81R102 KKA-F
By: King of Taylor H.B. No. 174
A BILL TO BE ENTITLED
AN ACT
relating to adoption of the Interstate Compact on Educational
Opportunity for Military Children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Education Code, is amended by adding
Chapter 162 to read as follows:
CHAPTER 162. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN
Sec. 162.001. DEFINITIONS. In this chapter:
(1) "Compact" means the Interstate Compact on
Educational Opportunity for Military Children executed under
Section 162.002.
(2) "Compact commissioner" means the individual
appointed under Section 162.004.
(3) "Council" means the Texas State Council on
Educational Opportunity for Military Children established under
Section 162.005.
Sec. 162.002. EXECUTION OF COMPACT. This state enacts the
Interstate Compact on Educational Opportunity for Military
Children and enters into the compact with all other states legally
joining in the compact in substantially the following form:
INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
CHILDREN
ARTICLE I. PURPOSE
It is the purpose of this compact to remove barriers to
educational success imposed on children of military families
because of frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of
military families and ensuring that they are not placed at a
disadvantage due to difficulty in the transfer of education records
from the previous school district(s) or variations in entrance/age
requirements.
B. Facilitating the student placement process through
which children of military families are not disadvantaged by
variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment.
C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in
extracurricular academic, athletic, and social activities.
D. Facilitating the on-time graduation of children of
military families.
E. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of
information between and among member states, schools, and military
families under this compact.
G. Promoting coordination between this compact and
other compacts affecting military children.
H. Promoting flexibility and cooperation between the
educational system, parents, and the student in order to achieve
educational success for the student.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires
a different construction:
A. "Active duty" means: full-time duty status in the
active uniformed service of the United States, including members of
the National Guard and Reserve on active duty orders pursuant to 10
U.S.C. Sections 1209 and 1211.
B. "Children of military families" means: a
school-aged child(ren), enrolled in kindergarten through twelfth
(12th) grade, in the household of an active duty member.
C. "Compact commissioner" means: the voting
representative of each compacting state appointed pursuant to
Article VIII of this compact.
D. "Deployment" means: the period one (1) month prior
to the service members' departure from their home station on
military orders through six (6) months after return to their home
station.
E. "Education(al) records" means: those official
records, files, and data directly related to a student and
maintained by the school or local education agency, including but
not limited to records encompassing all the material kept in the
student's cumulative folder such as general identifying data,
records of attendance and of academic work completed, records of
achievement and results of evaluative tests, health data,
disciplinary status, test protocols, and individualized education
programs.
F. "Extracurricular activities" means: a voluntary
activity sponsored by the school or local education agency or an
organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to,
preparation for and involvement in public performances, contests,
athletic competitions, demonstrations, displays, and club
activities.
G. "Interstate Commission on Educational Opportunity
for Military Children" means: the commission that is created under
Article IX of this compact, which is generally referred to as
Interstate Commission.
H. "Local education agency" means: a public authority
legally constituted by the state as an administrative agency to
provide control of and direction for kindergarten through twelfth
(12th) grade public educational institutions.
I. "Member state" means: a state that has enacted this
compact.
J. "Military installation" means: a base, camp, post,
station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the Department of Defense,
including any leased facility, which is located within any of the
several states, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Islands and any other United States
territory. Such term does not include any facility used primarily
for civil works, rivers and harbors projects, or flood control
projects.
K. "Non-member state" means: a state that has not
enacted this compact.
L. "Receiving state" means: the state to which a child
of a military family is sent, brought, or caused to be sent or
brought.
M. "Rule" means: a written statement by the Interstate
Commission promulgated pursuant to Article XII of this compact that
is of general applicability, implements, interprets, or prescribes
a policy or provision of the compact, or an organizational,
procedural, or practice requirement of the Interstate Commission,
and has the force and effect of statutory law in a member state, and
includes the amendment, repeal, or suspension of an existing rule.
N. "Sending state" means: the state from which a child
of a military family is sent, brought, or caused to be sent or
brought.
O. "State" means: a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands and any other United States territory.
P. "Student" means: the child of a military family for
whom the local education agency receives public funding and who is
formally enrolled in kindergarten through twelfth (12th) grade.
Q. "Transition" means: (1) the formal and physical
process of transferring from school to school; or (2) the period of
time in which a student moves from one school in the sending state
to another school in the receiving state.
R. "Uniformed service(s)" means: the Army, Navy, Air
Force, Marine Corps, Coast Guard, as well as the Commissioned Corps
of the National Oceanic and Atmospheric Administration, and Public
Health Services.
S. "Veteran" means: a person who served in the
uniformed services and who was discharged or released therefrom
under conditions other than dishonorable.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in Section B, this compact
shall apply to the children of:
1. active duty members of the uniformed services as
defined in this compact, including members of the National Guard
and Reserve on active duty orders pursuant to 10 U.S.C. Sections
1209 and 1211;
2. members or veterans of the uniformed services who
are severely injured and medically discharged or retired for a
period of one (1) year after medical discharge or retirement; and
3. members of the uniformed services who die on active
duty or as a result of injuries sustained on active duty for a
period of one (1) year after death.
B. The provisions of this interstate compact shall only
apply to local education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the
children of:
1. inactive members of the national guard and military
reserves;
2. members of the uniformed services now retired,
except as provided in Section A;
3. veterans of the uniformed services, except as
provided in Section A; and
4. other U.S. Department of Defense personnel and
other federal agency civilian and contract employees not defined as
active duty members of the uniformed services.
ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT
A. Unofficial or "hand-carried" education records--In the
event that official education records cannot be released to the
parents for the purpose of transfer, the custodian of the records
in the sending state shall prepare and furnish to the parent a
complete set of unofficial education records containing uniform
information as determined by the Interstate Commission. Upon
receipt of the unofficial education records by a school in the
receiving state, the school shall enroll and appropriately place
the student based on the information provided in the unofficial
records pending validation by the official records, as quickly as
possible.
B. Official education records/transcripts--Simultaneous
with the enrollment and conditional placement of the student, the
school in the receiving state shall request the student's official
education record from the school in the sending state. Upon receipt
of this request, the school in the sending state will process and
furnish the official education records to the school in the
receiving state within ten (10) days or within such time as is
reasonably determined under the rules promulgated by the Interstate
Commission.
C. Immunizations--Compacting states shall give thirty (30)
days from the date of enrollment or within such time as is
reasonably determined under the rules promulgated by the Interstate
Commission, for students to obtain any immunization(s) required by
the receiving state. For a series of immunizations, initial
vaccinations must be obtained within thirty (30) days or within
such time as is reasonably determined under the rules promulgated
by the Interstate Commission.
D. Kindergarten and first grade entrance age--Students
shall be allowed to continue their enrollment at grade level in the
receiving state commensurate with their grade level (including
kindergarten) from a local education agency in the sending state at
the time of transition, regardless of age. A student that has
satisfactorily completed the prerequisite grade level in the local
education agency in the sending state shall be eligible for
enrollment in the next highest grade level in the receiving state,
regardless of age. A student transferring after the start of the
school year in the receiving state shall enter the school in the
receiving state on their validated level from an accredited school
in the sending state.
ARTICLE V. PLACEMENT AND ATTENDANCE
A. Course placement--When the student transfers before or
during the school year, the receiving state school shall initially
honor placement of the student in educational courses based on the
student's enrollment in the sending state school and/or educational
assessments conducted at the school in the sending state if the
courses are offered. Course placement includes but is not limited
to honors, international baccalaureate, advanced placement,
vocational, technical, and career pathways courses. Continuing the
student's academic program from the previous school and promoting
placement in academically and career challenging courses should be
paramount when considering placement. This does not preclude the
school in the receiving state from performing subsequent
evaluations to ensure appropriate placement and continued
enrollment of the student in the course(s).
B. Educational program placement--The receiving state
school shall initially honor placement of the student in
educational programs based on current educational assessments
conducted at the school in the sending state or
participation/placement in like programs in the sending state. Such
programs include, but are not limited to: (1) gifted and talented
programs; and (2) English as a second language (ESL). This does not
preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement of the
student.
C. Special education services--(1) In compliance with the
federal requirements of the Individuals with Disabilities
Education Act (IDEA) (20 U.S.C. Section 1400 et seq.), the
receiving state shall initially provide comparable services to a
student with disabilities based on his/her current Individualized
Education Program (IEP); and (2) In compliance with the
requirements of Section 504 of the Rehabilitation Act (29 U.S.C.A.
Section 794), and with Title II of the Americans with Disabilities
Act (42 U.S.C.A. Sections 12131-12165), the receiving state shall
make reasonable accommodations and modifications to address the
needs of incoming students with disabilities, subject to an
existing 504 or Title II Plan, to provide the student with equal
access to education. This does not preclude the school in the
receiving state from performing subsequent evaluations to ensure
appropriate placement of the student.
D. Placement flexibility--Local education agency
administrative officials shall have flexibility in waiving
course/program prerequisites, or other preconditions for placement
in courses/programs offered under the jurisdiction of the local
education agency.
E. Absence as related to deployment activities--A student
whose parent or legal guardian is an active duty member of the
uniformed services, as defined by the compact, and has been called
to duty for, is on leave from, or immediately returned from
deployment to a combat zone or combat support posting, shall be
granted additional excused absences at the discretion of the local
education agency superintendent to visit with his or her parent or
legal guardian relative to such leave or deployment of the parent or
guardian.
ARTICLE VI. ELIGIBILITY
A. Eligibility for enrollment
1. Special power of attorney, relative to the
guardianship of a child of a military family and executed under
applicable law, shall be sufficient for the purposes of enrollment
and all other actions requiring parental participation and consent.
2. A local education agency shall be prohibited from
charging local tuition to a transitioning military child placed in
the care of a non-custodial parent or other person standing in loco
parentis who lives in a jurisdiction other than that of the
custodial parent.
3. A transitioning military child, placed in the care
of a non-custodial parent or other person standing in loco parentis
who lives in a jurisdiction other than that of the custodial parent,
may continue to attend the school in which he/she was enrolled
while residing with the custodial parent.
B. Eligibility for extracurricular participation--State
and local education agencies shall facilitate the opportunity for
transitioning military children's inclusion in extracurricular
activities, regardless of application deadlines, to the extent they
are otherwise qualified.
ARTICLE VII. GRADUATION
In order to facilitate the on-time graduation of children of
military families, states and local education agencies shall
incorporate the following procedures:
A. Waiver requirements--Local education agency
administrative officials shall waive specific courses required for
graduation if similar coursework has been satisfactorily completed
in another local education agency or shall provide reasonable
justification for denial. Should a waiver not be granted to a
student who would qualify to graduate from the sending school, the
local education agency shall provide an alternative means of
acquiring required coursework so that graduation may occur on time.
B. Exit exams--States shall accept: (1) exit or
end-of-course exams required for graduation from the sending state;
or (2) national norm-referenced achievement tests; or (3)
alternative testing, in lieu of testing requirements for graduation
in the receiving state. In the event the above alternatives cannot
be accommodated by the receiving state for a student transferring
in his or her senior year, then the provisions of Article VII,
Section C, shall apply.
C. Transfers during senior year--Should a military
student transferring at the beginning or during his or her senior
year be ineligible to graduate from the receiving local education
agency after all alternatives have been considered, the sending and
receiving local education agencies shall ensure the receipt of a
diploma from the sending local education agency, if the student
meets the graduation requirements of the sending local education
agency. In the event that one of the states in question is not a
member of this compact, the member state shall use best efforts to
facilitate the on-time graduation of the student in accordance with
Sections A and B of this article.
ARTICLE VIII. STATE COORDINATION
A. Each member state shall, through the creation of a State
Council or use of an existing body or board, provide for the
coordination among its agencies of government, local education
agencies, and military installations concerning the state's
participation in, and compliance with, this compact and Interstate
Commission activities. While each member state may determine the
membership of its own State Council, its membership must include at
least: the state superintendent of education, superintendent of a
school district with a high concentration of military children,
representative from a military installation, one representative
each from the legislative and executive branches of government, and
other offices and stakeholder groups the State Council deems
appropriate. A member state that does not have a school district
deemed to contain a high concentration of military children may
appoint a superintendent from another school district to represent
local education agencies on the State Council.
B. The State Council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
compact.
C. The compact commissioner responsible for the
administration and management of the state's participation in the
compact shall be appointed by the governor or as otherwise
determined by each member state.
D. The compact commissioner and the military family
education liaison designated herein shall be ex-officio members of
the State Council, unless either is already a full voting member of
the State Council.
ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN
The member states hereby create the "Interstate Commission on
Educational Opportunity for Military Children." The activities of
the Interstate Commission are the formation of public policy and
are a discretionary state function. The Interstate Commission
shall:
A. Be a body corporate and joint agency of the member
states and shall have all the responsibilities, powers, and duties
set forth herein, and such additional powers as may be conferred
upon it by a subsequent concurrent action of the respective
legislatures of the member states in accordance with the terms of
this compact.
B. Consist of one Interstate Commission voting
representative from each member state who shall be that state's
compact commissioner.
1. Each member state represented at a meeting of
the Interstate Commission is entitled to one vote.
2. A majority of the total member states shall
constitute a quorum for the transaction of business, unless a
larger quorum is required by the bylaws of the Interstate
Commission.
3. A representative shall not delegate a vote to
another member state. In the event the compact commissioner is
unable to attend a meeting of the Interstate Commission, the
governor or State Council may delegate voting authority to another
person from their state for a specified meeting.
4. The bylaws may provide for meetings of the
Interstate Commission to be conducted by telecommunication or
electronic communication.
C. Consist of ex-officio, non-voting representatives
who are members of interested organizations. Such ex-officio
members, as defined in the bylaws, may include but not be limited
to, members of the representative organizations of military family
advocates, local education agency officials, parent and teacher
groups, the U.S. Department of Defense, the Education Commission of
the States, the Interstate Agreement on the Qualification of
Educational Personnel, and other interstate compacts affecting the
education of children of military members.
D. Meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a
simple majority of the member states, shall call additional
meetings.
E. Establish an executive committee, whose members
shall include the officers of the Interstate Commission and such
other members of the Interstate Commission as determined by the
bylaws. Members of the executive committee shall serve a one year
term. Members of the executive committee shall be entitled to one
vote each. The executive committee shall have the power to act on
behalf of the Interstate Commission, with the exception of
rulemaking, during periods when the Interstate Commission is not in
session. The executive committee shall oversee the day-to-day
activities of the administration of the compact including
enforcement and compliance with the provisions of the compact, its
bylaws and rules, and other such duties as deemed necessary. The
U.S. Department of Defense shall serve as an ex-officio, nonvoting
member of the executive committee.
F. Establish bylaws and rules that provide for
conditions and procedures under which the Interstate Commission
shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may
exempt from disclosure information or official records to the
extent they would adversely affect personal privacy rights or
proprietary interests.
G. Give public notice of all meetings and all meetings
shall be open to the public, except as set forth in the rules or as
otherwise provided in the compact. The Interstate Commission and
its committees may close a meeting, or portion thereof, where it
determines by two-thirds vote that an open meeting would be likely
to:
1. Relate solely to the Interstate Commission's
internal personnel practices and procedures;
2. Disclose matters specifically exempted from
disclosure by federal and state statute;
3. Disclose trade secrets or commercial or
financial information which is privileged or confidential;
4. Involve accusing a person of a crime, or
formally censuring a person;
5. Disclose information of a personal nature
where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
6. Disclose investigative records compiled for
law enforcement purposes; or
7. Specifically relate to the Interstate
Commission's participation in a civil action or other legal
proceeding.
H. Shall cause its legal counsel or designee to
certify that a meeting may be closed and shall reference each
relevant exemptible provision for any meeting, or portion of a
meeting, which is closed pursuant to this provision. The Interstate
Commission shall keep minutes which shall fully and clearly
describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed and the record of a
roll call vote. All documents considered in connection with an
action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the Interstate Commission.
I. Shall collect standardized data concerning the
educational transition of the children of military families under
this compact as directed through its rules which shall specify the
data to be collected, the means of collection and data exchange, and
reporting requirements. Such methods of data collection, exchange,
and reporting shall, in so far as is reasonably possible, conform to
current technology and coordinate its information functions with
the appropriate custodian of records as identified in the bylaws
and rules.
J. Shall create a process that permits military
officials, education officials, and parents to inform the
Interstate Commission if and when there are alleged violations of
the compact or its rules or when issues subject to the jurisdiction
of the compact or its rules are not addressed by the state or local
education agency. This section shall not be construed to create a
private right of action against the Interstate Commission or any
member state.
ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To provide for dispute resolution among member
states.
B. To promulgate rules and take all necessary actions
to effect the goals, purposes, and obligations as enumerated in
this compact. The rules shall have the force and effect of statutory
law and shall be binding in the compact states to the extent and in
the manner provided in this compact.
C. To issue, upon request of a member state, advisory
opinions concerning the meaning or interpretation of the interstate
compact, its bylaws, rules, and actions.
D. To enforce compliance with the compact provisions,
the rules promulgated by the Interstate Commission, and the bylaws,
using all necessary and proper means, including but not limited to
the use of judicial process.
E. To establish and maintain offices which shall be
located within one or more of the member states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire, or contract for services
of personnel.
H. To establish and appoint committees including, but
not limited to, an executive committee as required by Article IX,
Section E, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties
hereunder.
I. To elect or appoint such officers, attorneys,
employees, agents, or consultants, and to fix their compensation,
define their duties, and determine their qualifications; and to
establish the Interstate Commission's personnel policies and
programs relating to conflicts of interest, rates of compensation,
and qualifications of personnel.
J. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
K. To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve or use any
property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal or
mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management
and operation of the Interstate Commission.
O. To report annually to the legislatures, governors,
judiciary, and state councils of the member states concerning the
activities of the Interstate Commission during the preceding year.
Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.
P. To coordinate education, training, and public
awareness regarding the compact, its implementation and operation
for officials and parents involved in such activity.
Q. To establish uniform standards for the reporting,
collecting, and exchanging of data.
R. To maintain corporate books and records in
accordance with the bylaws.
S. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
T. To provide for the uniform collection and sharing
of information between and among member states, schools, and
military families under this compact.
ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION
A. The Interstate Commission shall, by a majority of the
members present and voting, within 12 months after the first
Interstate Commission meeting, adopt bylaws to govern its conduct
as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
1. Establishing the fiscal year of the Interstate
Commission;
2. Establishing an executive committee, and such other
committees as may be necessary;
3. Providing for the establishment of committees and
for governing any general or specific delegation of authority or
function of the Interstate Commission;
4. Providing reasonable procedures for calling and
conducting meetings of the Interstate Commission, and ensuring
reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the
officers and staff of the Interstate Commission;
6. Providing a mechanism for concluding the operations
of the Interstate Commission and the return of surplus funds that
may exist upon the termination of the compact after the payment and
reserving of all of its debts and obligations;
7. Providing "start up" rules for initial
administration of the compact.
B. The Interstate Commission shall, by a majority of the
members, elect annually from among its members a chairperson, a
vice-chairperson, and a treasurer, each of whom shall have such
authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the Interstate
Commission. The officers so elected shall serve without
compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
C. Executive Committee, Officers, and Personnel
1. The executive committee shall have such authority
and duties as may be set forth in the bylaws, including but not
limited to:
a. Managing the affairs of the Interstate
Commission in a manner consistent with the bylaws and purposes of
the Interstate Commission;
b. Overseeing an organizational structure
within, and appropriate procedures for the Interstate Commission to
provide for the creation of rules, operating procedures, and
administrative and technical support functions; and
c. Planning, implementing, and coordinating
communications and activities with other state, federal, and local
government organizations in order to advance the goals of the
Interstate Commission.
2. The executive committee may, subject to the
approval of the Interstate Commission, appoint or retain an
executive director for such period, upon such terms and conditions
and for such compensation, as the Interstate Commission may deem
appropriate. The executive director shall serve as secretary to
the Interstate Commission, but shall not be a member of the
Interstate Commission. The executive director shall hire and
supervise such other persons as may be authorized by the Interstate
Commission.
D. The Interstate Commission's executive director and its
employees shall be immune from suit and liability, either
personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act,
error, or omission that occurred, or that such person had a
reasonable basis for believing occurred, within the scope of
Interstate Commission employment, duties, or responsibilities;
provided, that such person shall not be protected from suit or
liability for damage, loss, injury, or liability caused by the
intentional or wilful and wanton misconduct of such person.
1. The liability of the Interstate Commission's
executive director and employees or Interstate Commission
representatives, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring
within such person's state may not exceed the limits of liability
set forth under the constitution and laws of that state for state
officials, employees, and agents. The Interstate Commission is
considered to be an instrumentality of the states for the purposes
of any such action. Nothing in this subsection shall be construed to
protect such person from suit or liability for damage, loss,
injury, or liability caused by the intentional or wilful and wanton
misconduct of such person.
2. The Interstate Commission shall defend the
executive director and its employees and, subject to the approval
of the attorney general or other appropriate legal counsel of the
member state represented by an Interstate Commission
representative, shall defend such Interstate Commission
representative in any civil action seeking to impose liability
arising out of an actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment,
duties, or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from
intentional or wilful and wanton misconduct on the part of such
person.
3. To the extent not covered by the state involved, the
member state, or the Interstate Commission, the representatives or
employees of the Interstate Commission shall be held harmless in
the amount of a settlement or judgment, including attorney's fees
and costs, obtained against such persons arising out of an actual or
alleged act, error, or omission that occurred within the scope of
Interstate Commission employment, duties, or responsibilities, or
that such persons had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error,
or omission did not result from intentional or wilful and wanton
misconduct on the part of such persons.
ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. Rulemaking Authority--The Interstate Commission shall
promulgate reasonable rules in order to effectively and efficiently
achieve the purposes of this compact. Notwithstanding the
foregoing, in the event the Interstate Commission exercises its
rulemaking authority in a manner that is beyond the scope of the
purposes of this Act, or the powers granted hereunder, then such an
action by the Interstate Commission shall be invalid and have no
force or effect.
B. Rulemaking Procedure--Rules shall be made pursuant to a
rulemaking process that substantially conforms to the "Model State
Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated,
Volume 15, page 1 (2000), as amended, as may be appropriate to the
operations of the Interstate Commission.
C. Not later than thirty (30) days after a rule is
promulgated, any person may file a petition for judicial review of
the rule; provided, that the filing of such a petition shall not
stay or otherwise prevent the rule from becoming effective unless
the court finds that the petitioner has a substantial likelihood of
success. The court shall give deference to the actions of the
Interstate Commission consistent with applicable law and shall not
find the rule to be unlawful if the rule represents a reasonable
exercise of the Interstate Commission's authority.
D. If a majority of the legislatures of the compacting
states rejects a rule by enactment of a statute or resolution in the
same manner used to adopt the compact, then such rule shall have no
further force and effect in any compacting state.
ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
1. The executive, legislative, and judicial branches
of state government in each member state shall enforce this compact
and shall take all actions necessary and appropriate to effectuate
the compact's purposes and intent. The provisions of this compact
and the rules promulgated hereunder shall have standing as
statutory law.
2. All courts shall take judicial notice of the
compact and the rules in any judicial or administrative proceeding
in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the
Interstate Commission.
3. The Interstate Commission shall be entitled to
receive all service of process in any such proceeding, and shall
have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the Interstate Commission
shall render a judgment or order void as to the Interstate
Commission, this compact, or promulgated rules.
B. Default, Technical Assistance, Suspension, and
Termination--If the Interstate Commission determines that a member
state has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or promulgated
rules, the Interstate Commission shall:
1. Provide written notice to the defaulting state and
other member states, of the nature of the default, the means of
curing the default and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions
by which the defaulting state must cure its default.
2. Provide remedial training and specific technical
assistance regarding the default.
3. If the defaulting state fails to cure the default,
the defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the member states and all rights,
privileges, and benefits conferred by this compact shall be
terminated from the effective date of termination. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of the default.
4. Suspension or termination of membership in the
compact shall be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend or
terminate shall be given by the Interstate Commission to the
governor, the majority and minority leaders of the defaulting
state's legislature, and each of the member states.
5. The state which has been suspended or terminated is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of suspension or termination
including obligations, the performance of which extends beyond the
effective date of suspension or termination.
6. The Interstate Commission shall not bear any costs
relating to any state that has been found to be in default or which
has been suspended or terminated from the compact, unless otherwise
mutually agreed upon in writing between the Interstate Commission
and the defaulting state.
7. The defaulting state may appeal the action of the
Interstate Commission by petitioning the U.S. District Court for
the District of Columbia or the federal district where the
Interstate Commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation including
reasonable attorney's fees.
C. Dispute Resolution
1. The Interstate Commission shall attempt, upon the
request of a member state, to resolve disputes which are subject to
the compact and which may arise among member states and between
member and non-member states.
2. The Interstate Commission shall promulgate a rule
providing for both mediation and binding dispute resolution for
disputes as appropriate.
D. Enforcement
1. The Interstate Commission, in the reasonable
exercise of its discretion, shall enforce the provisions and rules
of this compact.
2. The Interstate Commission may, by majority vote of
the members, initiate legal action in the U.S. District Court for
the District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission
has its principal offices, to enforce compliance with the
provisions of the compact, its promulgated rules and bylaws,
against a member state in default. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Interstate Commission. The Interstate Commission
may avail itself of any other remedies available under state law or
the regulation of a profession.
ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall pay, or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an
annual assessment from each member state to cover the cost of the
operations and activities of the Interstate Commission and its
staff, which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, which shall
promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the same; nor
shall the Interstate Commission pledge the credit of any of the
member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts
of all receipts and disbursements. The receipts and disbursements
of the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Interstate
Commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate Commission.
ARTICLE XV. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than ten
(10) of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter it shall become effective and binding
as to any other member state upon enactment of the compact into law
by that state. The governors of non-member states or their
designees shall be invited to participate in the activities of the
Interstate Commission on a non-voting basis prior to adoption of
the compact by all states.
C. The Interstate Commission may propose amendments to the
compact for enactment by the member states. No amendment shall
become effective and binding upon the Interstate Commission and the
member states unless and until it is enacted into law by unanimous
consent of the member states.
ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force
and remain binding upon each and every member state; provided that a
member state may withdraw from the compact by specifically
repealing the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the
enactment of a statute repealing the same, but shall not take effect
until one (1) year after the effective date of such statute and
until written notice of the withdrawal has been given by the
withdrawing state to the governor of each other member
jurisdiction.
3. The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the
other member states of the withdrawing state's intent to withdraw
within sixty (60) days of its receipt thereof.
4. The withdrawing state is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of
withdrawal.
5. Reinstatement following withdrawal of a member
state shall occur upon the withdrawing state reenacting the compact
or upon such later date as determined by the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date
of the withdrawal or default of the member state which reduces the
membership in the compact to one (1) member state.
2. Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or effect,
and the business and affairs of the Interstate Commission shall be
concluded and surplus funds shall be distributed in accordance with
the bylaws.
ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if
any phrase, clause, sentence, or provision is deemed unenforceable,
the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally
construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit
the applicability of other interstate compacts to which the states
are members.
ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any
other law of a member state that is not inconsistent with this
compact.
2. All member states' laws conflicting with this
compact are superseded to the extent of the conflict.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission,
including all rules and bylaws promulgated by the Interstate
Commission, are binding upon the member states.
2. All agreements between the Interstate Commission
and the member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds
the constitutional limits imposed on the legislature of any member
state, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
member state.
Sec. 162.003. EFFECT ON TEXAS LAWS. If the laws of this
state conflict with the compact or a rule adopted under that
compact, the compact or rule controls, except that if a conflict
exists between the compact or rule and the Texas Constitution, as
determined by the courts of this state, the Texas Constitution
controls.
Sec. 162.004. COMPACT COMMISSIONER. (a) The governor
shall appoint a compact commissioner to be responsible for
administration and management of this state's participation in the
compact.
(b) If the compact commissioner is unable to attend a
specific meeting of the Interstate Commission created under the
compact, the governor shall delegate voting authority for that
meeting to another individual from this state.
(c) The compact commissioner serves at the will of the
governor.
Sec. 162.005. TEXAS STATE COUNCIL ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN. (a) The Texas State Council on
Educational Opportunity for Military Children is established.
(b) The council consists of:
(1) the commissioner of education;
(2) the superintendent of a school district in this
state with a high concentration of students who are the dependents
of military personnel, appointed by the commissioner of education;
(3) a representative from a military installation in
this state, appointed by the governor;
(4) a representative from the house of
representatives, appointed by the speaker of the house of
representatives;
(5) a representative from the senate, appointed by the
lieutenant governor;
(6) a representative from the governor's office,
appointed by the governor;
(7) as ex officio nonvoting members:
(A) the military family education liaison
designated under Subsection (d)(2), unless the individual serving
as liaison is otherwise included in the council as a voting member;
and
(B) the compact commissioner, unless the
individual serving as compact commissioner is otherwise included in
the council as a voting member; and
(8) any other representatives of offices or
stakeholder groups whose inclusion is considered appropriate by at
least a majority of the voting council members, selected in a manner
determined by the respective office or group.
(c) A member of the council described by Subsections
(b)(2)-(6) serves at the pleasure of the appointing officer. A
member of the council described by Subsection (b)(8) serves at the
pleasure of the office or group represented by the member.
(d) The council shall:
(1) provide for coordination among state agencies,
school districts, and military installations concerning the
state's participation in and compliance with the compact and the
activities of the Interstate Commission created under the compact;
(2) designate an individual to serve, at the pleasure
of the council, as a military family education liaison to assist
military families and this state in facilitating the implementation
of the compact; and
(3) perform other functions delegated to the council
in accordance with the compact.
(e) A member of the council serves without compensation, but
is entitled to reimbursement for actual and necessary expenses
incurred in performing functions of the council, subject to any
applicable limitation on reimbursement provided by the General
Appropriations Act.
SECTION 2. Section 25.005(a), Education Code, is amended to
read as follows:
(a) To facilitate the transfer of military personnel and
their dependents to and from the public schools of this state, the
agency shall pursue reciprocity agreements [with other states]
governing the terms of those transfers with other states that are
not parties to the Interstate Compact on Educational Opportunity
for Military Children adopted under Chapter 162.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.