In the event the compact commissioner
847+is unable to attend a meeting of the interstate commission, the
848+governor or state council may delegate voting authority to
849+another person from the person's state for a specified meeting.
850+(4) The bylaws may provide for meetings of the
851+interstate commission to be conducted by telecommunication or
852+electronic communication;
853+C. consist of ex-officio nonvoting representatives
854+who are members of interested organizations. The ex-officio
855+members, as defined in the bylaws, may include members of the
856+representative organizations of military family advocates,
857+.229784.1
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843-C. consist of ex-officio nonvoting representatives
844-who are members of interested organizations. The ex-officio
845-members, as defined in the bylaws, may include members of the
846-representative organizations of military family advocates,
847885 local education agency officials, parent and teacher groups,
848886 the United States department of defense, the education
849887 commission of the states, the interstate agreement on
850888 qualification of educational personnel and other interstate
851889 compacts affecting the education of children of military
852890 members;
853891 D. meet at least once each calendar year. The
854892 chair may call additional meetings and, upon the request of a
855893 simple majority of the member states, shall call additional
856894 meetings;
857895 E. establish an executive committee whose members
858896 shall include the officers of the interstate commission and
859897 such other members of the interstate commission as determined
860-by the bylaws. Members of the executive committee shall
861-serve a one-year term. Members of the executive committee
862-shall be entitled to one vote each. The executive committee
863-shall have the power to act on behalf of the interstate
864-commission, with the exception of rulemaking, during periods
865-when the interstate commission is not in session. The
866-executive committee shall oversee the day-to-day activities
867-of the administration of the compact, including enforcement SB 146
868-Page 18
898+by the bylaws. Members of the executive committee shall serve
899+a one-year term. Members of the executive committee shall be
900+entitled to one vote each. The executive committee shall have
901+the power to act on behalf of the interstate commission, with
902+the exception of rulemaking, during periods when the interstate
903+commission is not in session. The executive committee shall
904+oversee the day-to-day activities of the administration of the
905+compact, including enforcement and compliance with the
906+provisions of the compact, its bylaws and rules and other such
907+duties as deemed necessary. The United States department of
908+defense shall serve as an ex-officio nonvoting member of the
909+executive committee;
910+.229784.1
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894-and compliance with the provisions of the compact, its bylaws
895-and rules and other such duties as deemed necessary. The
896-United States department of defense shall serve as an
897-ex-officio nonvoting member of the executive committee;
898938 F. establish bylaws and rules that provide for
899-conditions and procedures under which the interstate
900-commission shall make its information and official records
901-available to the public for inspection or copying. The
902-interstate commission may exempt from disclosure information
903-or official records to the extent they would adversely affect
904-personal privacy rights or proprietary interests;
939+conditions and procedures under which the interstate commission
940+shall make its information and official records available to
941+the public for inspection or copying. The interstate
942+commission may exempt from disclosure information or official
943+records to the extent they would adversely affect personal
944+privacy rights or proprietary interests;
905945 G. give public notice of all meetings and all
906946 meetings shall be open to the public, except as set forth in
907-the rules or as otherwise provided in the Interstate Compact
908-on Educational Opportunity for Military Children. The
909-interstate commission and its committees may close a meeting,
910-or a portion of a meeting, if it determines by a two-thirds'
911-vote that an open meeting would be likely to:
947+the rules or as otherwise provided in the Interstate Compact on
948+Educational Opportunity for Military Children. The interstate
949+commission and its committees may close a meeting, or a portion
950+of a meeting, if it determines by a two-thirds' vote that an
951+open meeting would be likely to:
912952 (1) relate solely to the interstate
913953 commission's internal personnel practices and procedures;
914954 (2) disclose matters specifically exempted
915955 from disclosure by federal and state statute;
916956 (3) disclose trade secrets or commercial or
917957 financial information that is privileged or confidential;
918-(4) involve accusing a person of a crime or SB 146
919-Page 19
958+(4) involve accusing a person of a crime or
959+formally censuring a person;
960+(5) disclose information of a personal nature
961+if the disclosure would constitute a clearly unwarranted
962+invasion of personal privacy;
963+.229784.1
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945-formally censuring a person;
946-(5) disclose information of a personal
947-nature if the disclosure would constitute a clearly
948-unwarranted invasion of personal privacy;
949991 (6) disclose investigative records compiled
950992 for law enforcement purposes; or
951993 (7) specifically relate to the interstate
952994 commission's participation in a civil action or other legal
953995 proceeding;
954996 H. cause its legal counsel or designee to certify
955-that a meeting may be closed and shall reference each
956-relevant exemptible provision for any meeting, or portion of
957-a meeting, that is closed pursuant to this subsection. The
958-interstate commission shall keep minutes that shall fully and
959-clearly describe all matters discussed in a meeting and shall
960-provide a full and accurate summary of actions taken, and the
961-reasons for the actions, including a description of the views
962-expressed and the record of a roll call vote. All documents
963-considered in connection with an action shall be identified
964-in the minutes. All minutes and documents of a closed
965-meeting shall remain under seal, subject to release by a
966-majority vote of the interstate commission;
997+that a meeting may be closed and shall reference each relevant
998+exemptible provision for any meeting, or portion of a meeting,
999+that is closed pursuant to this subsection. The interstate
1000+commission shall keep minutes that shall fully and clearly
1001+describe all matters discussed in a meeting and shall provide a
1002+full and accurate summary of actions taken, and the reasons for
1003+the actions, including a description of the views expressed and
1004+the record of a roll call vote. All documents considered in
1005+connection with an action shall be identified in the minutes.
1006+All minutes and documents of a closed meeting shall remain
1007+under seal, subject to release by a majority vote of the
1008+interstate commission;
9671009 I. collect standardized data concerning the
9681010 educational transition of the children of military families
969-under the Interstate Compact on Educational Opportunity for SB 146
970-Page 20
1011+under the Interstate Compact on Educational Opportunity for
1012+Military Children as directed through its rules, which shall
1013+specify the data to be collected, the means of collection and
1014+data exchange and reporting requirements. The methods of data
1015+collection, exchange and reporting shall, insofar as is
1016+.229784.1
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996-Military Children as directed through its rules, which shall
997-specify the data to be collected, the means of collection and
998-data exchange and reporting requirements. The methods of
999-data collection, exchange and reporting shall, insofar as is
10001044 reasonably possible, conform to current technology and
10011045 coordinate its information functions with the appropriate
1002-custodian of records as identified in the bylaws and rules;
1003-and
1046+custodian of records as identified in the bylaws and rules; and
10041047 J. create a process that permits military
10051048 officials, education officials and parents to inform the
1006-interstate commission if and when there are alleged
1007-violations of the Interstate Compact on Educational
1008-Opportunity for Military Children or its rules or when issues
1009-subject to the jurisdiction of the compact or its rules are
1010-not addressed by the state or local education agency. This
1011-subsection shall not be construed to create a private right
1012-of action against the interstate commission or any member
1013-state.
1049+interstate commission if and when there are alleged violations
1050+of the Interstate Compact on Educational Opportunity for
1051+Military Children or its rules or when issues subject to the
1052+jurisdiction of the compact or its rules are not addressed by
1053+the state or local education agency. This subsection shall not
1054+be construed to create a private right of action against the
1055+interstate commission or any member state.
10141056 ARTICLE 10
10151057 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
10161058 The interstate commission may:
10171059 A. provide for dispute resolution among member
10181060 states;
10191061 B. promulgate rules and take all necessary actions
1020-to effect the goals, purposes and obligations as enumerated SB 146
1021-Page 21
1062+to effect the goals, purposes and obligations as enumerated in
1063+the Interstate Compact on Educational Opportunity for Military
1064+Children. The rules shall be binding in the compact states to
1065+the extent and in the manner provided in that compact;
1066+C. issue, upon request of a member state, advisory
1067+opinions concerning the meaning or interpretation of the
1068+interstate compact and its bylaws, rules and actions;
1069+.229784.1
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1047-in the Interstate Compact on Educational Opportunity for
1048-Military Children. The rules shall be binding in the compact
1049-states to the extent and in the manner provided in that
1050-compact;
1051-C. issue, upon request of a member state, advisory
1052-opinions concerning the meaning or interpretation of the
1053-interstate compact and its bylaws, rules and actions;
10541097 D. enforce compliance with the compact provisions,
10551098 the rules promulgated by the interstate commission and the
1056-bylaws, using all necessary and proper means, including the
1057-use of judicial process;
1099+bylaws, using all necessary and proper means, including the use
1100+of judicial process;
10581101 E. establish and maintain offices that shall be
10591102 located within one or more of the member states;
10601103 F. purchase and maintain insurance and bonds;
1061-G. borrow, accept, hire or contract for services
1062-of personnel;
1104+G. borrow, accept, hire or contract for services of
1105+personnel;
10631106 H. establish and appoint committees, including an
1064-executive committee as required by Subsection E of Article 9
1065-of the Interstate Compact on Educational Opportunity for
1066-Military Children, that shall have the power to act on behalf
1067-of the interstate commission in carrying out its powers and
1068-duties under that compact;
1069-I. elect or appoint officers, attorneys,
1070-employees, agents or consultants and fix their compensation,
1071-define their duties and determine their qualifications; SB 146
1072-Page 22
1107+executive committee as required by Subsection E of Article 9 of
1108+the Interstate Compact on Educational Opportunity for Military
1109+Children, that shall have the power to act on behalf of the
1110+interstate commission in carrying out its powers and duties
1111+under that compact;
1112+I. elect or appoint officers, attorneys, employees,
1113+agents or consultants and fix their compensation, define their
1114+duties and determine their qualifications;
1115+J. establish the interstate commission's personnel
1116+policies and programs relating to conflicts of interest, rates
1117+of compensation and qualifications of personnel;
1118+K. accept donations and grants of money, equipment,
1119+supplies, materials and services and receive, use and dispose
1120+of them;
1121+L. lease, purchase, accept contributions or
1122+.229784.1
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1098-J. establish the interstate commission's personnel
1099-policies and programs relating to conflicts of interest,
1100-rates of compensation and qualifications of personnel;
1101-K. accept donations and grants of money,
1102-equipment, supplies, materials and services and receive, use
1103-and dispose of them;
1104-L. lease, purchase, accept contributions or
11051150 donations of, or otherwise own, hold, improve or use, any
11061151 property, real, personal or mixed;
1107-M. sell, convey, mortgage, pledge, lease,
1108-exchange, abandon or otherwise dispose of any property, real,
1109-personal or mixed;
1152+M. sell, convey, mortgage, pledge, lease, exchange,
1153+abandon or otherwise dispose of any property, real, personal or
1154+mixed;
11101155 N. establish a budget and make expenditures;
1111-O. adopt a seal and bylaws governing the
1112-management and operation of the interstate commission;
1156+O. adopt a seal and bylaws governing the management
1157+and operation of the interstate commission;
11131158 P. report annually to the legislatures, governors,
1114-judiciaries and state councils of the member states
1115-concerning the activities of the interstate commission during
1116-the preceding year. The reports shall also include any
1159+judiciaries and state councils of the member states concerning
1160+the activities of the interstate commission during the
1161+preceding year. The reports shall also include any
11171162 recommendations that may have been adopted by the interstate
11181163 commission;
11191164 Q. coordinate education, training and public
11201165 awareness regarding the Interstate Compact on Educational
11211166 Opportunity for Military Children, its implementation and
1122-operation for officials and parents involved in such SB 146
1123-Page 23
1167+operation for officials and parents involved in such activity;
1168+R. establish uniform standards for the reporting,
1169+collecting and exchanging of data;
1170+S. maintain corporate books and records in
1171+accordance with the bylaws;
1172+T. perform such functions as may be necessary or
1173+appropriate to achieve the purposes of the Interstate Compact
1174+on Educational Opportunity for Military Children; and
1175+.229784.1
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1149-activity;
1150-R. establish uniform standards for the reporting,
1151-collecting and exchanging of data;
1152-S. maintain corporate books and records in
1153-accordance with the bylaws;
1154-T. perform such functions as may be necessary or
1155-appropriate to achieve the purposes of the Interstate Compact
1156-on Educational Opportunity for Military Children; and
11571203 U. provide for the uniform collection and sharing
11581204 of information between and among member states, schools and
11591205 military families under the Interstate Compact on Educational
11601206 Opportunity for Military Children.
11611207 ARTICLE 11
11621208 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
11631209 A. The interstate commission shall, by a majority
11641210 of the members present and voting, within twelve months after
1165-the first interstate commission meeting, adopt bylaws to
1166-govern its conduct as may be necessary or appropriate to
1167-carry out the purposes of the Interstate Compact on
1168-Educational Opportunity for Military Children, including:
1211+the first interstate commission meeting, adopt bylaws to govern
1212+its conduct as may be necessary or appropriate to carry out the
1213+purposes of the Interstate Compact on Educational Opportunity
1214+for Military Children, including:
11691215 (1) establishing the fiscal year of the
11701216 interstate commission;
11711217 (2) establishing an executive committee and
11721218 other committees as may be necessary;
1173-(3) providing for the establishment of SB 146
1174-Page 24
1219+(3) providing for the establishment of
1220+committees and for governing any general or specific delegation
1221+of authority or function of the interstate commission;
1222+(4) providing reasonable procedures for
1223+calling and conducting meetings of the interstate commission
1224+and ensuring reasonable notice of each meeting;
1225+(5) establishing the titles and
1226+responsibilities of the officers and staff of the interstate
1227+commission;
1228+.229784.1
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1200-committees and for governing any general or specific
1201-delegation of authority or function of the interstate
1202-commission;
1203-(4) providing reasonable procedures for
1204-calling and conducting meetings of the interstate commission
1205-and ensuring reasonable notice of each meeting;
1206-(5) establishing the titles and
1207-responsibilities of the officers and staff of the interstate
1208-commission;
12091256 (6) providing a mechanism for concluding the
12101257 operations of the interstate commission and the return of
12111258 surplus funds that may exist upon the termination of that
12121259 compact after paying and reserving all of its debts and
12131260 obligations; and
12141261 (7) providing start-up rules for initial
12151262 administration of the Interstate Compact on Educational
12161263 Opportunity for Military Children.
12171264 B. The interstate commission shall, by a majority
1218-of the members, elect annually from among its members a
1219-chair, a vice chair and a treasurer, each of whom shall have
1220-such authority and duties as may be specified in the bylaws.
1221-The chair or, in the chair's absence or disability, the vice
1222-chair shall preside at all meetings of the interstate
1223-commission. The officers so elected shall serve without
1224-compensation or remuneration from the interstate commission, SB 146
1225-Page 25
1265+of the members, elect annually from among its members a chair,
1266+a vice chair and a treasurer, each of whom shall have such
1267+authority and duties as may be specified in the bylaws. The
1268+chair or, in the chair's absence or disability, the vice chair
1269+shall preside at all meetings of the interstate commission.
1270+The officers so elected shall serve without compensation or
1271+remuneration from the interstate commission, provided that,
1272+subject to the availability of budgeted funds, the officers
1273+shall be reimbursed for ordinary and necessary costs and
1274+expenses incurred by them in the performance of their
1275+responsibilities as officers of the interstate commission.
1276+C. The executive committee shall have such
1277+authority and duties as may be set forth in the bylaws,
1278+including:
1279+(1) managing the affairs of the interstate
1280+commission in a manner consistent with the bylaws and purposes
1281+.229784.1
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1251-provided that, subject to the availability of budgeted funds,
1252-the officers shall be reimbursed for ordinary and necessary
1253-costs and expenses incurred by them in the performance of
1254-their responsibilities as officers of the interstate
1255-commission.
1256-C. The executive committee shall have such
1257-authority and duties as may be set forth in the bylaws,
1258-including:
1259-(1) managing the affairs of the interstate
1260-commission in a manner consistent with the bylaws and
1261-purposes of the interstate commission;
1309+of the interstate commission;
12621310 (2) overseeing an organizational structure
12631311 within, and appropriate procedures for, the interstate
12641312 commission to provide for the creation of rules, operating
1265-procedures and administrative and technical support
1266-functions; and
1313+procedures and administrative and technical support functions;
1314+and
12671315 (3) planning, implementing and coordinating
12681316 communications and activities with other state, federal and
1269-local government organizations in order to advance the goals
1270-of the interstate commission.
1317+local government organizations in order to advance the goals of
1318+the interstate commission.
12711319 D. The executive committee may, subject to the
12721320 approval of the interstate commission, appoint or retain an
12731321 executive director for such period, upon such terms and
12741322 conditions and for such compensation as the interstate
1275-commission may deem appropriate. The executive director SB 146
1276-Page 26
1323+commission may deem appropriate. The executive director shall
1324+serve as secretary to the interstate commission but shall not
1325+be a member of the interstate commission. The executive
1326+director shall hire and supervise such other persons as may be
1327+authorized by the interstate commission.
1328+E. The interstate commission shall defend the
1329+executive director and its employees and, subject to the
1330+approval of the attorney general or other appropriate legal
1331+counsel of the member state represented by an interstate
1332+commission representative, shall defend the interstate
1333+commission representative in any civil action seeking to impose
1334+.229784.1
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1302-shall serve as secretary to the interstate commission but
1303-shall not be a member of the interstate commission. The
1304-executive director shall hire and supervise such other
1305-persons as may be authorized by the interstate commission.
1306-E. The interstate commission shall defend the
1307-executive director and its employees and, subject to the
1308-approval of the attorney general or other appropriate legal
1309-counsel of the member state represented by an interstate
1310-commission representative, shall defend the interstate
1311-commission representative in any civil action seeking to
1312-impose liability arising out of an actual or alleged act,
1313-error or omission that occurred within the scope of
1314-interstate commission employment, duties or responsibilities
1315-or that the defendant had a reasonable basis for believing
1316-occurred within the scope of interstate commission
1317-employment, duties or responsibilities, provided that the
1318-actual or alleged act, error or omission did not result from
1319-intentional or willful and wanton misconduct on the part of
1320-the person.
1362+liability arising out of an actual or alleged act, error or
1363+omission that occurred within the scope of interstate
1364+commission employment, duties or responsibilities or that the
1365+defendant had a reasonable basis for believing occurred within
1366+the scope of interstate commission employment, duties or
1367+responsibilities, provided that the actual or alleged act,
1368+error or omission did not result from intentional or willful
1369+and wanton misconduct on the part of the person.
13211370 ARTICLE 12
13221371 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
13231372 A. The interstate commission shall promulgate
13241373 reasonable rules in order to effectively and efficiently
13251374 achieve the purposes of the Interstate Compact on Educational
1326-Opportunity for Military Children. If the interstate SB 146
1327-Page 27
1375+Opportunity for Military Children. If the interstate
1376+commission exercises its rulemaking authority in a manner that
1377+is beyond the scope of the purposes of that compact, or the
1378+powers granted under that compact, then such an action by the
1379+interstate commission shall be invalid and have no force or
1380+effect.
1381+B. Rules shall be made pursuant to a rulemaking
1382+process that substantially conforms to the "Model State
1383+Administrative Procedure Act" (1981), Uniform Laws Annotated,
1384+Vol. 15, p.1 (2000) as amended, as may be appropriate to the
1385+operations of the interstate commission.
1386+C. Not later than thirty days after the date a rule
1387+.229784.1
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1353-commission exercises its rulemaking authority in a manner
1354-that is beyond the scope of the purposes of that compact, or
1355-the powers granted under that compact, then such an action by
1356-the interstate commission shall be invalid and have no force
1357-or effect.
1358-B. Rules shall be made pursuant to a rulemaking
1359-process that substantially conforms to the "Model State
1360-Administrative Procedure Act" (1981), Uniform Laws Annotated,
1361-Vol. 15, p.1 (2000) as amended, as may be appropriate to the
1362-operations of the interstate commission.
1363-C. Not later than thirty days after the date a
1364-rule is promulgated, any person may file a petition for
1365-judicial review of the rule, provided that the filing of the
1366-petition shall not stay or otherwise prevent the rule from
1367-becoming effective unless the court finds that the petitioner
1368-has a substantial likelihood of success. The court shall
1369-give deference to the actions of the interstate commission
1415+is promulgated, any person may file a petition for judicial
1416+review of the rule, provided that the filing of the petition
1417+shall not stay or otherwise prevent the rule from becoming
1418+effective unless the court finds that the petitioner has a
1419+substantial likelihood of success. The court shall give
1420+deference to the actions of the interstate commission
13701421 consistent with applicable law and shall not find the rule to
1371-be unlawful if the rule represents a reasonable exercise of
1372-the interstate commission's authority.
1422+be unlawful if the rule represents a reasonable exercise of the
1423+interstate commission's authority.
13731424 D. If a majority of the legislatures of the
13741425 compacting states rejects a rule by enactment of a statute or
13751426 resolution in the same manner used to adopt the Interstate
1376-Compact on Educational Opportunity for Military Children,
1377-then the rule shall have no further force and effect in any SB 146
1378-Page 28
1427+Compact on Educational Opportunity for Military Children, then
1428+the rule shall have no further force and effect in any
1429+compacting state.
1430+ARTICLE 13
1431+OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
1432+A. All courts shall take judicial notice of the
1433+Interstate Compact on Educational Opportunity for Military
1434+Children and the rules promulgated under that compact in any
1435+judicial or administrative proceeding in a member state
1436+pertaining to the subject matter of that compact that may
1437+affect the powers, responsibilities or actions of the
1438+interstate commission.
1439+B. The interstate commission shall be entitled to
1440+.229784.1
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1404-compacting state.
1405-ARTICLE 13
1406-OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
1407-A. All courts shall take judicial notice of the
1408-Interstate Compact on Educational Opportunity for Military
1409-Children and the rules promulgated under that compact in any
1410-judicial or administrative proceeding in a member state
1411-pertaining to the subject matter of that compact that may
1412-affect the powers, responsibilities or actions of the
1413-interstate commission.
1414-B. The interstate commission shall be entitled to
14151468 receive all service of process in any proceeding provided in
14161469 Subsection A of this article and shall have standing to
14171470 intervene in the proceeding for all purposes.
14181471 C. If the interstate commission determines that a
14191472 member state has defaulted in the performance of its
1420-obligations or responsibilities under the Interstate Compact
1421-on Educational Opportunity for Military Children or the
1422-bylaws or promulgated rules, the interstate commission shall:
1473+obligations or responsibilities under the Interstate Compact on
1474+Educational Opportunity for Military Children or the bylaws or
1475+promulgated rules, the interstate commission shall:
14231476 (1) provide written notice to the defaulting
1424-state and other member states of the nature of the default,
1425-the means of curing the default and any action taken by the
1426-interstate commission. The interstate commission shall
1427-specify the means by which the defaulting state shall cure
1428-its default; and SB 146
1429-Page 29
1477+state and other member states of the nature of the default, the
1478+means of curing the default and any action taken by the
1479+interstate commission. The interstate commission shall specify
1480+the means by which the defaulting state shall cure its default;
1481+and
1482+(2) provide remedial training and specific
1483+technical assistance regarding the default.
1484+D. If the defaulting state fails to cure the
1485+default, the defaulting state shall be terminated from the
1486+Interstate Compact on Educational Opportunity for Military
1487+Children upon an affirmative vote of a majority of the member
1488+states, and all rights, privileges and benefits conferred by
1489+that compact shall be terminated from the effective date of
1490+termination. A cure of the default does not relieve the
1491+offending state of obligations or liabilities incurred during
1492+the period of the default.
1493+.229784.1
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1455-(2) provide remedial training and specific
1456-technical assistance regarding the default.
1457-D. If the defaulting state fails to cure the
1458-default, the defaulting state shall be terminated from the
1459-Interstate Compact on Educational Opportunity for Military
1460-Children upon an affirmative vote of a majority of the member
1461-states, and all rights, privileges and benefits conferred by
1462-that compact shall be terminated from the effective date of
1463-termination. A cure of the default does not relieve the
1464-offending state of obligations or liabilities incurred during
1465-the period of the default.
14661521 E. Suspension or termination of membership in the
14671522 Interstate Compact on Educational Opportunity for Military
14681523 Children shall be imposed only after all other means of
14691524 securing compliance have been exhausted. Notice of intent to
14701525 suspend or terminate shall be given by the interstate
14711526 commission to the governor, the majority and minority leaders
14721527 of the defaulting state's legislature and each of the member
14731528 states.
14741529 F. The state that has been suspended or terminated
1475-is responsible for all assessments, obligations and
1476-liabilities incurred through the effective date of suspension
1477-or termination, including obligations the performance of
1478-which extends beyond the effective date of suspension or
1479-termination. SB 146
1480-Page 30
1530+is responsible for all assessments, obligations and liabilities
1531+incurred through the effective date of suspension or
1532+termination, including obligations the performance of which
1533+extends beyond the effective date of suspension or termination.
1534+G. The interstate commission shall not bear any
1535+costs relating to any state that has been found to be in
1536+default or that has been suspended or terminated from the
1537+Interstate Compact on Educational Opportunity for Military
1538+Children unless otherwise mutually agreed upon in writing
1539+between the interstate commission and the defaulting state.
1540+H. The defaulting state may appeal the action of
1541+the interstate commission by petitioning the United States
1542+district court for the District of Columbia or the federal
1543+district where the interstate commission has its principal
1544+offices.
1545+I. The interstate commission shall attempt, upon
1546+.229784.1
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1506-G. The interstate commission shall not bear any
1507-costs relating to any state that has been found to be in
1508-default or that has been suspended or terminated from the
1509-Interstate Compact on Educational Opportunity for Military
1510-Children unless otherwise mutually agreed upon in writing
1511-between the interstate commission and the defaulting state.
1512-H. The defaulting state may appeal the action of
1513-the interstate commission by petitioning the United States
1514-district court for the District of Columbia or the federal
1515-district where the interstate commission has its principal
1516-offices.
1517-I. The interstate commission shall attempt, upon
15181574 the request of a member state, to resolve disputes that are
15191575 subject to the Interstate Compact on Educational Opportunity
15201576 for Military Children and that may arise among member states
15211577 and between member and non-member states.
15221578 J. The interstate commission shall promulgate a
15231579 rule providing for both mediation and dispute resolution for
15241580 disputes as appropriate.
15251581 K. The interstate commission, in the reasonable
15261582 exercise of its discretion, shall enforce the provisions and
1527-rules of the Interstate Compact on Educational Opportunity
1528-for Military Children.
1583+rules of the Interstate Compact on Educational Opportunity for
1584+Military Children.
15291585 L. The interstate commission may, by majority vote
1530-of the members, initiate legal action to enforce compliance SB 146
1531-Page 31
1586+of the members, initiate legal action to enforce compliance
1587+with the provisions of the Interstate Compact on Educational
1588+Opportunity for Military Children and its promulgated rules and
1589+bylaws against a member state in default. The venue for the
1590+action shall be consistent with the determination in other
1591+interstate compacts to which the state of New Mexico is a
1592+member under the laws of the state of New Mexico.
1593+M. The remedies in the Interstate Compact on
1594+Educational Opportunity for Military Children shall not be the
1595+exclusive remedies of the interstate commission. The
1596+interstate commission may avail itself of any other remedies
1597+available under state law or under the regulation of a
1598+profession.
1599+.229784.1
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1557-with the provisions of the Interstate Compact on Educational
1558-Opportunity for Military Children and its promulgated rules
1559-and bylaws against a member state in default. The venue for
1560-the action shall be consistent with the determination in
1561-other interstate compacts to which the state of New Mexico is
1562-a member under the laws of the state of New Mexico.
1563-M. The remedies in the Interstate Compact on
1564-Educational Opportunity for Military Children shall not be
1565-the exclusive remedies of the interstate commission. The
1566-interstate commission may avail itself of any other remedies
1567-available under state law or under the regulation of a
1568-profession.
15691627 ARTICLE 14
15701628 FINANCING OF THE INTERSTATE COMMISSION
15711629 A. The interstate commission shall pay or provide
15721630 for the payment of the reasonable expenses of its
15731631 establishment, organization and ongoing activities.
15741632 B. The interstate commission may levy on and
15751633 collect an annual assessment from each member state to cover
15761634 the cost of the operations and activities of the interstate
15771635 commission and its staff that must be in a total amount
15781636 sufficient to cover the interstate commission's annual budget
1579-as approved each year. The aggregate annual assessment
1580-amount shall be allocated based upon a formula to be
1581-determined by the interstate commission, which shall SB 146
1582-Page 32
1637+as approved each year. The aggregate annual assessment amount
1638+shall be allocated based upon a formula to be determined by the
1639+interstate commission, which shall promulgate a rule binding
1640+upon all member states.
1641+C. The interstate commission shall not incur
1642+obligations of any kind prior to securing the funds adequate to
1643+meet the obligations; nor shall the interstate commission
1644+pledge the credit of any of the member states, except by and
1645+with the authority of the member state.
1646+D. The interstate commission shall keep accurate
1647+accounts of all receipts and disbursements. The receipts and
1648+disbursements of the interstate commission shall be subject to
1649+the audit and accounting procedures established under its
1650+bylaws. However, all receipts and disbursements of funds
1651+handled by the interstate commission shall be audited yearly by
1652+.229784.1
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1608-promulgate a rule binding upon all member states.
1609-C. The interstate commission shall not incur
1610-obligations of any kind prior to securing the funds adequate
1611-to meet the obligations; nor shall the interstate commission
1612-pledge the credit of any of the member states, except by and
1613-with the authority of the member state.
1614-D. The interstate commission shall keep accurate
1615-accounts of all receipts and disbursements. The receipts and
1616-disbursements of the interstate commission shall be subject
1617-to the audit and accounting procedures established under its
1618-bylaws. However, all receipts and disbursements of funds
1619-handled by the interstate commission shall be audited yearly
1620-by a certified or licensed public accountant, and the report
1621-of the audit shall be included in and become part of the
1622-annual report of the interstate commission.
1680+a certified or licensed public accountant, and the report of
1681+the audit shall be included in and become part of the annual
1682+report of the interstate commission.
16231683 ARTICLE 15
16241684 MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
16251685 A. Any state is eligible to become a member state.
16261686 B. The Interstate Compact on Educational
16271687 Opportunity for Military Children shall become effective and
1628-binding upon legislative enactment of that compact into law
1629-by no less than ten of the states. The effective date shall
1630-be no earlier than December 1, 2007. Thereafter, it shall
1631-become effective and binding as to any other member state
1632-upon enactment of that compact into law by that state. The SB 146
1633-Page 33
1688+binding upon legislative enactment of that compact into law by
1689+no less than ten of the states. The effective date shall be no
1690+earlier than December 1, 2007. Thereafter, it shall become
1691+effective and binding as to any other member state upon
1692+enactment of that compact into law by that state. The
1693+governors of non-member states or their designees shall be
1694+invited to participate in the activities of the interstate
1695+commission on a nonvoting basis prior to adoption of that
1696+compact by all states.
1697+C. The interstate commission may propose amendments
1698+to the Interstate Compact on Educational Opportunity for
1699+Military Children for enactment by the member states. No
1700+amendment shall become effective and binding upon the
1701+interstate commission and the member states unless and until it
1702+is enacted into law by unanimous consent of the member states.
1703+ARTICLE 16
1704+WITHDRAWAL AND DISSOLUTION
1705+.229784.1
1706+- 32 - underscored material = new
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1659-governors of non-member states or their designees shall be
1660-invited to participate in the activities of the interstate
1661-commission on a nonvoting basis prior to adoption of that
1662-compact by all states.
1663-C. The interstate commission may propose
1664-amendments to the Interstate Compact on Educational
1665-Opportunity for Military Children for enactment by the member
1666-states. No amendment shall become effective and binding upon
1667-the interstate commission and the member states unless and
1668-until it is enacted into law by unanimous consent of the
1669-member states.
1670-ARTICLE 16
1671-WITHDRAWAL AND DISSOLUTION
16721733 A. Once effective, the Interstate Compact on
1673-Educational Opportunity for Military Children shall continue
1674-in force and remain binding upon each and every member state,
1675-provided that a member state may withdraw from that compact
1676-by specifically repealing the statute that enacted that
1677-compact into law.
1734+Educational Opportunity for Military Children shall continue in
1735+force and remain binding upon each and every member state,
1736+provided that a member state may withdraw from that compact by
1737+specifically repealing the statute that enacted that compact
1738+into law.
16781739 B. Withdrawal from the Interstate Compact on
16791740 Educational Opportunity for Military Children shall be by the
16801741 enactment of a statute repealing that compact.
16811742 C. The withdrawing state shall immediately notify
16821743 the chair of the interstate commission in writing upon the
1683-introduction of legislation repealing the Interstate Compact SB 146
1684-Page 34
1744+introduction of legislation repealing the Interstate Compact on
1745+Educational Opportunity for Military Children in the
1746+withdrawing state. The interstate commission shall notify the
1747+other member states of the withdrawing state's intent to
1748+withdraw within sixty days of its receipt of the notice.
1749+D. The withdrawing state is responsible for all
1750+assessments, obligations and liabilities incurred on its behalf
1751+through the effective date of withdrawal, including obligations
1752+the performance of which extends beyond the effective date of
1753+withdrawal.
1754+E. Reinstatement following withdrawal of a member
1755+state shall occur upon the withdrawing state reenacting the
1756+Interstate Compact on Educational Opportunity for Military
1757+Children or upon such later date as determined by the
1758+.229784.1
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1710-on Educational Opportunity for Military Children in the
1711-withdrawing state. The interstate commission shall notify
1712-the other member states of the withdrawing state's intent to
1713-withdraw within sixty days of its receipt of the notice.
1714-D. The withdrawing state is responsible for all
1715-assessments, obligations and liabilities incurred on its
1716-behalf through the effective date of withdrawal, including
1717-obligations the performance of which extends beyond the
1718-effective date of withdrawal.
1719-E. Reinstatement following withdrawal of a member
1720-state shall occur upon the withdrawing state reenacting the
1721-Interstate Compact on Educational Opportunity for Military
1722-Children or upon such later date as determined by the
17231786 interstate commission.
17241787 F. The Interstate Compact on Educational
1725-Opportunity for Military Children shall dissolve effective
1726-upon the date of the withdrawal or default of the member
1727-state that reduces the membership in that compact to one
1728-member state.
1788+Opportunity for Military Children shall dissolve effective upon
1789+the date of the withdrawal or default of the member state that
1790+reduces the membership in that compact to one member state.
17291791 G. Upon the dissolution of the Interstate Compact
17301792 on Educational Opportunity for Military Children, the compact
17311793 becomes null and void and shall be of no further force or
17321794 effect, and the business and affairs of the interstate
17331795 commission shall be concluded, and surplus funds shall be
1734-distributed in accordance with the bylaws. SB 146
1735-Page 35
1796+distributed in accordance with the bylaws.
1797+ARTICLE 17
1798+SEVERABILITY AND CONSTRUCTION
1799+A. The provisions of the Interstate Compact on
1800+Educational Opportunity for Military Children shall be
1801+severable, and if any phrase, clause, sentence or provision is
1802+deemed unenforceable, the remaining provisions of that compact
1803+shall be enforceable.
1804+B. The provisions of the Interstate Compact on
1805+Educational Opportunity for Military Children shall be
1806+liberally construed to effectuate its purposes.
1807+C. Nothing in the Interstate Compact on Educational
1808+Opportunity for Military Children shall be construed to
1809+prohibit the applicability of other interstate compacts to
1810+which the states are members.
1811+.229784.1
1812+- 34 - underscored material = new
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1761-ARTICLE 17
1762-SEVERABILITY AND CONSTRUCTION
1763-A. The provisions of the Interstate Compact on
1764-Educational Opportunity for Military Children shall be
1765-severable, and if any phrase, clause, sentence or provision
1766-is deemed unenforceable, the remaining provisions of that
1767-compact shall be enforceable.
1768-B. The provisions of the Interstate Compact on
1769-Educational Opportunity for Military Children shall be
1770-liberally construed to effectuate its purposes.
1771-C. Nothing in the Interstate Compact on
1772-Educational Opportunity for Military Children shall be
1773-construed to prohibit the applicability of other interstate
1774-compacts to which the states are members.
17751839 ARTICLE 18
17761840 BINDING EFFECT OF COMPACT AND OTHER LAWS
1777-A. Nothing in the Interstate Compact on
1778-Educational Opportunity for Military Children prevents the
1779-enforcement of any other law of a member state.
1780-B. All lawful actions of the interstate
1781-commission, including all rules and bylaws promulgated by the
1782-interstate commission, are binding upon the member states.
1783-C. All agreements between the interstate
1784-commission and the member states are binding in accordance
1785-with their terms. SB 146
1786-Page 36
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1841+A. Nothing in the Interstate Compact on Educational
1842+Opportunity for Military Children prevents the enforcement of
1843+any other law of a member state.
1844+B. All lawful actions of the interstate commission,
1845+including all rules and bylaws promulgated by the interstate
1846+commission, are binding upon the member states.
1847+C. All agreements between the interstate commission
1848+and the member states are binding in accordance with their
1849+terms.
18121850 D. In the event any provision of the Interstate
18131851 Compact on Educational Opportunity for Military Children
1814-exceeds the constitutional limits imposed on the legislature
1815-of any member state, such provision shall be ineffective to
1816-the extent of the conflict with the constitutional provision
1817-in question in that member state."."
1852+exceeds the constitutional limits imposed on the legislature of
1853+any member state, such provision shall be ineffective to the
1854+extent of the conflict with the constitutional provision in
1855+question in that member state."
1856+- 35 -
1857+.229784.1