(a)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.
(b)The interstate commission shall:
(i)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;
(ii)Consist of one (1) interstate commission voting
representative from each member state who shall be that state's
compact commissioner subject to the following:
(A)Each member state represented at a m
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(a) 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.
(b) The interstate commission shall:
(i) 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;
(ii) Consist of one (1) interstate commission voting
representative from each member state who shall be that state's
compact commissioner subject to the following:
(A) Each member state represented at a meeting
of the interstate commission is entitled to one (1) vote;
(B) 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;
(C) 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;
(D) The bylaws may provide for meetings of the
interstate commission to be conducted by telecommunication or
electronic communication.
(iii) Consist of ex-officio, nonvoting
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 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 members;
(iv) 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;
(v) 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
(1) year term. Members of the executive committee shall be
entitled to one (1) 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 United
States department of defense shall serve as an ex-officio,
nonvoting member of the executive committee;
(vi) 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;
(vii) 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 (2/3) vote that an
open meeting would be likely to:
(A) Relate solely to the interstate commission's
internal personnel practices and procedures;
(B) Disclose matters specifically exempted from
disclosure by federal and state statute;
(C) Disclose trade secrets or commercial or
financial information which is privileged or confidential;
(D) Involve accusing a person of a crime, or
formally censuring a person;
(E) Disclose information of a personal nature
where disclosure would constitute a clearly unwarranted invasion
of personal privacy;
(F) Disclose investigative records compiled for
law enforcement purposes; or
(G) Specifically relate to the interstate
commission's participation in a civil action or other legal
proceeding.
(viii) 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;
(ix) 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;
(x) 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.