§ 16-92-10. 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:
(1) 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.
(2) Consist of one interstate commission voting representative from each member state
who shall be that state's compact commissioner:
(i) Each member state represented at a meeting of the interstate commission is entitled
to one vote;
(ii) 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;
(iii) 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;
(iv) The bylaws may provide for meetings of the interstate commission to be conducted by
telecommunication or electronic communication, which shall:
(3) 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.
(4) 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.
(5) 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. Dept. of
Defense, shall serve as an ex-officio, nonvoting member of the executive committee.
(6) 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.
(7) 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 (â…”) vote that an open meeting would be likely to:
(i) Relate solely to the interstate commission's internal personnel practices and procedures;
(ii) Disclose matters specifically exempted from disclosure by federal and state statute;
(iii) Disclose trade secrets or commercial or financial information which is privileged
or confidential;
(iv) Involve accusing a person of a crime, or formally censuring a person;
(v) Disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(vi) Disclose investigative records compiled for law enforcement purposes; or
(vii) Specifically relate to the interstate commission's participation in a civil action
or other legal proceeding.
(8) 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.
(9) 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.
(10) 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.