Texas 2009 - 81st Regular

Texas House Bill HB174 Compare Versions

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1	1	81R102 KKA-F
2	2	By: King of Taylor H.B. No. 174
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to adoption of the Interstate Compact on Educational
8	8	Opportunity for Military Children.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Education Code, is amended by adding
11	11	Chapter 162 to read as follows:
12	12	CHAPTER 162. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR
13	13	MILITARY CHILDREN
14	14	Sec. 162.001. DEFINITIONS. In this chapter:
15	15	(1) "Compact" means the Interstate Compact on
16	16	Educational Opportunity for Military Children executed under
17	17	Section 162.002.
18	18	(2) "Compact commissioner" means the individual
19	19	appointed under Section 162.004.
20	20	(3) "Council" means the Texas State Council on
21	21	Educational Opportunity for Military Children established under
22	22	Section 162.005.
23	23	Sec. 162.002. EXECUTION OF COMPACT. This state enacts the
24	24	Interstate Compact on Educational Opportunity for Military
25	25	Children and enters into the compact with all other states legally
26	26	joining in the compact in substantially the following form:
27	27	INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
28	28	CHILDREN
29	29	ARTICLE I. PURPOSE
30	30	It is the purpose of this compact to remove barriers to
31	31	educational success imposed on children of military families
32	32	because of frequent moves and deployment of their parents by:
33	33	A. Facilitating the timely enrollment of children of
34	34	military families and ensuring that they are not placed at a
35	35	disadvantage due to difficulty in the transfer of education records
36	36	from the previous school district(s) or variations in entrance/age
37	37	requirements.
38	38	B. Facilitating the student placement process through
39	39	which children of military families are not disadvantaged by
40	40	variations in attendance requirements, scheduling, sequencing,
41	41	grading, course content or assessment.
42	42	C. Facilitating the qualification and eligibility for
43	43	enrollment, educational programs, and participation in
44	44	extracurricular academic, athletic, and social activities.
45	45	D. Facilitating the on-time graduation of children of
46	46	military families.
47	47	E. Providing for the promulgation and enforcement of
48	48	administrative rules implementing the provisions of this compact.
49	49	F. Providing for the uniform collection and sharing of
50	50	information between and among member states, schools, and military
51	51	families under this compact.
52	52	G. Promoting coordination between this compact and
53	53	other compacts affecting military children.
54	54	H. Promoting flexibility and cooperation between the
55	55	educational system, parents, and the student in order to achieve
56	56	educational success for the student.
57	57	ARTICLE II. DEFINITIONS
58	58	As used in this compact, unless the context clearly requires
59	59	a different construction:
60	60	A. "Active duty" means: full-time duty status in the
61	61	active uniformed service of the United States, including members of
62	62	the National Guard and Reserve on active duty orders pursuant to 10
63	63	U.S.C. Sections 1209 and 1211.
64	64	B. "Children of military families" means: a
65	65	school-aged child(ren), enrolled in kindergarten through twelfth
66	66	(12th) grade, in the household of an active duty member.
67	67	C. "Compact commissioner" means: the voting
68	68	representative of each compacting state appointed pursuant to
69	69	Article VIII of this compact.
70	70	D. "Deployment" means: the period one (1) month prior
71	71	to the service members' departure from their home station on
72	72	military orders through six (6) months after return to their home
73	73	station.
74	74	E. "Education(al) records" means: those official
75	75	records, files, and data directly related to a student and
76	76	maintained by the school or local education agency, including but
77	77	not limited to records encompassing all the material kept in the
78	78	student's cumulative folder such as general identifying data,
79	79	records of attendance and of academic work completed, records of
80	80	achievement and results of evaluative tests, health data,
81	81	disciplinary status, test protocols, and individualized education
82	82	programs.
83	83	F. "Extracurricular activities" means: a voluntary
84	84	activity sponsored by the school or local education agency or an
85	85	organization sanctioned by the local education agency.
86	86	Extracurricular activities include, but are not limited to,
87	87	preparation for and involvement in public performances, contests,
88	88	athletic competitions, demonstrations, displays, and club
89	89	activities.
90	90	G. "Interstate Commission on Educational Opportunity
91	91	for Military Children" means: the commission that is created under
92	92	Article IX of this compact, which is generally referred to as
93	93	Interstate Commission.
94	94	H. "Local education agency" means: a public authority
95	95	legally constituted by the state as an administrative agency to
96	96	provide control of and direction for kindergarten through twelfth
97	97	(12th) grade public educational institutions.
98	98	I. "Member state" means: a state that has enacted this
99	99	compact.
100	100	J. "Military installation" means: a base, camp, post,
101	101	station, yard, center, homeport facility for any ship, or other
102	102	activity under the jurisdiction of the Department of Defense,
103	103	including any leased facility, which is located within any of the
104	104	several states, the District of Columbia, the Commonwealth of
105	105	Puerto Rico, the United States Virgin Islands, Guam, American
106	106	Samoa, the Northern Marianas Islands and any other United States
107	107	territory. Such term does not include any facility used primarily
108	108	for civil works, rivers and harbors projects, or flood control
109	109	projects.
110	110	K. "Non-member state" means: a state that has not
111	111	enacted this compact.
112	112	L. "Receiving state" means: the state to which a child
113	113	of a military family is sent, brought, or caused to be sent or
114	114	brought.
115	115	M. "Rule" means: a written statement by the Interstate
116	116	Commission promulgated pursuant to Article XII of this compact that
117	117	is of general applicability, implements, interprets, or prescribes
118	118	a policy or provision of the compact, or an organizational,
119	119	procedural, or practice requirement of the Interstate Commission,
120	120	and has the force and effect of statutory law in a member state, and
121	121	includes the amendment, repeal, or suspension of an existing rule.
122	122	N. "Sending state" means: the state from which a child
123	123	of a military family is sent, brought, or caused to be sent or
124	124	brought.
125	125	O. "State" means: a state of the United States, the
126	126	District of Columbia, the Commonwealth of Puerto Rico, the United
127	127	States Virgin Islands, Guam, American Samoa, the Northern Marianas
128	128	Islands and any other United States territory.
129	129	P. "Student" means: the child of a military family for
130	130	whom the local education agency receives public funding and who is
131	131	formally enrolled in kindergarten through twelfth (12th) grade.
132	132	Q. "Transition" means: (1) the formal and physical
133	133	process of transferring from school to school; or (2) the period of
134	134	time in which a student moves from one school in the sending state
135	135	to another school in the receiving state.
136	136	R. "Uniformed service(s)" means: the Army, Navy, Air
137	137	Force, Marine Corps, Coast Guard, as well as the Commissioned Corps
138	138	of the National Oceanic and Atmospheric Administration, and Public
139	139	Health Services.
140	140	S. "Veteran" means: a person who served in the
141	141	uniformed services and who was discharged or released therefrom
142	142	under conditions other than dishonorable.
143	143	ARTICLE III. APPLICABILITY
144	144	A. Except as otherwise provided in Section B, this compact
145	145	shall apply to the children of:
146	146	1. active duty members of the uniformed services as
147	147	defined in this compact, including members of the National Guard
148	148	and Reserve on active duty orders pursuant to 10 U.S.C. Sections
149	149	1209 and 1211;
150	150	2. members or veterans of the uniformed services who
151	151	are severely injured and medically discharged or retired for a
152	152	period of one (1) year after medical discharge or retirement; and
153	153	3. members of the uniformed services who die on active
154	154	duty or as a result of injuries sustained on active duty for a
155	155	period of one (1) year after death.
156	156	B. The provisions of this interstate compact shall only
157	157	apply to local education agencies as defined in this compact.
158	158	C. The provisions of this compact shall not apply to the
159	159	children of:
160	160	1. inactive members of the national guard and military
161	161	reserves;
162	162	2. members of the uniformed services now retired,
163	163	except as provided in Section A;
164	164	3. veterans of the uniformed services, except as
165	165	provided in Section A; and
166	166	4. other U.S. Department of Defense personnel and
167	167	other federal agency civilian and contract employees not defined as
168	168	active duty members of the uniformed services.
169	169	ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT
170	170	A. Unofficial or "hand-carried" education records--In the
171	171	event that official education records cannot be released to the
172	172	parents for the purpose of transfer, the custodian of the records
173	173	in the sending state shall prepare and furnish to the parent a
174	174	complete set of unofficial education records containing uniform
175	175	information as determined by the Interstate Commission. Upon
176	176	receipt of the unofficial education records by a school in the
177	177	receiving state, the school shall enroll and appropriately place
178	178	the student based on the information provided in the unofficial
179	179	records pending validation by the official records, as quickly as
180	180	possible.
181	181	B. Official education records/transcripts--Simultaneous
182	182	with the enrollment and conditional placement of the student, the
183	183	school in the receiving state shall request the student's official
184	184	education record from the school in the sending state. Upon receipt
185	185	of this request, the school in the sending state will process and
186	186	furnish the official education records to the school in the
187	187	receiving state within ten (10) days or within such time as is
188	188	reasonably determined under the rules promulgated by the Interstate
189	189	Commission.
190	190	C. Immunizations--Compacting states shall give thirty (30)
191	191	days from the date of enrollment or within such time as is
192	192	reasonably determined under the rules promulgated by the Interstate
193	193	Commission, for students to obtain any immunization(s) required by
194	194	the receiving state. For a series of immunizations, initial
195	195	vaccinations must be obtained within thirty (30) days or within
196	196	such time as is reasonably determined under the rules promulgated
197	197	by the Interstate Commission.
198	198	D. Kindergarten and first grade entrance age--Students
199	199	shall be allowed to continue their enrollment at grade level in the
200	200	receiving state commensurate with their grade level (including
201	201	kindergarten) from a local education agency in the sending state at
202	202	the time of transition, regardless of age. A student that has
203	203	satisfactorily completed the prerequisite grade level in the local
204	204	education agency in the sending state shall be eligible for
205	205	enrollment in the next highest grade level in the receiving state,
206	206	regardless of age. A student transferring after the start of the
207	207	school year in the receiving state shall enter the school in the
208	208	receiving state on their validated level from an accredited school
209	209	in the sending state.
210	210	ARTICLE V. PLACEMENT AND ATTENDANCE
211	211	A. Course placement--When the student transfers before or
212	212	during the school year, the receiving state school shall initially
213	213	honor placement of the student in educational courses based on the
214	214	student's enrollment in the sending state school and/or educational
215	215	assessments conducted at the school in the sending state if the
216	216	courses are offered. Course placement includes but is not limited
217	217	to honors, international baccalaureate, advanced placement,
218	218	vocational, technical, and career pathways courses. Continuing the
219	219	student's academic program from the previous school and promoting
220	220	placement in academically and career challenging courses should be
221	221	paramount when considering placement. This does not preclude the
222	222	school in the receiving state from performing subsequent
223	223	evaluations to ensure appropriate placement and continued
224	224	enrollment of the student in the course(s).
225	225	B. Educational program placement--The receiving state
226	226	school shall initially honor placement of the student in
227	227	educational programs based on current educational assessments
228	228	conducted at the school in the sending state or
229	229	participation/placement in like programs in the sending state. Such
230	230	programs include, but are not limited to: (1) gifted and talented
231	231	programs; and (2) English as a second language (ESL). This does not
232	232	preclude the school in the receiving state from performing
233	233	subsequent evaluations to ensure appropriate placement of the
234	234	student.
235	235	C. Special education services--(1) In compliance with the
236	236	federal requirements of the Individuals with Disabilities
237	237	Education Act (IDEA) (20 U.S.C. Section 1400 et seq.), the
238	238	receiving state shall initially provide comparable services to a
239	239	student with disabilities based on his/her current Individualized
240	240	Education Program (IEP); and (2) In compliance with the
241	241	requirements of Section 504 of the Rehabilitation Act (29 U.S.C.A.
242	242	Section 794), and with Title II of the Americans with Disabilities
243	243	Act (42 U.S.C.A. Sections 12131-12165), the receiving state shall
244	244	make reasonable accommodations and modifications to address the
245	245	needs of incoming students with disabilities, subject to an
246	246	existing 504 or Title II Plan, to provide the student with equal
247	247	access to education. This does not preclude the school in the
248	248	receiving state from performing subsequent evaluations to ensure
249	249	appropriate placement of the student.
250	250	D. Placement flexibility--Local education agency
251	251	administrative officials shall have flexibility in waiving
252	252	course/program prerequisites, or other preconditions for placement
253	253	in courses/programs offered under the jurisdiction of the local
254	254	education agency.
255	255	E. Absence as related to deployment activities--A student
256	256	whose parent or legal guardian is an active duty member of the
257	257	uniformed services, as defined by the compact, and has been called
258	258	to duty for, is on leave from, or immediately returned from
259	259	deployment to a combat zone or combat support posting, shall be
260	260	granted additional excused absences at the discretion of the local
261	261	education agency superintendent to visit with his or her parent or
262	262	legal guardian relative to such leave or deployment of the parent or
263	263	guardian.
264	264	ARTICLE VI. ELIGIBILITY
265	265	A. Eligibility for enrollment
266	266	1. Special power of attorney, relative to the
267	267	guardianship of a child of a military family and executed under
268	268	applicable law, shall be sufficient for the purposes of enrollment
269	269	and all other actions requiring parental participation and consent.
270	270	2. A local education agency shall be prohibited from
271	271	charging local tuition to a transitioning military child placed in
272	272	the care of a non-custodial parent or other person standing in loco
273	273	parentis who lives in a jurisdiction other than that of the
274	274	custodial parent.
275	275	3. A transitioning military child, placed in the care
276	276	of a non-custodial parent or other person standing in loco parentis
277	277	who lives in a jurisdiction other than that of the custodial parent,
278	278	may continue to attend the school in which he/she was enrolled
279	279	while residing with the custodial parent.
280	280	B. Eligibility for extracurricular participation--State
281	281	and local education agencies shall facilitate the opportunity for
282	282	transitioning military children's inclusion in extracurricular
283	283	activities, regardless of application deadlines, to the extent they
284	284	are otherwise qualified.
285	285	ARTICLE VII. GRADUATION
286	286	In order to facilitate the on-time graduation of children of
287	287	military families, states and local education agencies shall
288	288	incorporate the following procedures:
289	289	A. Waiver requirements--Local education agency
290	290	administrative officials shall waive specific courses required for
291	291	graduation if similar coursework has been satisfactorily completed
292	292	in another local education agency or shall provide reasonable
293	293	justification for denial. Should a waiver not be granted to a
294	294	student who would qualify to graduate from the sending school, the
295	295	local education agency shall provide an alternative means of
296	296	acquiring required coursework so that graduation may occur on time.
297	297	B. Exit exams--States shall accept: (1) exit or
298	298	end-of-course exams required for graduation from the sending state;
299	299	or (2) national norm-referenced achievement tests; or (3)
300	300	alternative testing, in lieu of testing requirements for graduation
301	301	in the receiving state. In the event the above alternatives cannot
302	302	be accommodated by the receiving state for a student transferring
303	303	in his or her senior year, then the provisions of Article VII,
304	304	Section C, shall apply.
305	305	C. Transfers during senior year--Should a military
306	306	student transferring at the beginning or during his or her senior
307	307	year be ineligible to graduate from the receiving local education
308	308	agency after all alternatives have been considered, the sending and
309	309	receiving local education agencies shall ensure the receipt of a
310	310	diploma from the sending local education agency, if the student
311	311	meets the graduation requirements of the sending local education
312	312	agency. In the event that one of the states in question is not a
313	313	member of this compact, the member state shall use best efforts to
314	314	facilitate the on-time graduation of the student in accordance with
315	315	Sections A and B of this article.
316	316	ARTICLE VIII. STATE COORDINATION
317	317	A. Each member state shall, through the creation of a State
318	318	Council or use of an existing body or board, provide for the
319	319	coordination among its agencies of government, local education
320	320	agencies, and military installations concerning the state's
321	321	participation in, and compliance with, this compact and Interstate
322	322	Commission activities. While each member state may determine the
323	323	membership of its own State Council, its membership must include at
324	324	least: the state superintendent of education, superintendent of a
325	325	school district with a high concentration of military children,
326	326	representative from a military installation, one representative
327	327	each from the legislative and executive branches of government, and
328	328	other offices and stakeholder groups the State Council deems
329	329	appropriate. A member state that does not have a school district
330	330	deemed to contain a high concentration of military children may
331	331	appoint a superintendent from another school district to represent
332	332	local education agencies on the State Council.
333	333	B. The State Council of each member state shall appoint or
334	334	designate a military family education liaison to assist military
335	335	families and the state in facilitating the implementation of this
336	336	compact.
337	337	C. The compact commissioner responsible for the
338	338	administration and management of the state's participation in the
339	339	compact shall be appointed by the governor or as otherwise
340	340	determined by each member state.
341	341	D. The compact commissioner and the military family
342	342	education liaison designated herein shall be ex-officio members of
343	343	the State Council, unless either is already a full voting member of
344	344	the State Council.
345	345	ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
346	346	MILITARY CHILDREN
347	347	The member states hereby create the "Interstate Commission on
348	348	Educational Opportunity for Military Children." The activities of
349	349	the Interstate Commission are the formation of public policy and
350	350	are a discretionary state function. The Interstate Commission
351	351	shall:
352	352	A. Be a body corporate and joint agency of the member
353	353	states and shall have all the responsibilities, powers, and duties
354	354	set forth herein, and such additional powers as may be conferred
355	355	upon it by a subsequent concurrent action of the respective
356	356	legislatures of the member states in accordance with the terms of
357	357	this compact.
358	358	B. Consist of one Interstate Commission voting
359	359	representative from each member state who shall be that state's
360	360	compact commissioner.
361	361	1. Each member state represented at a meeting of
362	362	the Interstate Commission is entitled to one vote.
363	363	2. A majority of the total member states shall
364	364	constitute a quorum for the transaction of business, unless a
365	365	larger quorum is required by the bylaws of the Interstate
366	366	Commission.
367	367	3. A representative shall not delegate a vote to
368	368	another member state. In the event the compact commissioner is
369	369	unable to attend a meeting of the Interstate Commission, the
370	370	governor or State Council may delegate voting authority to another
371	371	person from their state for a specified meeting.
372	372	4. The bylaws may provide for meetings of the
373	373	Interstate Commission to be conducted by telecommunication or
374	374	electronic communication.
375	375	C. Consist of ex-officio, non-voting representatives
376	376	who are members of interested organizations. Such ex-officio
377	377	members, as defined in the bylaws, may include but not be limited
378	378	to, members of the representative organizations of military family
379	379	advocates, local education agency officials, parent and teacher
380	380	groups, the U.S. Department of Defense, the Education Commission of
381	381	the States, the Interstate Agreement on the Qualification of
382	382	Educational Personnel, and other interstate compacts affecting the
383	383	education of children of military members.
384	384	D. Meet at least once each calendar year. The
385	385	chairperson may call additional meetings and, upon the request of a
386	386	simple majority of the member states, shall call additional
387	387	meetings.
388	388	E. Establish an executive committee, whose members
389	389	shall include the officers of the Interstate Commission and such
390	390	other members of the Interstate Commission as determined by the
391	391	bylaws. Members of the executive committee shall serve a one year
392	392	term. Members of the executive committee shall be entitled to one
393	393	vote each. The executive committee shall have the power to act on
394	394	behalf of the Interstate Commission, with the exception of
395	395	rulemaking, during periods when the Interstate Commission is not in
396	396	session. The executive committee shall oversee the day-to-day
397	397	activities of the administration of the compact including
398	398	enforcement and compliance with the provisions of the compact, its
399	399	bylaws and rules, and other such duties as deemed necessary. The
400	400	U.S. Department of Defense shall serve as an ex-officio, nonvoting
401	401	member of the executive committee.
402	402	F. Establish bylaws and rules that provide for
403	403	conditions and procedures under which the Interstate Commission
404	404	shall make its information and official records available to the
405	405	public for inspection or copying. The Interstate Commission may
406	406	exempt from disclosure information or official records to the
407	407	extent they would adversely affect personal privacy rights or
408	408	proprietary interests.
409	409	G. Give public notice of all meetings and all meetings
410	410	shall be open to the public, except as set forth in the rules or as
411	411	otherwise provided in the compact. The Interstate Commission and
412	412	its committees may close a meeting, or portion thereof, where it
413	413	determines by two-thirds vote that an open meeting would be likely
414	414	to:
415	415	1. Relate solely to the Interstate Commission's
416	416	internal personnel practices and procedures;
417	417	2. Disclose matters specifically exempted from
418	418	disclosure by federal and state statute;
419	419	3. Disclose trade secrets or commercial or
420	420	financial information which is privileged or confidential;
421	421	4. Involve accusing a person of a crime, or
422	422	formally censuring a person;
423	423	5. Disclose information of a personal nature
424	424	where disclosure would constitute a clearly unwarranted invasion of
425	425	personal privacy;
426	426	6. Disclose investigative records compiled for
427	427	law enforcement purposes; or
428	428	7. Specifically relate to the Interstate
429	429	Commission's participation in a civil action or other legal
430	430	proceeding.
431	431	H. Shall cause its legal counsel or designee to
432	432	certify that a meeting may be closed and shall reference each
433	433	relevant exemptible provision for any meeting, or portion of a
434	434	meeting, which is closed pursuant to this provision. The Interstate
435	435	Commission shall keep minutes which shall fully and clearly
436	436	describe all matters discussed in a meeting and shall provide a full
437	437	and accurate summary of actions taken, and the reasons therefore,
438	438	including a description of the views expressed and the record of a
439	439	roll call vote. All documents considered in connection with an
440	440	action shall be identified in such minutes. All minutes and
441	441	documents of a closed meeting shall remain under seal, subject to
442	442	release by a majority vote of the Interstate Commission.
443	443	I. Shall collect standardized data concerning the
444	444	educational transition of the children of military families under
445	445	this compact as directed through its rules which shall specify the
446	446	data to be collected, the means of collection and data exchange, and
447	447	reporting requirements. Such methods of data collection, exchange,
448	448	and reporting shall, in so far as is reasonably possible, conform to
449	449	current technology and coordinate its information functions with
450	450	the appropriate custodian of records as identified in the bylaws
451	451	and rules.
452	452	J. Shall create a process that permits military
453	453	officials, education officials, and parents to inform the
454	454	Interstate Commission if and when there are alleged violations of
455	455	the compact or its rules or when issues subject to the jurisdiction
456	456	of the compact or its rules are not addressed by the state or local
457	457	education agency. This section shall not be construed to create a
458	458	private right of action against the Interstate Commission or any
459	459	member state.
460	460	ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
461	461	The Interstate Commission shall have the following powers:
462	462	A. To provide for dispute resolution among member
463	463	states.
464	464	B. To promulgate rules and take all necessary actions
465	465	to effect the goals, purposes, and obligations as enumerated in
466	466	this compact. The rules shall have the force and effect of statutory
467	467	law and shall be binding in the compact states to the extent and in
468	468	the manner provided in this compact.
469	469	C. To issue, upon request of a member state, advisory
470	470	opinions concerning the meaning or interpretation of the interstate
471	471	compact, its bylaws, rules, and actions.
472	472	D. To enforce compliance with the compact provisions,
473	473	the rules promulgated by the Interstate Commission, and the bylaws,
474	474	using all necessary and proper means, including but not limited to
475	475	the use of judicial process.
476	476	E. To establish and maintain offices which shall be
477	477	located within one or more of the member states.
478	478	F. To purchase and maintain insurance and bonds.
479	479	G. To borrow, accept, hire, or contract for services
480	480	of personnel.
481	481	H. To establish and appoint committees including, but
482	482	not limited to, an executive committee as required by Article IX,
483	483	Section E, which shall have the power to act on behalf of the
484	484	Interstate Commission in carrying out its powers and duties
485	485	hereunder.
486	486	I. To elect or appoint such officers, attorneys,
487	487	employees, agents, or consultants, and to fix their compensation,
488	488	define their duties, and determine their qualifications; and to
489	489	establish the Interstate Commission's personnel policies and
490	490	programs relating to conflicts of interest, rates of compensation,
491	491	and qualifications of personnel.
492	492	J. To accept any and all donations and grants of money,
493	493	equipment, supplies, materials, and services, and to receive,
494	494	utilize, and dispose of it.
495	495	K. To lease, purchase, accept contributions or
496	496	donations of, or otherwise to own, hold, improve or use any
497	497	property, real, personal, or mixed.
498	498	L. To sell, convey, mortgage, pledge, lease, exchange,
499	499	abandon, or otherwise dispose of any property, real, personal or
500	500	mixed.
501	501	M. To establish a budget and make expenditures.
502	502	N. To adopt a seal and bylaws governing the management
503	503	and operation of the Interstate Commission.
504	504	O. To report annually to the legislatures, governors,
505	505	judiciary, and state councils of the member states concerning the
506	506	activities of the Interstate Commission during the preceding year.
507	507	Such reports shall also include any recommendations that may have
508	508	been adopted by the Interstate Commission.
509	509	P. To coordinate education, training, and public
510	510	awareness regarding the compact, its implementation and operation
511	511	for officials and parents involved in such activity.
512	512	Q. To establish uniform standards for the reporting,
513	513	collecting, and exchanging of data.
514	514	R. To maintain corporate books and records in
515	515	accordance with the bylaws.
516	516	S. To perform such functions as may be necessary or
517	517	appropriate to achieve the purposes of this compact.
518	518	T. To provide for the uniform collection and sharing
519	519	of information between and among member states, schools, and
520	520	military families under this compact.
521	521	ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE
522	522	COMMISSION
523	523	A. The Interstate Commission shall, by a majority of the
524	524	members present and voting, within 12 months after the first
525	525	Interstate Commission meeting, adopt bylaws to govern its conduct
526	526	as may be necessary or appropriate to carry out the purposes of the
527	527	compact, including, but not limited to:
528	528	1. Establishing the fiscal year of the Interstate
529	529	Commission;
530	530	2. Establishing an executive committee, and such other
531	531	committees as may be necessary;
532	532	3. Providing for the establishment of committees and
533	533	for governing any general or specific delegation of authority or
534	534	function of the Interstate Commission;
535	535	4. Providing reasonable procedures for calling and
536	536	conducting meetings of the Interstate Commission, and ensuring
537	537	reasonable notice of each such meeting;
538	538	5. Establishing the titles and responsibilities of the
539	539	officers and staff of the Interstate Commission;
540	540	6. Providing a mechanism for concluding the operations
541	541	of the Interstate Commission and the return of surplus funds that
542	542	may exist upon the termination of the compact after the payment and
543	543	reserving of all of its debts and obligations;
544	544	7. Providing "start up" rules for initial
545	545	administration of the compact.
546	546	B. The Interstate Commission shall, by a majority of the
547	547	members, elect annually from among its members a chairperson, a
548	548	vice-chairperson, and a treasurer, each of whom shall have such
549	549	authority and duties as may be specified in the bylaws. The
550	550	chairperson or, in the chairperson's absence or disability, the
551	551	vice-chairperson, shall preside at all meetings of the Interstate
552	552	Commission. The officers so elected shall serve without
553	553	compensation or remuneration from the Interstate Commission;
554	554	provided that, subject to the availability of budgeted funds, the
555	555	officers shall be reimbursed for ordinary and necessary costs and
556	556	expenses incurred by them in the performance of their
557	557	responsibilities as officers of the Interstate Commission.
558	558	C. Executive Committee, Officers, and Personnel
559	559	1. The executive committee shall have such authority
560	560	and duties as may be set forth in the bylaws, including but not
561	561	limited to:
562	562	a. Managing the affairs of the Interstate
563	563	Commission in a manner consistent with the bylaws and purposes of
564	564	the Interstate Commission;
565	565	b. Overseeing an organizational structure
566	566	within, and appropriate procedures for the Interstate Commission to
567	567	provide for the creation of rules, operating procedures, and
568	568	administrative and technical support functions; and
569	569	c. Planning, implementing, and coordinating
570	570	communications and activities with other state, federal, and local
571	571	government organizations in order to advance the goals of the
572	572	Interstate Commission.
573	573	2. The executive committee may, subject to the
574	574	approval of the Interstate Commission, appoint or retain an
575	575	executive director for such period, upon such terms and conditions
576	576	and for such compensation, as the Interstate Commission may deem
577	577	appropriate. The executive director shall serve as secretary to
578	578	the Interstate Commission, but shall not be a member of the
579	579	Interstate Commission. The executive director shall hire and
580	580	supervise such other persons as may be authorized by the Interstate
581	581	Commission.
582	582	D. The Interstate Commission's executive director and its
583	583	employees shall be immune from suit and liability, either
584	584	personally or in their official capacity, for a claim for damage to
585	585	or loss of property or personal injury or other civil liability
586	586	caused or arising out of or relating to an actual or alleged act,
587	587	error, or omission that occurred, or that such person had a
588	588	reasonable basis for believing occurred, within the scope of
589	589	Interstate Commission employment, duties, or responsibilities;
590	590	provided, that such person shall not be protected from suit or
591	591	liability for damage, loss, injury, or liability caused by the
592	592	intentional or wilful and wanton misconduct of such person.
593	593	1. The liability of the Interstate Commission's
594	594	executive director and employees or Interstate Commission
595	595	representatives, acting within the scope of such person's
596	596	employment or duties for acts, errors, or omissions occurring
597	597	within such person's state may not exceed the limits of liability
598	598	set forth under the constitution and laws of that state for state
599	599	officials, employees, and agents. The Interstate Commission is
600	600	considered to be an instrumentality of the states for the purposes
601	601	of any such action. Nothing in this subsection shall be construed to
602	602	protect such person from suit or liability for damage, loss,
603	603	injury, or liability caused by the intentional or wilful and wanton
604	604	misconduct of such person.
605	605	2. The Interstate Commission shall defend the
606	606	executive director and its employees and, subject to the approval
607	607	of the attorney general or other appropriate legal counsel of the
608	608	member state represented by an Interstate Commission
609	609	representative, shall defend such Interstate Commission
610	610	representative in any civil action seeking to impose liability
611	611	arising out of an actual or alleged act, error, or omission that
612	612	occurred within the scope of Interstate Commission employment,
613	613	duties, or responsibilities, or that the defendant had a reasonable
614	614	basis for believing occurred within the scope of Interstate
615	615	Commission employment, duties, or responsibilities, provided that
616	616	the actual or alleged act, error, or omission did not result from
617	617	intentional or wilful and wanton misconduct on the part of such
618	618	person.
619	619	3. To the extent not covered by the state involved, the
620	620	member state, or the Interstate Commission, the representatives or
621	621	employees of the Interstate Commission shall be held harmless in
622	622	the amount of a settlement or judgment, including attorney's fees
623	623	and costs, obtained against such persons arising out of an actual or
624	624	alleged act, error, or omission that occurred within the scope of
625	625	Interstate Commission employment, duties, or responsibilities, or
626	626	that such persons had a reasonable basis for believing occurred
627	627	within the scope of Interstate Commission employment, duties, or
628	628	responsibilities, provided that the actual or alleged act, error,
629	629	or omission did not result from intentional or wilful and wanton
630	630	misconduct on the part of such persons.
631	631	ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
632	632	A. Rulemaking Authority--The Interstate Commission shall
633	633	promulgate reasonable rules in order to effectively and efficiently
634	634	achieve the purposes of this compact. Notwithstanding the
635	635	foregoing, in the event the Interstate Commission exercises its
636	636	rulemaking authority in a manner that is beyond the scope of the
637	637	purposes of this Act, or the powers granted hereunder, then such an
638	638	action by the Interstate Commission shall be invalid and have no
639	639	force or effect.
640	640	B. Rulemaking Procedure--Rules shall be made pursuant to a
641	641	rulemaking process that substantially conforms to the "Model State
642	642	Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated,
643	643	Volume 15, page 1 (2000), as amended, as may be appropriate to the
644	644	operations of the Interstate Commission.
645	645	C. Not later than thirty (30) days after a rule is
646	646	promulgated, any person may file a petition for judicial review of
647	647	the rule; provided, that the filing of such a petition shall not
648	648	stay or otherwise prevent the rule from becoming effective unless
649	649	the court finds that the petitioner has a substantial likelihood of
650	650	success. The court shall give deference to the actions of the
651	651	Interstate Commission consistent with applicable law and shall not
652	652	find the rule to be unlawful if the rule represents a reasonable
653	653	exercise of the Interstate Commission's authority.
654	654	D. If a majority of the legislatures of the compacting
655	655	states rejects a rule by enactment of a statute or resolution in the
656	656	same manner used to adopt the compact, then such rule shall have no
657	657	further force and effect in any compacting state.
658	658	ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
659	659	A. Oversight
660	660	1. The executive, legislative, and judicial branches
661	661	of state government in each member state shall enforce this compact
662	662	and shall take all actions necessary and appropriate to effectuate
663	663	the compact's purposes and intent. The provisions of this compact
664	664	and the rules promulgated hereunder shall have standing as
665	665	statutory law.
666	666	2. All courts shall take judicial notice of the
667	667	compact and the rules in any judicial or administrative proceeding
668	668	in a member state pertaining to the subject matter of this compact
669	669	which may affect the powers, responsibilities, or actions of the
670	670	Interstate Commission.
671	671	3. The Interstate Commission shall be entitled to
672	672	receive all service of process in any such proceeding, and shall
673	673	have standing to intervene in the proceeding for all purposes.
674	674	Failure to provide service of process to the Interstate Commission
675	675	shall render a judgment or order void as to the Interstate
676	676	Commission, this compact, or promulgated rules.
677	677	B. Default, Technical Assistance, Suspension, and
678	678	Termination--If the Interstate Commission determines that a member
679	679	state has defaulted in the performance of its obligations or
680	680	responsibilities under this compact, or the bylaws or promulgated
681	681	rules, the Interstate Commission shall:
682	682	1. Provide written notice to the defaulting state and
683	683	other member states, of the nature of the default, the means of
684	684	curing the default and any action taken by the Interstate
685	685	Commission. The Interstate Commission shall specify the conditions
686	686	by which the defaulting state must cure its default.
687	687	2. Provide remedial training and specific technical
688	688	assistance regarding the default.
689	689	3. If the defaulting state fails to cure the default,
690	690	the defaulting state shall be terminated from the compact upon an
691	691	affirmative vote of a majority of the member states and all rights,
692	692	privileges, and benefits conferred by this compact shall be
693	693	terminated from the effective date of termination. A cure of the
694	694	default does not relieve the offending state of obligations or
695	695	liabilities incurred during the period of the default.
696	696	4. Suspension or termination of membership in the
697	697	compact shall be imposed only after all other means of securing
698	698	compliance have been exhausted. Notice of intent to suspend or
699	699	terminate shall be given by the Interstate Commission to the
700	700	governor, the majority and minority leaders of the defaulting
701	701	state's legislature, and each of the member states.
702	702	5. The state which has been suspended or terminated is
703	703	responsible for all assessments, obligations, and liabilities
704	704	incurred through the effective date of suspension or termination
705	705	including obligations, the performance of which extends beyond the
706	706	effective date of suspension or termination.
707	707	6. The Interstate Commission shall not bear any costs
708	708	relating to any state that has been found to be in default or which
709	709	has been suspended or terminated from the compact, unless otherwise
710	710	mutually agreed upon in writing between the Interstate Commission
711	711	and the defaulting state.
712	712	7. The defaulting state may appeal the action of the
713	713	Interstate Commission by petitioning the U.S. District Court for
714	714	the District of Columbia or the federal district where the
715	715	Interstate Commission has its principal offices. The prevailing
716	716	party shall be awarded all costs of such litigation including
717	717	reasonable attorney's fees.
718	718	C. Dispute Resolution
719	719	1. The Interstate Commission shall attempt, upon the
720	720	request of a member state, to resolve disputes which are subject to
721	721	the compact and which may arise among member states and between
722	722	member and non-member states.
723	723	2. The Interstate Commission shall promulgate a rule
724	724	providing for both mediation and binding dispute resolution for
725	725	disputes as appropriate.
726	726	D. Enforcement
727	727	1. The Interstate Commission, in the reasonable
728	728	exercise of its discretion, shall enforce the provisions and rules
729	729	of this compact.
730	730	2. The Interstate Commission may, by majority vote of
731	731	the members, initiate legal action in the U.S. District Court for
732	732	the District of Columbia or, at the discretion of the Interstate
733	733	Commission, in the federal district where the Interstate Commission
734	734	has its principal offices, to enforce compliance with the
735	735	provisions of the compact, its promulgated rules and bylaws,
736	736	against a member state in default. The relief sought may include
737	737	both injunctive relief and damages. In the event judicial
738	738	enforcement is necessary, the prevailing party shall be awarded all
739	739	costs of such litigation including reasonable attorney's fees.
740	740	3. The remedies herein shall not be the exclusive
741	741	remedies of the Interstate Commission. The Interstate Commission
742	742	may avail itself of any other remedies available under state law or
743	743	the regulation of a profession.
744	744	ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION
745	745	A. The Interstate Commission shall pay, or provide for the
746	746	payment of the reasonable expenses of its establishment,
747	747	organization, and ongoing activities.
748	748	B. The Interstate Commission may levy on and collect an
749	749	annual assessment from each member state to cover the cost of the
750	750	operations and activities of the Interstate Commission and its
751	751	staff, which must be in a total amount sufficient to cover the
752	752	Interstate Commission's annual budget as approved each year. The
753	753	aggregate annual assessment amount shall be allocated based upon a
754	754	formula to be determined by the Interstate Commission, which shall
755	755	promulgate a rule binding upon all member states.
756	756	C. The Interstate Commission shall not incur obligations of
757	757	any kind prior to securing the funds adequate to meet the same; nor
758	758	shall the Interstate Commission pledge the credit of any of the
759	759	member states, except by and with the authority of the member state.
760	760	D. The Interstate Commission shall keep accurate accounts
761	761	of all receipts and disbursements. The receipts and disbursements
762	762	of the Interstate Commission shall be subject to the audit and
763	763	accounting procedures established under its bylaws. However, all
764	764	receipts and disbursements of funds handled by the Interstate
765	765	Commission shall be audited yearly by a certified or licensed
766	766	public accountant and the report of the audit shall be included in
767	767	and become part of the annual report of the Interstate Commission.
768	768	ARTICLE XV. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
769	769	A. Any state is eligible to become a member state.
770	770	B. The compact shall become effective and binding upon
771	771	legislative enactment of the compact into law by no less than ten
772	772	(10) of the states. The effective date shall be no earlier than
773	773	December 1, 2007. Thereafter it shall become effective and binding
774	774	as to any other member state upon enactment of the compact into law
775	775	by that state. The governors of non-member states or their
776	776	designees shall be invited to participate in the activities of the
777	777	Interstate Commission on a non-voting basis prior to adoption of
778	778	the compact by all states.
779	779	C. The Interstate Commission may propose amendments to the
780	780	compact for enactment by the member states. No amendment shall
781	781	become effective and binding upon the Interstate Commission and the
782	782	member states unless and until it is enacted into law by unanimous
783	783	consent of the member states.
784	784	ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
785	785	A. Withdrawal
786	786	1. Once effective, the compact shall continue in force
787	787	and remain binding upon each and every member state; provided that a
788	788	member state may withdraw from the compact by specifically
789	789	repealing the statute which enacted the compact into law.
790	790	2. Withdrawal from this compact shall be by the
791	791	enactment of a statute repealing the same, but shall not take effect
792	792	until one (1) year after the effective date of such statute and
793	793	until written notice of the withdrawal has been given by the
794	794	withdrawing state to the governor of each other member
795	795	jurisdiction.
796	796	3. The withdrawing state shall immediately notify the
797	797	chairperson of the Interstate Commission in writing upon the
798	798	introduction of legislation repealing this compact in the
799	799	withdrawing state. The Interstate Commission shall notify the
800	800	other member states of the withdrawing state's intent to withdraw
801	801	within sixty (60) days of its receipt thereof.
802	802	4. The withdrawing state is responsible for all
803	803	assessments, obligations, and liabilities incurred through the
804	804	effective date of withdrawal, including obligations, the
805	805	performance of which extend beyond the effective date of
806	806	withdrawal.
807	807	5. Reinstatement following withdrawal of a member
808	808	state shall occur upon the withdrawing state reenacting the compact
809	809	or upon such later date as determined by the Interstate Commission.
810	810	B. Dissolution of Compact
811	811	1. This compact shall dissolve effective upon the date
812	812	of the withdrawal or default of the member state which reduces the
813	813	membership in the compact to one (1) member state.
814	814	2. Upon the dissolution of this compact, the compact
815	815	becomes null and void and shall be of no further force or effect,
816	816	and the business and affairs of the Interstate Commission shall be
817	817	concluded and surplus funds shall be distributed in accordance with
818	818	the bylaws.
819	819	ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
820	820	A. The provisions of this compact shall be severable, and if
821	821	any phrase, clause, sentence, or provision is deemed unenforceable,
822	822	the remaining provisions of the compact shall be enforceable.
823	823	B. The provisions of this compact shall be liberally
824	824	construed to effectuate its purposes.
825	825	C. Nothing in this compact shall be construed to prohibit
826	826	the applicability of other interstate compacts to which the states
827	827	are members.
828	828	ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
829	829	A. Other Laws
830	830	1. Nothing herein prevents the enforcement of any
831	831	other law of a member state that is not inconsistent with this
832	832	compact.
833	833	2. All member states' laws conflicting with this
834	834	compact are superseded to the extent of the conflict.
835	835	B. Binding Effect of the Compact
836	836	1. All lawful actions of the Interstate Commission,
837	837	including all rules and bylaws promulgated by the Interstate
838	838	Commission, are binding upon the member states.
839	839	2. All agreements between the Interstate Commission
840	840	and the member states are binding in accordance with their terms.
841	841	3. In the event any provision of this compact exceeds
842	842	the constitutional limits imposed on the legislature of any member
843	843	state, such provision shall be ineffective to the extent of the
844	844	conflict with the constitutional provision in question in that
845	845	member state.
846	846	Sec. 162.003. EFFECT ON TEXAS LAWS. If the laws of this
847	847	state conflict with the compact or a rule adopted under that
848	848	compact, the compact or rule controls, except that if a conflict
849	849	exists between the compact or rule and the Texas Constitution, as
850	850	determined by the courts of this state, the Texas Constitution
851	851	controls.
852	852	Sec. 162.004. COMPACT COMMISSIONER. (a) The governor
853	853	shall appoint a compact commissioner to be responsible for
854	854	administration and management of this state's participation in the
855	855	compact.
856	856	(b) If the compact commissioner is unable to attend a
857	857	specific meeting of the Interstate Commission created under the
858	858	compact, the governor shall delegate voting authority for that
859	859	meeting to another individual from this state.
860	860	(c) The compact commissioner serves at the will of the
861	861	governor.
862	862	Sec. 162.005. TEXAS STATE COUNCIL ON EDUCATIONAL
863	863	OPPORTUNITY FOR MILITARY CHILDREN. (a) The Texas State Council on
864	864	Educational Opportunity for Military Children is established.
865	865	(b) The council consists of:
866	866	(1) the commissioner of education;
867	867	(2) the superintendent of a school district in this
868	868	state with a high concentration of students who are the dependents
869	869	of military personnel, appointed by the commissioner of education;
870	870	(3) a representative from a military installation in
871	871	this state, appointed by the governor;
872	872	(4) a representative from the house of
873	873	representatives, appointed by the speaker of the house of
874	874	representatives;
875	875	(5) a representative from the senate, appointed by the
876	876	lieutenant governor;
877	877	(6) a representative from the governor's office,
878	878	appointed by the governor;
879	879	(7) as ex officio nonvoting members:
880	880	(A) the military family education liaison
881	881	designated under Subsection (d)(2), unless the individual serving
882	882	as liaison is otherwise included in the council as a voting member;
883	883	and
884	884	(B) the compact commissioner, unless the
885	885	individual serving as compact commissioner is otherwise included in
886	886	the council as a voting member; and
887	887	(8) any other representatives of offices or
888	888	stakeholder groups whose inclusion is considered appropriate by at
889	889	least a majority of the voting council members, selected in a manner
890	890	determined by the respective office or group.
891	891	(c) A member of the council described by Subsections
892	892	(b)(2)-(6) serves at the pleasure of the appointing officer. A
893	893	member of the council described by Subsection (b)(8) serves at the
894	894	pleasure of the office or group represented by the member.
895	895	(d) The council shall:
896	896	(1) provide for coordination among state agencies,
897	897	school districts, and military installations concerning the
898	898	state's participation in and compliance with the compact and the
899	899	activities of the Interstate Commission created under the compact;
900	900	(2) designate an individual to serve, at the pleasure
901	901	of the council, as a military family education liaison to assist
902	902	military families and this state in facilitating the implementation
903	903	of the compact; and
904	904	(3) perform other functions delegated to the council
905	905	in accordance with the compact.
906	906	(e) A member of the council serves without compensation, but
907	907	is entitled to reimbursement for actual and necessary expenses
908	908	incurred in performing functions of the council, subject to any
909	909	applicable limitation on reimbursement provided by the General
910	910	Appropriations Act.
911	911	SECTION 2. Section 25.005(a), Education Code, is amended to
912	912	read as follows:
913	913	(a) To facilitate the transfer of military personnel and
914	914	their dependents to and from the public schools of this state, the
915	915	agency shall pursue reciprocity agreements [with other states]
916	916	governing the terms of those transfers with other states that are
917	917	not parties to the Interstate Compact on Educational Opportunity
918	918	for Military Children adopted under Chapter 162.
919	919	SECTION 3. This Act takes effect immediately if it receives
920	920	a vote of two-thirds of all the members elected to each house, as
921	921	provided by Section 39, Article III, Texas Constitution. If this
922	922	Act does not receive the vote necessary for immediate effect, this
923	923	Act takes effect September 1, 2009.