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:
A.Is a body corporate and joint agency of the member states and
has all the responsibilities, powers, and duties set forth in this compact
and such additional powers as may be conferred upon it by a
subsequent concurrent action of the legislatures of the member states
under the terms of this compact.
B.Consists of one (1) interstate commission voting representative
from each member state who is the member state's compact
commissioner.
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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:
A. Is a body corporate and joint agency of the member states and
has all the responsibilities, powers, and duties set forth in this compact
and such additional powers as may be conferred upon it by a
subsequent concurrent action of the legislatures of the member states
under the terms of this compact.
B. Consists of one (1) interstate commission voting representative
from each member state who is the member state's compact
commissioner.
1. Each member state represented at a meeting of the interstate
commission is entitled to one (1) vote.
2. A majority of the total member states constitutes a quorum for
the transaction of business unless the bylaws of the interstate
commission require a larger quorum.
3. A representative may not delegate a vote to another member
state. If a compact commissioner is unable to attend a meeting of
the interstate commission, the governor or the state council may
delegate voting authority to another person from the compact
commissioner's 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. Consists of ex officio, nonvoting representatives who are
members of interested organizations, including members of the
representative organizations of military family advocates, local
education agency officials, parent and teacher groups, the United States
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 families.
D. Shall meet at least one (1) time each calendar year. The
chairperson may call additional meetings and, upon the request of a
simple majority of the member states, must call additional meetings.
E. Shall establish an executive committee. Members of the
executive committee include the officers of the interstate commission
and other members of the interstate commission as determined by the
bylaws. Members of the executive committee shall serve a one (1) year
term. Members of the executive committee are entitled to one (1) vote
each. The executive committee has the power to act on behalf of the
interstate commission, except for rulemaking, during periods when the
interstate commission is not in session. The executive committee shall
oversee the daily activities of the administration of this compact,
including enforcement and compliance with this compact, its bylaws,
and its rules, and other necessary duties. The United States Department
of Defense is an ex officio nonvoting member of the executive
committee.
F. Shall 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. Shall give public notice of all meetings. All meetings are open to
the public except as set forth in the rules or as otherwise provided in
this compact. The interstate commission and its committees may close
a meeting or part of a meeting if the interstate commission determines
by a two-thirds (2/3) majority 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 or state law;
3. disclose trade secrets or privileged or confidential commercial
or financial information;
4. involve accusing a person of a crime or formally censuring a
person;
5. disclose information of a personal nature in 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 another legal proceedings.
H. Shall cause its legal counsel or designee to certify that a meeting
may be closed and reference each relevant exemptible provision for any
meeting or part of a meeting that is closed under this section. The
interstate commission shall keep minutes that fully and clearly describe
all matters discussed in a meeting and provide a full and accurate
summary of actions taken and the reasons for taking the actions,
including a description of the views expressed and the record of a roll
call vote. All documents considered in connection with an action must
be identified in the 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 the interstate commission's rules. The rules must
specify the data to be collected, the means of collection, and data
exchange and reporting requirements. The methods of data collection,
exchange, and reporting must, to the extent reasonably possible,
conform to current technology and coordinate information functions
with the appropriate custodian of records as identified in the interstate
commission's bylaws and rules.
J. Shall create a process to permit military officials, education
officials, and parents to inform the interstate commission of alleged
violations of this compact or the rules of the interstate commissions, or
when issues subject to the jurisdiction of this compact or the rules of
the interstate commission are not addressed by a state or local
education agency. This section may not be construed to create a private
right of action against the interstate commission or any member state.