§ 3309 — Interstate commission on educational opportunity for military children

§ 3309. Interstate commission on educational opportunity for military\nchildren. The member states hereby create the "interstate commission on\neducational opportunity for military children". The activities of the\ninterstate commission are the formation of public policy and are a\ndiscretionary state function. The interstate commission shall:\n 1. Be a body corporate and joint agency of the member states and shall\nhave all the responsibilities, powers and duties set forth herein.\n 2. Consist of one interstate commission voting representative from\neach member state who shall be that state's compact commissioner.\n (a) Each member state represented at a meeting of the interstate\ncommission is entitled to one vote.\n (b) A majority of the total member states shall constitute a quorum\nfor the transaction of business, unless a larger quorum is required by\nthe bylaws of the interstate commission.\n (c) A representative shall not delegate a vote to another member\nstate. In the event the compact commissioner is unable to attend a\nmeeting of the interstate commission, the governor or state council may\ndelegate voting authority to another person from their state for a\nspecified meeting.\n (d) The bylaws may provide for meetings of the interstate commission\nto be conducted by telecommunication or electronic communication.\n 3. Consist of ex-officio, non-voting representatives who are members\nof interested organizations. Such ex-officio members, as defined in the\nbylaws, may include but not be limited to, members of the representative\norganizations of military family advocates, local educational agency\nofficials, parent and teacher groups, the United States department of\ndefense, the education commission of the states, the interstate\nagreement on the qualification of educational personnel and other\ninterstate compacts affecting the education of children of military\nmembers.\n 4. Meet at least once each calendar year. The chairperson may call\nadditional meetings and, upon the request of a simple majority of the\nmember states, shall call additional meetings.\n 5. Establish an executive committee, whose members shall include the\nofficers of the interstate commission and such other members of the\ninterstate commission as determined by the bylaws. Members of the\nexecutive committee shall serve a one year term. Members of the\nexecutive committee shall be entitled to one vote each. The executive\ncommittee shall have the power to act on behalf of the interstate\ncommission, with the exception of rulemaking, during periods when the\ninterstate commission is not in session. The executive committee shall\noversee the day-to-day activities of the administration of the compact\nincluding enforcement and compliance with the provisions of the compact,\nits bylaws and rules, and other such duties as deemed necessary. The\nUnited States department of defense, shall serve as an ex-officio,\nnon-voting member of the executive committee.\n 6. Establish bylaws and rules that provide for conditions and\nprocedures under which the interstate commission shall make its\ninformation and official records available to the public for inspection\nor copying. The interstate commission may exempt from disclosure\ninformation or official records to the extent they would adversely\naffect personal privacy rights or proprietary interests.\n 7. Give public notice of all meetings and all meetings shall be open\nto the public, except as set forth in the rules or as otherwise provided\nin the compact. The interstate commission and its committees may close a\nmeeting, or portion thereof, where it determines by two-thirds vote that\nan open meeting would be likely to:\n (a) Relate solely to the interstate commission's internal personnel\npractices and procedures;\n (b) Disclose matters specifically exempted from disclosure by federal\nand state statute;\n (c) Disclose trade secrets or commercial or financial information\nwhich is privileged or confidential;\n (d) Involve accusing a person of a crime, or formally censuring a\nperson;\n (e) Disclose information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\n (f) Disclose investigative records compiled for law enforcement\npurposes; or\n (g) Specifically relate to the interstate commission's participation\nin a civil action or other legal proceeding.\n 8. Shall cause its legal counsel or designee to certify that a meeting\nmay be closed and shall reference each relevant exemptible provision for\nany meeting, or portion of a meeting, which is closed pursuant to this\nprovision. The interstate commission shall keep minutes which shall\nfully and clearly describe all matters discussed in a meeting and shall\nprovide a full and accurate summary of actions taken, and the reasons\ntherefor, including a description of the views expressed and the record\nof a roll call vote. All documents considered in connection with an\naction shall be identified in such minutes. All minutes and documents of\na closed meeting shall remain under seal, subject to release by a\nmajority vote of the interstate commission.\n 9. Shall collect standardized data concerning the educational\ntransition of the children of military families under this compact as\ndirected through its rules which shall specify the data to be collected,\nthe means of collection and data exchange and reporting requirements.\nSuch methods of data collection, exchange and reporting shall, in so far\nas is reasonably possible, conform to current technology and coordinate\nits information functions with the appropriate custodian of records as\nidentified in the bylaws and rules, and shall in all cases be consistent\nwith all applicable privacy laws.\n 10. Shall create a process that permits military officials, education\nofficials and parents to inform the interstate commission if and when\nthere are alleged violations of the compact or its rules or when issues\nsubject to the jurisdiction of the compact or its rules are not\naddressed by the state or local educational agency. This section shall\nnot be construed to create a private right of action against the\ninterstate commission or any member state.\n