Texas 2009 - 81st Regular

Texas House Bill HB503 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1490 KKA-D
2	2	By: Geren H.B. No. 503
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	Sec. 162.002. EXECUTION OF COMPACT. This state enacts the
21	21	Interstate Compact on Educational Opportunity for Military
22	22	Children and enters into the compact with all other states legally
23	23	joining in the compact in substantially the following form:
24	24	INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY
25	25	CHILDREN
26	26	ARTICLE I. PURPOSE
27	27	It is the purpose of this compact to remove barriers to
28	28	educational success imposed on children of military families
29	29	because of frequent moves and deployment of their parents by:
30	30	A. Facilitating the timely enrollment of children of
31	31	military families and ensuring that they are not placed at a
32	32	disadvantage due to difficulty in the transfer of education records
33	33	from the previous school district(s) or variations in entrance/age
34	34	requirements.
35	35	B. Facilitating the student placement process through
36	36	which children of military families are not disadvantaged by
37	37	variations in attendance requirements, scheduling, sequencing,
38	38	grading, course content or assessment.
39	39	C. Facilitating the qualification and eligibility for
40	40	enrollment, educational programs, and participation in
41	41	extracurricular academic, athletic, and social activities.
42	42	D. Facilitating the on-time graduation of children of
43	43	military families.
44	44	E. Providing for the promulgation and enforcement of
45	45	administrative rules implementing the provisions of this compact.
46	46	F. Providing for the uniform collection and sharing of
47	47	information between and among member states, schools, and military
48	48	families under this compact.
49	49	G. Promoting coordination between this compact and
50	50	other compacts affecting military children.
51	51	H. Promoting flexibility and cooperation between the
52	52	educational system, parents, and the student in order to achieve
53	53	educational success for the student.
54	54	ARTICLE II. DEFINITIONS
55	55	As used in this compact, unless the context clearly requires
56	56	a different construction:
57	57	A. "Active duty" means: full-time duty status in the
58	58	active uniformed service of the United States, including members of
59	59	the National Guard and Reserve on active duty orders pursuant to 10
60	60	U.S.C. Sections 1209 and 1211.
61	61	B. "Children of military families" means: a
62	62	school-aged child(ren), enrolled in kindergarten through twelfth
63	63	(12th) grade, in the household of an active duty member.
64	64	C. "Compact commissioner" means: the voting
65	65	representative of each compacting state appointed pursuant to
66	66	Article VIII of this compact.
67	67	D. "Deployment" means: the period one (1) month prior
68	68	to the service members' departure from their home station on
69	69	military orders through six (6) months after return to their home
70	70	station.
71	71	E. "Education(al) records" means: those official
72	72	records, files, and data directly related to a student and
73	73	maintained by the school or local education agency, including but
74	74	not limited to records encompassing all the material kept in the
75	75	student's cumulative folder such as general identifying data,
76	76	records of attendance and of academic work completed, records of
77	77	achievement and results of evaluative tests, health data,
78	78	disciplinary status, test protocols, and individualized education
79	79	programs.
80	80	F. "Extracurricular activities" means: a voluntary
81	81	activity sponsored by the school or local education agency or an
82	82	organization sanctioned by the local education agency.
83	83	Extracurricular activities include, but are not limited to,
84	84	preparation for and involvement in public performances, contests,
85	85	athletic competitions, demonstrations, displays, and club
86	86	activities.
87	87	G. "Interstate Commission on Educational Opportunity
88	88	for Military Children" means: the commission that is created under
89	89	Article IX of this compact, which is generally referred to as
90	90	Interstate Commission.
91	91	H. "Local education agency" means: a public authority
92	92	legally constituted by the state as an administrative agency to
93	93	provide control of and direction for kindergarten through twelfth
94	94	(12th) grade public educational institutions.
95	95	I. "Member state" means: a state that has enacted this
96	96	compact.
97	97	J. "Military installation" means: a base, camp, post,
98	98	station, yard, center, homeport facility for any ship, or other
99	99	activity under the jurisdiction of the Department of Defense,
100	100	including any leased facility, which is located within any of the
101	101	several states, the District of Columbia, the Commonwealth of
102	102	Puerto Rico, the United States Virgin Islands, Guam, American
103	103	Samoa, the Northern Marianas Islands and any other United States
104	104	territory. Such term does not include any facility used primarily
105	105	for civil works, rivers and harbors projects, or flood control
106	106	projects.
107	107	K. "Non-member state" means: a state that has not
108	108	enacted this compact.
109	109	L. "Receiving state" means: the state to which a child
110	110	of a military family is sent, brought, or caused to be sent or
111	111	brought.
112	112	M. "Rule" means: a written statement by the Interstate
113	113	Commission promulgated pursuant to Article XII of this compact that
114	114	is of general applicability, implements, interprets, or prescribes
115	115	a policy or provision of the compact, or an organizational,
116	116	procedural, or practice requirement of the Interstate Commission,
117	117	and has the force and effect of statutory law in a member state, and
118	118	includes the amendment, repeal, or suspension of an existing rule.
119	119	N. "Sending state" means: the state from which a child
120	120	of a military family is sent, brought, or caused to be sent or
121	121	brought.
122	122	O. "State" means: a state of the United States, the
123	123	District of Columbia, the Commonwealth of Puerto Rico, the United
124	124	States Virgin Islands, Guam, American Samoa, the Northern Marianas
125	125	Islands and any other United States territory.
126	126	P. "Student" means: the child of a military family for
127	127	whom the local education agency receives public funding and who is
128	128	formally enrolled in kindergarten through twelfth (12th) grade.
129	129	Q. "Transition" means: (1) the formal and physical
130	130	process of transferring from school to school; or (2) the period of
131	131	time in which a student moves from one school in the sending state
132	132	to another school in the receiving state.
133	133	R. "Uniformed service(s)" means: the Army, Navy, Air
134	134	Force, Marine Corps, Coast Guard, as well as the Commissioned Corps
135	135	of the National Oceanic and Atmospheric Administration, and Public
136	136	Health Services.
137	137	S. "Veteran" means: a person who served in the
138	138	uniformed services and who was discharged or released therefrom
139	139	under conditions other than dishonorable.
140	140	ARTICLE III. APPLICABILITY
141	141	A. Except as otherwise provided in Section B, this compact
142	142	shall apply to the children of:
143	143	1. active duty members of the uniformed services as
144	144	defined in this compact, including members of the National Guard
145	145	and Reserve on active duty orders pursuant to 10 U.S.C. Sections
146	146	1209 and 1211;
147	147	2. members or veterans of the uniformed services who
148	148	are severely injured and medically discharged or retired for a
149	149	period of one (1) year after medical discharge or retirement; and
150	150	3. members of the uniformed services who die on active
151	151	duty or as a result of injuries sustained on active duty for a
152	152	period of one (1) year after death.
153	153	B. The provisions of this interstate compact shall only
154	154	apply to local education agencies as defined in this compact.
155	155	C. The provisions of this compact shall not apply to the
156	156	children of:
157	157	1. inactive members of the national guard and military
158	158	reserves;
159	159	2. members of the uniformed services now retired,
160	160	except as provided in Section A;
161	161	3. veterans of the uniformed services, except as
162	162	provided in Section A; and
163	163	4. other U.S. Department of Defense personnel and
164	164	other federal agency civilian and contract employees not defined as
165	165	active duty members of the uniformed services.
166	166	ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT
167	167	A. Unofficial or "hand-carried" education records--In the
168	168	event that official education records cannot be released to the
169	169	parents for the purpose of transfer, the custodian of the records
170	170	in the sending state shall prepare and furnish to the parent a
171	171	complete set of unofficial education records containing uniform
172	172	information as determined by the Interstate Commission. Upon
173	173	receipt of the unofficial education records by a school in the
174	174	receiving state, the school shall enroll and appropriately place
175	175	the student based on the information provided in the unofficial
176	176	records pending validation by the official records, as quickly as
177	177	possible.
178	178	B. Official education records/transcripts--Simultaneous
179	179	with the enrollment and conditional placement of the student, the
180	180	school in the receiving state shall request the student's official
181	181	education record from the school in the sending state. Upon receipt
182	182	of this request, the school in the sending state will process and
183	183	furnish the official education records to the school in the
184	184	receiving state within ten (10) days or within such time as is
185	185	reasonably determined under the rules promulgated by the Interstate
186	186	Commission.
187	187	C. Immunizations--Compacting states shall give thirty (30)
188	188	days from the date of enrollment or within such time as is
189	189	reasonably determined under the rules promulgated by the Interstate
190	190	Commission, for students to obtain any immunization(s) required by
191	191	the receiving state. For a series of immunizations, initial
192	192	vaccinations must be obtained within thirty (30) days or within
193	193	such time as is reasonably determined under the rules promulgated
194	194	by the Interstate Commission.
195	195	D. Kindergarten and first grade entrance age--Students
196	196	shall be allowed to continue their enrollment at grade level in the
197	197	receiving state commensurate with their grade level (including
198	198	kindergarten) from a local education agency in the sending state at
199	199	the time of transition, regardless of age. A student that has
200	200	satisfactorily completed the prerequisite grade level in the local
201	201	education agency in the sending state shall be eligible for
202	202	enrollment in the next highest grade level in the receiving state,
203	203	regardless of age. A student transferring after the start of the
204	204	school year in the receiving state shall enter the school in the
205	205	receiving state on their validated level from an accredited school
206	206	in the sending state.
207	207	ARTICLE V. PLACEMENT AND ATTENDANCE
208	208	A. Course placement--When the student transfers before or
209	209	during the school year, the receiving state school shall initially
210	210	honor placement of the student in educational courses based on the
211	211	student's enrollment in the sending state school and/or educational
212	212	assessments conducted at the school in the sending state if the
213	213	courses are offered. Course placement includes but is not limited
214	214	to honors, international baccalaureate, advanced placement,
215	215	vocational, technical, and career pathways courses. Continuing the
216	216	student's academic program from the previous school and promoting
217	217	placement in academically and career challenging courses should be
218	218	paramount when considering placement. This does not preclude the
219	219	school in the receiving state from performing subsequent
220	220	evaluations to ensure appropriate placement and continued
221	221	enrollment of the student in the course(s).
222	222	B. Educational program placement--The receiving state
223	223	school shall initially honor placement of the student in
224	224	educational programs based on current educational assessments
225	225	conducted at the school in the sending state or
226	226	participation/placement in like programs in the sending state. Such
227	227	programs include, but are not limited to: (1) gifted and talented
228	228	programs; and (2) English as a second language (ESL). This does not
229	229	preclude the school in the receiving state from performing
230	230	subsequent evaluations to ensure appropriate placement of the
231	231	student.
232	232	C. Special education services--(1) In compliance with the
233	233	federal requirements of the Individuals with Disabilities
234	234	Education Act (IDEA) (20 U.S.C. Section 1400 et seq.), the
235	235	receiving state shall initially provide comparable services to a
236	236	student with disabilities based on his/her current Individualized
237	237	Education Program (IEP); and (2) In compliance with the
238	238	requirements of Section 504 of the Rehabilitation Act (29 U.S.C.A.
239	239	Section 794), and with Title II of the Americans with Disabilities
240	240	Act (42 U.S.C.A. Sections 12131-12165), the receiving state shall
241	241	make reasonable accommodations and modifications to address the
242	242	needs of incoming students with disabilities, subject to an
243	243	existing 504 or Title II Plan, to provide the student with equal
244	244	access to education. This does not preclude the school in the
245	245	receiving state from performing subsequent evaluations to ensure
246	246	appropriate placement of the student.
247	247	D. Placement flexibility--Local education agency
248	248	administrative officials shall have flexibility in waiving
249	249	course/program prerequisites, or other preconditions for placement
250	250	in courses/programs offered under the jurisdiction of the local
251	251	education agency.
252	252	E. Absence as related to deployment activities--A student
253	253	whose parent or legal guardian is an active duty member of the
254	254	uniformed services, as defined by the compact, and has been called
255	255	to duty for, is on leave from, or immediately returned from
256	256	deployment to a combat zone or combat support posting, shall be
257	257	granted additional excused absences at the discretion of the local
258	258	education agency superintendent to visit with his or her parent or
259	259	legal guardian relative to such leave or deployment of the parent or
260	260	guardian.
261	261	ARTICLE VI. ELIGIBILITY
262	262	A. Eligibility for enrollment
263	263	1. Special power of attorney, relative to the
264	264	guardianship of a child of a military family and executed under
265	265	applicable law, shall be sufficient for the purposes of enrollment
266	266	and all other actions requiring parental participation and consent.
267	267	2. A local education agency shall be prohibited from
268	268	charging local tuition to a transitioning military child placed in
269	269	the care of a non-custodial parent or other person standing in loco
270	270	parentis who lives in a jurisdiction other than that of the
271	271	custodial parent.
272	272	3. A transitioning military child, placed in the care
273	273	of a non-custodial parent or other person standing in loco parentis
274	274	who lives in a jurisdiction other than that of the custodial parent,
275	275	may continue to attend the school in which he/she was enrolled
276	276	while residing with the custodial parent.
277	277	B. Eligibility for extracurricular participation--State
278	278	and local education agencies shall facilitate the opportunity for
279	279	transitioning military children's inclusion in extracurricular
280	280	activities, regardless of application deadlines, to the extent they
281	281	are otherwise qualified.
282	282	ARTICLE VII. GRADUATION
283	283	In order to facilitate the on-time graduation of children of
284	284	military families, states and local education agencies shall
285	285	incorporate the following procedures:
286	286	A. Waiver requirements--Local education agency
287	287	administrative officials shall waive specific courses required for
288	288	graduation if similar coursework has been satisfactorily completed
289	289	in another local education agency or shall provide reasonable
290	290	justification for denial. Should a waiver not be granted to a
291	291	student who would qualify to graduate from the sending school, the
292	292	local education agency shall provide an alternative means of
293	293	acquiring required coursework so that graduation may occur on time.
294	294	B. Exit exams--States shall accept: (1) exit or
295	295	end-of-course exams required for graduation from the sending state;
296	296	or (2) national norm-referenced achievement tests; or (3)
297	297	alternative testing, in lieu of testing requirements for graduation
298	298	in the receiving state. In the event the above alternatives cannot
299	299	be accommodated by the receiving state for a student transferring
300	300	in his or her senior year, then the provisions of Article VII,
301	301	Section C, shall apply.
302	302	C. Transfers during senior year--Should a military
303	303	student transferring at the beginning or during his or her senior
304	304	year be ineligible to graduate from the receiving local education
305	305	agency after all alternatives have been considered, the sending and
306	306	receiving local education agencies shall ensure the receipt of a
307	307	diploma from the sending local education agency, if the student
308	308	meets the graduation requirements of the sending local education
309	309	agency. In the event that one of the states in question is not a
310	310	member of this compact, the member state shall use best efforts to
311	311	facilitate the on-time graduation of the student in accordance with
312	312	Sections A and B of this article.
313	313	ARTICLE VIII. STATE COORDINATION
314	314	A. Each member state shall, through the creation of a State
315	315	Council or use of an existing body or board, provide for the
316	316	coordination among its agencies of government, local education
317	317	agencies, and military installations concerning the state's
318	318	participation in, and compliance with, this compact and Interstate
319	319	Commission activities. While each member state may determine the
320	320	membership of its own State Council, its membership must include at
321	321	least: the state superintendent of education, superintendent of a
322	322	school district with a high concentration of military children,
323	323	representative from a military installation, one representative
324	324	each from the legislative and executive branches of government, and
325	325	other offices and stakeholder groups the State Council deems
326	326	appropriate. A member state that does not have a school district
327	327	deemed to contain a high concentration of military children may
328	328	appoint a superintendent from another school district to represent
329	329	local education agencies on the State Council.
330	330	B. The State Council of each member state shall appoint or
331	331	designate a military family education liaison to assist military
332	332	families and the state in facilitating the implementation of this
333	333	compact.
334	334	C. The compact commissioner responsible for the
335	335	administration and management of the state's participation in the
336	336	compact shall be appointed by the governor or as otherwise
337	337	determined by each member state.
338	338	D. The compact commissioner and the military family
339	339	education liaison designated herein shall be ex-officio members of
340	340	the State Council, unless either is already a full voting member of
341	341	the State Council.
342	342	ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
343	343	MILITARY CHILDREN
344	344	The member states hereby create the "Interstate Commission on
345	345	Educational Opportunity for Military Children." The activities of
346	346	the Interstate Commission are the formation of public policy and
347	347	are a discretionary state function. The Interstate Commission
348	348	shall:
349	349	A. Be a body corporate and joint agency of the member
350	350	states and shall have all the responsibilities, powers, and duties
351	351	set forth herein, and such additional powers as may be conferred
352	352	upon it by a subsequent concurrent action of the respective
353	353	legislatures of the member states in accordance with the terms of
354	354	this compact.
355	355	B. Consist of one Interstate Commission voting
356	356	representative from each member state who shall be that state's
357	357	compact commissioner.
358	358	1. Each member state represented at a meeting of
359	359	the Interstate Commission is entitled to one vote.
360	360	2. A majority of the total member states shall
361	361	constitute a quorum for the transaction of business, unless a
362	362	larger quorum is required by the bylaws of the Interstate
363	363	Commission.
364	364	3. A representative shall not delegate a vote to
365	365	another member state. In the event the compact commissioner is
366	366	unable to attend a meeting of the Interstate Commission, the
367	367	governor or State Council may delegate voting authority to another
368	368	person from their state for a specified meeting.
369	369	4. The bylaws may provide for meetings of the
370	370	Interstate Commission to be conducted by telecommunication or
371	371	electronic communication.
372	372	C. Consist of ex-officio, non-voting representatives
373	373	who are members of interested organizations. Such ex-officio
374	374	members, as defined in the bylaws, may include but not be limited
375	375	to, members of the representative organizations of military family
376	376	advocates, local education agency officials, parent and teacher
377	377	groups, the U.S. Department of Defense, the Education Commission of
378	378	the States, the Interstate Agreement on the Qualification of
379	379	Educational Personnel, and other interstate compacts affecting the
380	380	education of children of military members.
381	381	D. Meet at least once each calendar year. The
382	382	chairperson may call additional meetings and, upon the request of a
383	383	simple majority of the member states, shall call additional
384	384	meetings.
385	385	E. Establish an executive committee, whose members
386	386	shall include the officers of the Interstate Commission and such
387	387	other members of the Interstate Commission as determined by the
388	388	bylaws. Members of the executive committee shall serve a one year
389	389	term. Members of the executive committee shall be entitled to one
390	390	vote each. The executive committee shall have the power to act on
391	391	behalf of the Interstate Commission, with the exception of
392	392	rulemaking, during periods when the Interstate Commission is not in
393	393	session. The executive committee shall oversee the day-to-day
394	394	activities of the administration of the compact including
395	395	enforcement and compliance with the provisions of the compact, its
396	396	bylaws and rules, and other such duties as deemed necessary. The
397	397	U.S. Department of Defense shall serve as an ex-officio, nonvoting
398	398	member of the executive committee.
399	399	F. Establish bylaws and rules that provide for
400	400	conditions and procedures under which the Interstate Commission
401	401	shall make its information and official records available to the
402	402	public for inspection or copying. The Interstate Commission may
403	403	exempt from disclosure information or official records to the
404	404	extent they would adversely affect personal privacy rights or
405	405	proprietary interests.
406	406	G. Give public notice of all meetings and all meetings
407	407	shall be open to the public, except as set forth in the rules or as
408	408	otherwise provided in the compact. The Interstate Commission and
409	409	its committees may close a meeting, or portion thereof, where it
410	410	determines by two-thirds vote that an open meeting would be likely
411	411	to:
412	412	1. Relate solely to the Interstate Commission's
413	413	internal personnel practices and procedures;
414	414	2. Disclose matters specifically exempted from
415	415	disclosure by federal and state statute;
416	416	3. Disclose trade secrets or commercial or
417	417	financial information which is privileged or confidential;
418	418	4. Involve accusing a person of a crime, or
419	419	formally censuring a person;
420	420	5. Disclose information of a personal nature
421	421	where disclosure would constitute a clearly unwarranted invasion of
422	422	personal privacy;
423	423	6. Disclose investigative records compiled for
424	424	law enforcement purposes; or
425	425	7. Specifically relate to the Interstate
426	426	Commission's participation in a civil action or other legal
427	427	proceeding.
428	428	H. Shall cause its legal counsel or designee to
429	429	certify that a meeting may be closed and shall reference each
430	430	relevant exemptible provision for any meeting, or portion of a
431	431	meeting, which is closed pursuant to this provision. The Interstate
432	432	Commission shall keep minutes which shall fully and clearly
433	433	describe all matters discussed in a meeting and shall provide a full
434	434	and accurate summary of actions taken, and the reasons therefore,
435	435	including a description of the views expressed and the record of a
436	436	roll call vote. All documents considered in connection with an
437	437	action shall be identified in such minutes. All minutes and
438	438	documents of a closed meeting shall remain under seal, subject to
439	439	release by a majority vote of the Interstate Commission.
440	440	I. Shall collect standardized data concerning the
441	441	educational transition of the children of military families under
442	442	this compact as directed through its rules which shall specify the
443	443	data to be collected, the means of collection and data exchange, and
444	444	reporting requirements. Such methods of data collection, exchange,
445	445	and reporting shall, in so far as is reasonably possible, conform to
446	446	current technology and coordinate its information functions with
447	447	the appropriate custodian of records as identified in the bylaws
448	448	and rules.
449	449	J. Shall create a process that permits military
450	450	officials, education officials, and parents to inform the
451	451	Interstate Commission if and when there are alleged violations of
452	452	the compact or its rules or when issues subject to the jurisdiction
453	453	of the compact or its rules are not addressed by the state or local
454	454	education agency. This section shall not be construed to create a
455	455	private right of action against the Interstate Commission or any
456	456	member state.
457	457	ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
458	458	The Interstate Commission shall have the following powers:
459	459	A. To provide for dispute resolution among member
460	460	states.
461	461	B. To promulgate rules and take all necessary actions
462	462	to effect the goals, purposes, and obligations as enumerated in
463	463	this compact. The rules shall have the force and effect of statutory
464	464	law and shall be binding in the compact states to the extent and in
465	465	the manner provided in this compact.
466	466	C. To issue, upon request of a member state, advisory
467	467	opinions concerning the meaning or interpretation of the interstate
468	468	compact, its bylaws, rules, and actions.
469	469	D. To enforce compliance with the compact provisions,
470	470	the rules promulgated by the Interstate Commission, and the bylaws,
471	471	using all necessary and proper means, including but not limited to
472	472	the use of judicial process.
473	473	E. To establish and maintain offices which shall be
474	474	located within one or more of the member states.
475	475	F. To purchase and maintain insurance and bonds.
476	476	G. To borrow, accept, hire, or contract for services
477	477	of personnel.
478	478	H. To establish and appoint committees including, but
479	479	not limited to, an executive committee as required by Article IX,
480	480	Section E, which shall have the power to act on behalf of the
481	481	Interstate Commission in carrying out its powers and duties
482	482	hereunder.
483	483	I. To elect or appoint such officers, attorneys,
484	484	employees, agents, or consultants, and to fix their compensation,
485	485	define their duties, and determine their qualifications; and to
486	486	establish the Interstate Commission's personnel policies and
487	487	programs relating to conflicts of interest, rates of compensation,
488	488	and qualifications of personnel.
489	489	J. To accept any and all donations and grants of money,
490	490	equipment, supplies, materials, and services, and to receive,
491	491	utilize, and dispose of it.
492	492	K. To lease, purchase, accept contributions or
493	493	donations of, or otherwise to own, hold, improve or use any
494	494	property, real, personal, or mixed.
495	495	L. To sell, convey, mortgage, pledge, lease, exchange,
496	496	abandon, or otherwise dispose of any property, real, personal or
497	497	mixed.
498	498	M. To establish a budget and make expenditures.
499	499	N. To adopt a seal and bylaws governing the management
500	500	and operation of the Interstate Commission.
501	501	O. To report annually to the legislatures, governors,
502	502	judiciary, and state councils of the member states concerning the
503	503	activities of the Interstate Commission during the preceding year.
504	504	Such reports shall also include any recommendations that may have
505	505	been adopted by the Interstate Commission.
506	506	P. To coordinate education, training, and public
507	507	awareness regarding the compact, its implementation and operation
508	508	for officials and parents involved in such activity.
509	509	Q. To establish uniform standards for the reporting,
510	510	collecting, and exchanging of data.
511	511	R. To maintain corporate books and records in
512	512	accordance with the bylaws.
513	513	S. To perform such functions as may be necessary or
514	514	appropriate to achieve the purposes of this compact.
515	515	T. To provide for the uniform collection and sharing
516	516	of information between and among member states, schools, and
517	517	military families under this compact.
518	518	ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE
519	519	COMMISSION
520	520	A. The Interstate Commission shall, by a majority of the
521	521	members present and voting, within 12 months after the first
522	522	Interstate Commission meeting, adopt bylaws to govern its conduct
523	523	as may be necessary or appropriate to carry out the purposes of the
524	524	compact, including, but not limited to:
525	525	1. Establishing the fiscal year of the Interstate
526	526	Commission;
527	527	2. Establishing an executive committee, and such other
528	528	committees as may be necessary;
529	529	3. Providing for the establishment of committees and
530	530	for governing any general or specific delegation of authority or
531	531	function of the Interstate Commission;
532	532	4. Providing reasonable procedures for calling and
533	533	conducting meetings of the Interstate Commission, and ensuring
534	534	reasonable notice of each such meeting;
535	535	5. Establishing the titles and responsibilities of the
536	536	officers and staff of the Interstate Commission;
537	537	6. Providing a mechanism for concluding the operations
538	538	of the Interstate Commission and the return of surplus funds that
539	539	may exist upon the termination of the compact after the payment and
540	540	reserving of all of its debts and obligations;
541	541	7. Providing "start up" rules for initial
542	542	administration of the compact.
543	543	B. The Interstate Commission shall, by a majority of the
544	544	members, elect annually from among its members a chairperson, a
545	545	vice-chairperson, and a treasurer, each of whom shall have such
546	546	authority and duties as may be specified in the bylaws. The
547	547	chairperson or, in the chairperson's absence or disability, the
548	548	vice-chairperson, shall preside at all meetings of the Interstate
549	549	Commission. The officers so elected shall serve without
550	550	compensation or remuneration from the Interstate Commission;
551	551	provided that, subject to the availability of budgeted funds, the
552	552	officers shall be reimbursed for ordinary and necessary costs and
553	553	expenses incurred by them in the performance of their
554	554	responsibilities as officers of the Interstate Commission.
555	555	C. Executive Committee, Officers, and Personnel
556	556	1. The executive committee shall have such authority
557	557	and duties as may be set forth in the bylaws, including but not
558	558	limited to:
559	559	a. Managing the affairs of the Interstate
560	560	Commission in a manner consistent with the bylaws and purposes of
561	561	the Interstate Commission;
562	562	b. Overseeing an organizational structure
563	563	within, and appropriate procedures for the Interstate Commission to
564	564	provide for the creation of rules, operating procedures, and
565	565	administrative and technical support functions; and
566	566	c. Planning, implementing, and coordinating
567	567	communications and activities with other state, federal, and local
568	568	government organizations in order to advance the goals of the
569	569	Interstate Commission.
570	570	2. The executive committee may, subject to the
571	571	approval of the Interstate Commission, appoint or retain an
572	572	executive director for such period, upon such terms and conditions
573	573	and for such compensation, as the Interstate Commission may deem
574	574	appropriate. The executive director shall serve as secretary to
575	575	the Interstate Commission, but shall not be a member of the
576	576	Interstate Commission. The executive director shall hire and
577	577	supervise such other persons as may be authorized by the Interstate
578	578	Commission.
579	579	D. The Interstate Commission's executive director and its
580	580	employees shall be immune from suit and liability, either
581	581	personally or in their official capacity, for a claim for damage to
582	582	or loss of property or personal injury or other civil liability
583	583	caused or arising out of or relating to an actual or alleged act,
584	584	error, or omission that occurred, or that such person had a
585	585	reasonable basis for believing occurred, within the scope of
586	586	Interstate Commission employment, duties, or responsibilities;
587	587	provided, that such person shall not be protected from suit or
588	588	liability for damage, loss, injury, or liability caused by the
589	589	intentional or wilful and wanton misconduct of such person.
590	590	1. The liability of the Interstate Commission's
591	591	executive director and employees or Interstate Commission
592	592	representatives, acting within the scope of such person's
593	593	employment or duties for acts, errors, or omissions occurring
594	594	within such person's state may not exceed the limits of liability
595	595	set forth under the constitution and laws of that state for state
596	596	officials, employees, and agents. The Interstate Commission is
597	597	considered to be an instrumentality of the states for the purposes
598	598	of any such action. Nothing in this subsection shall be construed to
599	599	protect such person from suit or liability for damage, loss,
600	600	injury, or liability caused by the intentional or wilful and wanton
601	601	misconduct of such person.
602	602	2. The Interstate Commission shall defend the
603	603	executive director and its employees and, subject to the approval
604	604	of the attorney general or other appropriate legal counsel of the
605	605	member state represented by an Interstate Commission
606	606	representative, shall defend such Interstate Commission
607	607	representative in any civil action seeking to impose liability
608	608	arising out of an actual or alleged act, error, or omission that
609	609	occurred within the scope of Interstate Commission employment,
610	610	duties, or responsibilities, or that the defendant had a reasonable
611	611	basis for believing occurred within the scope of Interstate
612	612	Commission employment, duties, or responsibilities, provided that
613	613	the actual or alleged act, error, or omission did not result from
614	614	intentional or wilful and wanton misconduct on the part of such
615	615	person.
616	616	3. To the extent not covered by the state involved, the
617	617	member state, or the Interstate Commission, the representatives or
618	618	employees of the Interstate Commission shall be held harmless in
619	619	the amount of a settlement or judgment, including attorney's fees
620	620	and costs, obtained against such persons arising out of an actual or
621	621	alleged act, error, or omission that occurred within the scope of
622	622	Interstate Commission employment, duties, or responsibilities, or
623	623	that such persons had a reasonable basis for believing occurred
624	624	within the scope of Interstate Commission employment, duties, or
625	625	responsibilities, provided that the actual or alleged act, error,
626	626	or omission did not result from intentional or wilful and wanton
627	627	misconduct on the part of such persons.
628	628	ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
629	629	A. Rulemaking Authority--The Interstate Commission shall
630	630	promulgate reasonable rules in order to effectively and efficiently
631	631	achieve the purposes of this compact. Notwithstanding the
632	632	foregoing, in the event the Interstate Commission exercises its
633	633	rulemaking authority in a manner that is beyond the scope of the
634	634	purposes of this Act, or the powers granted hereunder, then such an
635	635	action by the Interstate Commission shall be invalid and have no
636	636	force or effect.
637	637	B. Rulemaking Procedure--Rules shall be made pursuant to a
638	638	rulemaking process that substantially conforms to the "Model State
639	639	Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated,
640	640	Volume 15, page 1 (2000), as amended, as may be appropriate to the
641	641	operations of the Interstate Commission.
642	642	C. Not later than thirty (30) days after a rule is
643	643	promulgated, any person may file a petition for judicial review of
644	644	the rule; provided, that the filing of such a petition shall not
645	645	stay or otherwise prevent the rule from becoming effective unless
646	646	the court finds that the petitioner has a substantial likelihood of
647	647	success. The court shall give deference to the actions of the
648	648	Interstate Commission consistent with applicable law and shall not
649	649	find the rule to be unlawful if the rule represents a reasonable
650	650	exercise of the Interstate Commission's authority.
651	651	D. If a majority of the legislatures of the compacting
652	652	states rejects a rule by enactment of a statute or resolution in the
653	653	same manner used to adopt the compact, then such rule shall have no
654	654	further force and effect in any compacting state.
655	655	ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
656	656	A. Oversight
657	657	1. The executive, legislative, and judicial branches
658	658	of state government in each member state shall enforce this compact
659	659	and shall take all actions necessary and appropriate to effectuate
660	660	the compact's purposes and intent. The provisions of this compact
661	661	and the rules promulgated hereunder shall have standing as
662	662	statutory law.
663	663	2. All courts shall take judicial notice of the
664	664	compact and the rules in any judicial or administrative proceeding
665	665	in a member state pertaining to the subject matter of this compact
666	666	which may affect the powers, responsibilities, or actions of the
667	667	Interstate Commission.
668	668	3. The Interstate Commission shall be entitled to
669	669	receive all service of process in any such proceeding, and shall
670	670	have standing to intervene in the proceeding for all purposes.
671	671	Failure to provide service of process to the Interstate Commission
672	672	shall render a judgment or order void as to the Interstate
673	673	Commission, this compact, or promulgated rules.
674	674	B. Default, Technical Assistance, Suspension, and
675	675	Termination--If the Interstate Commission determines that a member
676	676	state has defaulted in the performance of its obligations or
677	677	responsibilities under this compact, or the bylaws or promulgated
678	678	rules, the Interstate Commission shall:
679	679	1. Provide written notice to the defaulting state and
680	680	other member states, of the nature of the default, the means of
681	681	curing the default and any action taken by the Interstate
682	682	Commission. The Interstate Commission shall specify the conditions
683	683	by which the defaulting state must cure its default.
684	684	2. Provide remedial training and specific technical
685	685	assistance regarding the default.
686	686	3. If the defaulting state fails to cure the default,
687	687	the defaulting state shall be terminated from the compact upon an
688	688	affirmative vote of a majority of the member states and all rights,
689	689	privileges, and benefits conferred by this compact shall be
690	690	terminated from the effective date of termination. A cure of the
691	691	default does not relieve the offending state of obligations or
692	692	liabilities incurred during the period of the default.
693	693	4. Suspension or termination of membership in the
694	694	compact shall be imposed only after all other means of securing
695	695	compliance have been exhausted. Notice of intent to suspend or
696	696	terminate shall be given by the Interstate Commission to the
697	697	governor, the majority and minority leaders of the defaulting
698	698	state's legislature, and each of the member states.
699	699	5. The state which has been suspended or terminated is
700	700	responsible for all assessments, obligations, and liabilities
701	701	incurred through the effective date of suspension or termination
702	702	including obligations, the performance of which extends beyond the
703	703	effective date of suspension or termination.
704	704	6. The Interstate Commission shall not bear any costs
705	705	relating to any state that has been found to be in default or which
706	706	has been suspended or terminated from the compact, unless otherwise
707	707	mutually agreed upon in writing between the Interstate Commission
708	708	and the defaulting state.
709	709	7. The defaulting state may appeal the action of the
710	710	Interstate Commission by petitioning the U.S. District Court for
711	711	the District of Columbia or the federal district where the
712	712	Interstate Commission has its principal offices. The prevailing
713	713	party shall be awarded all costs of such litigation including
714	714	reasonable attorney's fees.
715	715	C. Dispute Resolution
716	716	1. The Interstate Commission shall attempt, upon the
717	717	request of a member state, to resolve disputes which are subject to
718	718	the compact and which may arise among member states and between
719	719	member and non-member states.
720	720	2. The Interstate Commission shall promulgate a rule
721	721	providing for both mediation and binding dispute resolution for
722	722	disputes as appropriate.
723	723	D. Enforcement
724	724	1. The Interstate Commission, in the reasonable
725	725	exercise of its discretion, shall enforce the provisions and rules
726	726	of this compact.
727	727	2. The Interstate Commission may, by majority vote of
728	728	the members, initiate legal action in the U.S. District Court for
729	729	the District of Columbia or, at the discretion of the Interstate
730	730	Commission, in the federal district where the Interstate Commission
731	731	has its principal offices, to enforce compliance with the
732	732	provisions of the compact, its promulgated rules and bylaws,
733	733	against a member state in default. The relief sought may include
734	734	both injunctive relief and damages. In the event judicial
735	735	enforcement is necessary, the prevailing party shall be awarded all
736	736	costs of such litigation including reasonable attorney's fees.
737	737	3. The remedies herein shall not be the exclusive
738	738	remedies of the Interstate Commission. The Interstate Commission
739	739	may avail itself of any other remedies available under state law or
740	740	the regulation of a profession.
741	741	ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION
742	742	A. The Interstate Commission shall pay, or provide for the
743	743	payment of the reasonable expenses of its establishment,
744	744	organization, and ongoing activities.
745	745	B. The Interstate Commission may levy on and collect an
746	746	annual assessment from each member state to cover the cost of the
747	747	operations and activities of the Interstate Commission and its
748	748	staff, which must be in a total amount sufficient to cover the
749	749	Interstate Commission's annual budget as approved each year. The
750	750	aggregate annual assessment amount shall be allocated based upon a
751	751	formula to be determined by the Interstate Commission, which shall
752	752	promulgate a rule binding upon all member states.
753	753	C. The Interstate Commission shall not incur obligations of
754	754	any kind prior to securing the funds adequate to meet the same; nor
755	755	shall the Interstate Commission pledge the credit of any of the
756	756	member states, except by and with the authority of the member state.
757	757	D. The Interstate Commission shall keep accurate accounts
758	758	of all receipts and disbursements. The receipts and disbursements
759	759	of the Interstate Commission shall be subject to the audit and
760	760	accounting procedures established under its bylaws. However, all
761	761	receipts and disbursements of funds handled by the Interstate
762	762	Commission shall be audited yearly by a certified or licensed
763	763	public accountant and the report of the audit shall be included in
764	764	and become part of the annual report of the Interstate Commission.
765	765	ARTICLE XV. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
766	766	A. Any state is eligible to become a member state.
767	767	B. The compact shall become effective and binding upon
768	768	legislative enactment of the compact into law by no less than ten
769	769	(10) of the states. The effective date shall be no earlier than
770	770	December 1, 2007. Thereafter it shall become effective and binding
771	771	as to any other member state upon enactment of the compact into law
772	772	by that state. The governors of non-member states or their
773	773	designees shall be invited to participate in the activities of the
774	774	Interstate Commission on a non-voting basis prior to adoption of
775	775	the compact by all states.
776	776	C. The Interstate Commission may propose amendments to the
777	777	compact for enactment by the member states. No amendment shall
778	778	become effective and binding upon the Interstate Commission and the
779	779	member states unless and until it is enacted into law by unanimous
780	780	consent of the member states.
781	781	ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
782	782	A. Withdrawal
783	783	1. Once effective, the compact shall continue in force
784	784	and remain binding upon each and every member state; provided that a
785	785	member state may withdraw from the compact by specifically
786	786	repealing the statute which enacted the compact into law.
787	787	2. Withdrawal from this compact shall be by the
788	788	enactment of a statute repealing the same, but shall not take effect
789	789	until one (1) year after the effective date of such statute and
790	790	until written notice of the withdrawal has been given by the
791	791	withdrawing state to the governor of each other member
792	792	jurisdiction.
793	793	3. The withdrawing state shall immediately notify the
794	794	chairperson of the Interstate Commission in writing upon the
795	795	introduction of legislation repealing this compact in the
796	796	withdrawing state. The Interstate Commission shall notify the
797	797	other member states of the withdrawing state's intent to withdraw
798	798	within sixty (60) days of its receipt thereof.
799	799	4. The withdrawing state is responsible for all
800	800	assessments, obligations, and liabilities incurred through the
801	801	effective date of withdrawal, including obligations, the
802	802	performance of which extend beyond the effective date of
803	803	withdrawal.
804	804	5. Reinstatement following withdrawal of a member
805	805	state shall occur upon the withdrawing state reenacting the compact
806	806	or upon such later date as determined by the Interstate Commission.
807	807	B. Dissolution of Compact
808	808	1. This compact shall dissolve effective upon the date
809	809	of the withdrawal or default of the member state which reduces the
810	810	membership in the compact to one (1) member state.
811	811	2. Upon the dissolution of this compact, the compact
812	812	becomes null and void and shall be of no further force or effect,
813	813	and the business and affairs of the Interstate Commission shall be
814	814	concluded and surplus funds shall be distributed in accordance with
815	815	the bylaws.
816	816	ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
817	817	A. The provisions of this compact shall be severable, and if
818	818	any phrase, clause, sentence, or provision is deemed unenforceable,
819	819	the remaining provisions of the compact shall be enforceable.
820	820	B. The provisions of this compact shall be liberally
821	821	construed to effectuate its purposes.
822	822	C. Nothing in this compact shall be construed to prohibit
823	823	the applicability of other interstate compacts to which the states
824	824	are members.
825	825	ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
826	826	A. Other Laws
827	827	1. Nothing herein prevents the enforcement of any
828	828	other law of a member state that is not inconsistent with this
829	829	compact.
830	830	2. All member states' laws conflicting with this
831	831	compact are superseded to the extent of the conflict.
832	832	B. Binding Effect of the Compact
833	833	1. All lawful actions of the Interstate Commission,
834	834	including all rules and bylaws promulgated by the Interstate
835	835	Commission, are binding upon the member states.
836	836	2. All agreements between the Interstate Commission
837	837	and the member states are binding in accordance with their terms.
838	838	3. In the event any provision of this compact exceeds
839	839	the constitutional limits imposed on the legislature of any member
840	840	state, such provision shall be ineffective to the extent of the
841	841	conflict with the constitutional provision in question in that
842	842	member state.
843	843	Sec. 162.003. EFFECT ON TEXAS LAWS. If the laws of this
844	844	state conflict with the compact or a rule adopted under that
845	845	compact, the compact or rule controls, except that if a conflict
846	846	exists between the compact or rule and the Texas Constitution, as
847	847	determined by the courts of this state, the Texas Constitution
848	848	controls.
849	849	Sec. 162.004. COMPACT COMMISSIONER. (a) The governor
850	850	shall appoint a compact commissioner to be responsible for
851	851	administration and management of this state's participation in the
852	852	compact.
853	853	(b) If the compact commissioner is unable to attend a
854	854	specific meeting of the Interstate Commission created under the
855	855	compact, the governor shall delegate voting authority for that
856	856	meeting to another individual from this state.
857	857	(c) The compact commissioner serves at the will of the
858	858	governor.
859	859	Sec. 162.005. STATE COORDINATION. (a) The Texas Education
860	860	Agency shall provide for coordination among state agencies, school
861	861	districts, and military installations concerning this state's
862	862	participation in and compliance with the compact and compact
863	863	activities, as required by Article VIII of the compact.
864	864	(b) To the extent that the compact requires or authorizes a
865	865	State Council created in accordance with Article VIII of the
866	866	compact to perform a duty or function, the Texas Education Agency or
867	867	the commissioner of education, as appropriate, shall perform that
868	868	duty or function.
869	869	SECTION 2. Section 25.005(a), Education Code, is amended to
870	870	read as follows:
871	871	(a) To facilitate the transfer of military personnel and
872	872	their dependents to and from the public schools of this state, the
873	873	agency shall pursue reciprocity agreements [with other states]
874	874	governing the terms of those transfers with other states that are
875	875	not parties to the Interstate Compact on Educational Opportunity
876	876	for Military Children adopted under Chapter 162.
877	877	SECTION 3. This Act takes effect immediately if it receives
878	878	a vote of two-thirds of all the members elected to each house, as
879	879	provided by Section 39, Article III, Texas Constitution. If this
880	880	Act does not receive the vote necessary for immediate effect, this
881	881	Act takes effect September 1, 2009.