SF 2118

as introduced - 88th Legislature (2013 - 2014) Posted on 03/31/2014 11:25am

A bill for an act
relating to education; adopting the interstate compact on educational opportunity
for military children; requiring a military-connected youth identifier; amending
Minnesota Statutes 2012, section 127A.70, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 127A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 127A.70, subdivision 1, is amended to read:

Subdivision 1.

Establishment; membership.

(a) A P-20 education partnership is
established to create a seamless system of education that maximizes achievements of
all students, from early childhood through elementary, secondary, and postsecondary
education, while promoting the efficient use of financial and human resources. The
partnership shall consist of major statewide educational groups or constituencies or
noneducational statewide organizations with a stated interest in P-20 education. The initial
membership of the partnership includes the members serving on the Minnesota P-16
Education Partnership and four legislators appointed as follows:

(1) one senator from the majority party and one senator from the minority party,
appointed by the Subcommittee on Committees of the Committee on Rules and
Administration; and

(2) one member of the house of representatives appointed by the speaker of the
house and one member appointed by the minority leader of the house of representatives.

(b) The chair of the P-16 education partnership must convene the first meeting
of the P-20 partnership. Prospective members may be nominated by any partnership
member and new members will be added with the approval of a two-thirds majority of the
partnership. The partnership will also seek input from nonmember organizations whose
expertise can help inform the partnership's work.

(c) Partnership members shall be represented by the chief executives, presidents, or
other formally designated leaders of their respective organizations, or their designees. The
partnership shall meet at least three times during each calendar year.

(d) The P-20 education partnership shall be the state council for the Interstate
Compact on Educational Opportunity for Military Children under section 127A.85 with
the chair serving as the compact commissioner responsible for the administration and
management of the state's participation in the compact. When conducting business
required under section 127A.85, the P-20 partnership shall include a representative from a
military installation appointed by the adjutant general of the Minnesota National Guard.

Sec. 2.

[127A.85] INTERSTATE COMPACT ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN.

ARTICLE I

PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on
children of military families because of frequent moves and deployment of their parents by:

A. facilitating the timely enrollment of children of military families and ensuring
that they are not placed at a disadvantage due to difficulty in the transfer of education
records from the previous school district(s) or variations in entrance/age requirements.

B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content, or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs,
and participation in extracurricular academic, athletic, and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules
implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and
among member states, schools, and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting
military children.

H. Promoting flexibility and cooperation between the educational system, parents,
and the student in order to achieve educational success for the student.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. "Active duty" means: full-time duty status in the active uniformed service of the
United States, including members of the National Guard and Reserve on active duty orders
pursuant to United States code, title 10, sections 1209 and 1211.

B. "Children of military families" means: a school-aged child(ren), enrolled in
kindergarten through grade 12, in the household of an active duty member.

C. "Compact commissioner" means: the voting representative of each compacting
state appointed pursuant to Article VIII of this compact.

D. "Deployment" means: the period one month prior to the service members'
departure from their home station on military orders through six months after return to
their home station.

E. "Education(al) records" means: those official records, files, and data directly
related to a student and maintained by the school or local education agency, including but
not limited to records encompassing all the material kept in the student's cumulative
folder, such as general identifying data, records of attendance and of academic work
completed, records of achievement and results of evaluative tests, health data, disciplinary
status, test protocols, and individualized education programs.

F. "Extracurricular activities" means: a voluntary activity sponsored by the school
or local education agency or an organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to, preparation for and involvement
in public performances, contests, athletic competitions, demonstrations, displays, and
club activities.

G. "Interstate Commission on Educational Opportunity for Military Children"
means: the commission that is created under Article IX of this compact, which is generally
referred to as Interstate Commission.

H. "Local education agency" means: a public authority legally constituted by the
state as an administrative agency to provide control of and direction for kindergarten
through grade 12 public educational institutions.

I. "Member state" means: a state that has enacted this compact.

J. "Military installation" means: a base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the jurisdiction of the Department of Defence,
including any leased facility, which is located within any of the several states, the District
of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, and any other United States territory.
Such term does not include any facility used primarily for civil works, rivers and harbors
projects, or flood control projects.

K. "Nonmember state" means: a state that has not enacted this compact.

L. "Receiving state" means: the state to which a child of a military family is sent,
brought, or caused to be sent or brought.

M. "Rule" means: a written statement by the Interstate Commission promulgated
pursuant to Article XII of this compact that is of general applicability, implements,
interprets, or prescribes a policy or provision of the Compact, or an organizational,
procedural, or practice requirement of the Interstate Commission, and has the force
and effect of statutory law in a member state, and includes the amendment, repeal, or
suspension of an existing rule.

N. "Sending state" means: the state from which a child of a military family is sent,
brought, or caused to be sent or brought.

O. "State" means: a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other United States territory.

P. "Student" means: the child of a military family for whom the local education
agency receives public funding and who is formally enrolled in kindergarten through
grade 12.

Q. "Transition" means: (1) the formal and physical process of transferring from
school to school or (2) the period of time in which a student moves from one school in
the sending state to another school in the receiving state.

R. "Uniformed service(s)" means: the Army, Navy, Air Force, Marine Corps, Coast
Guard as well as the commissioned Corps of the National Oceanic and Atmospheric
Administration, and Public Health Services.

S. "Veteran" means: a person who served in the uniformed services and who was
discharged or released there from under conditions other than dishonorable.

ARTICLE III

APPLICABILITY

A. Except as otherwise provided in Section B, this compact shall apply to the
children of:

1. active duty members of the uniformed services as defined in this compact,
including members of the National Guard and Reserve on active duty orders pursuant to
United States Code, title 10, sections 1209 and 1211;

2. members or veterans of the uniformed services who are severely injured and
medically discharged or retired for a period of one year after medical discharge or
retirement; and

3. members of the uniformed services who die on active duty or as a result of
injuries sustained on active duty for a period of one year after death.

B. The provisions of this interstate compact shall only apply to local education
agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

1. inactive members of the national guard and military reserves;

2. members of the uniformed services now retired, except as provided in Section A;

3. veterans of the uniformed services, except as provided in Section A; and

4. other United States Department of Defense personnel and other federal agency
civilian and contract employees not defined as active duty members of the uniformed
services.

ARTICLE IV

EDUCATIONAL RECORDS AND ENROLLMENT

A. Unofficial or "hand-carried" education records - In the event that official
education records cannot be released to the parents for the purpose of transfer, the
custodian of the records in the sending state shall prepare and furnish to the parent
a complete set of unofficial educational records containing uniform information as
determined by the Interstate Commission. Upon receipt of the unofficial education records
by a school in the receiving state, the school shall enroll and appropriately place the
student based on the information provided in the unofficial records pending validation by
the official records, as quickly as possible.

B. Official education records/transcripts - Simultaneous with the enrollment and
conditional placement of the student, the school in the receiving state shall request the
student's official education record from the school in the sending state. Upon receipt of
this request, the school in the sending state will process and furnish the official education
records to the school in the receiving state within ten days or within such time as
reasonably determined under rules promulgated by the Interstate Commission.

C. Immunizations - Compacting states shall give 30 days from the date of enrollment
or within such time as is reasonably determined under the rules promulgated by the
Interstate Commission, for students to obtain any immunization(s) required by the
receiving state. For a series of immunizations, initial vaccinations must be obtained within
30 days or within such time as is reasonably determined under the rules promulgated by
the Interstate Commission.

D. Kindergarten and first grade entrance age - Students shall be allowed to continue
their enrollment at grade level in the receiving state commensurate with their grade level
(including kindergarten) from a local education agency in the sending state at the time of
transition, regardless of age. A student that has satisfactorily completed the prerequisite
grade level in the local education agency in the sending state shall be eligible for enrollment
in the next highest grade level in the receiving state, regardless of age. A student
transferring after the start of the school year in the receiving state shall enter the school in
the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V

PLACEMENT AND ATTENDANCE

A. Course placement - When the student transfers before or during the school year,
the receiving state school shall initially honor placement of the student in educational
courses based on the student's enrollment in the sending state school and/or educational
assessments conducted at the school in the sending state if the courses are offered. Course
placement includes but is not limited to Honors, International Baccalaureate, Advanced
Placement, vocational, technical, and career pathways courses. Continuing the student's
academic program from the previous school and promoting placement in academically and
career challenging courses should be paramount when considering placement. This does
not preclude the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement and continued enrollment of the student in the course(s).

B. Educational program placement - The receiving state school shall initially honor
placement of the student in educational programs based on the current educational
assessments conducted at the school in the sending state or participation/placement in
like programs in the sending state. Such programs include, but are not limited to: (1)
gifted and talented programs; and (2) English as a second language (ESL). This does not
preclude the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement of the student.

C. Special education services - (1) in compliance with the federal requirements of the
Individuals with Disabilities Education Act (IDEA), United States Code Annotated, Title
20, section 1400 et seq., the receiving state shall initially provide comparable services to a
student with disabilities based on his/her current Individualized Education Program (IEP);
and (2) in compliance with the requirements of Section 504 of the Rehabilitation Act,
United States Code Annotated, title 29, section 794, and with Title II of the Americans
with Disabilities Act, United States Code Annotated, title 42, sections 12131 to12165,
the receiving state shall make reasonable accommodations and modifications to address
the needs of incoming students with disabilities, subject to an existing 504 or Title II
Plan, to provide the student with equal access to education. This does not preclude the
school in the receiving state from performing subsequent evaluations to ensure appropriate
placement of the student.

D. Placement flexibility - Local education agency administrative officials shall have
flexibility in waiving course/program prerequisites, or other preconditions for placement
in courses/programs offered under the jurisdiction of the local education agency.

E. Absence as related to deployment activities - A student whose parent or legal
guardian is an active duty member of the uniformed services, as defined by the compact,
and has been called to duty for, is on leave from, or immediately returned from deployment
to a combat zone or combat support posting, shall be granted additional excused absences
at the discretion of the local education agency superintendent to visit with his or her parent
or legal guardian relative to such leave or deployment of the parent or guardian.

ARTICLE VI

ELIGIBILITY

A. Eligibility for enrollment

1. Special power of attorney, relative to the guardianship of a child of a military
family and executed under applicable law shall be sufficient for the purposes of enrollment
and all other actions requiring parental participation and consent.

2. A local education agency shall be prohibited from charging local tuition to a
transitioning military child placed in the care of a noncustodial parent or other person
standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

3. A transitioning military child, placed in the care of a noncustodial parent or
other person standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent, may continue to attend the school in which he/she was enrolled while
residing with the custodial parent.

B. Eligibility for extracurricular participation - State and local education
agencies shall facilitate the opportunity for transitioning military children's inclusion
in extracurricular activities, regardless of application deadlines, to the extent they are
otherwise qualified.

ARTICLE VII

GRADUATION

In order to facilitate the on-time graduation of children of military families, states
and local education agencies shall incorporate the following procedures:

A. Waiver requirements - Local education agency administrative officials shall waive
specific courses required for graduation if similar coursework has been satisfactorily
completed in another local education agency or shall provide reasonable justification for
denial. Should a waiver not be granted to a student who would qualify to graduate from
the sending school, the local education agency shall provide an alternative means of
acquiring required coursework so that graduation may occur on time.

B. Exit exams - States shall accept: (1) exit or end-of-course exams required for
graduation from the sending state, (2) national norm-referenced achievement tests, or (3)
alternative testing, in lieu of testing requirements for graduation in the receiving state.
In the event the above alternatives cannot be accommodated by the receiving state for a
student transferring in his or her senior year, then the provisions of Article VII, Section
C shall apply.

C. Transfers during senior year - Should a military student transferring at the
beginning or during his or her senior year be ineligible to graduate from the receiving local
education agency after all alternatives have been considered, the sending and receiving
local education agencies shall ensure the receipt of a diploma from the sending local
education agency, if the student meets the graduation requirements of the sending local
education agency. In the event that one of the states in question is not a member of this
compact, the member state shall use best efforts to facilitate the on-time graduation of the
student in accordance with Sections A and B of this Article.

ARTICLE VIII

STATE COORDINATION

A. Each member state shall, through the creation of a State Council or use of an
existing body or board, provide for the coordination among its agencies of government,
local education agencies, and military installations concerning the state's participation in,
and compliance with, this compact and Interstate Commission activities. While each
member state may determine the membership of its own State Council, its membership
must include at least: the state superintendent of education, superintendent of a school
district with a high concentration of military children, representative from a military
installation, one representative each from the legislative and executive branches of
government, and other offices and stakeholder groups the State Council deems appropriate.
A member state that does not have a school district deemed to contain a high concentration
of military children may appoint a superintendent from another school district to represent
local education agencies on the State Council.

B. The State Council of each member state shall appoint or designate a military
family education liaison to assist military families and the state in facilitating the
implementation of this compact.

C. The compact commissioner responsible for the administration and management
of the state's participation in the compact shall be appointed by the governor or as
otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated
herein shall be ex-officio members of the State Council, unless either is already a full
voting member of the State council.

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 shall:

A. 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.

B. Consist of one Interstate Commission voting representative from each member
state who shall be that state's compact commissioner.

1. Each member state represented at a meeting of the Interstate Commission is
entitled to one vote.

2. 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.

3. 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.

4. The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or electronic communication.

C. 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.

D. 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.

E. 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. Department of
Defense, shall serve as an ex-officio, nonvoting member of the executive committee.

F. 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. Public notice shall be given by the Interstate Commission 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 vote 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 and state statute;

3. Disclose trade secrets or commercial or financial information which is privileged
or confidential;

4. Involve accusing a person of a crime, or formally censuring a person;

5. Disclose information of a personal nature where disclosure would constitute 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 other legal proceeding.

H. For a meeting, or a portion of a meeting, closed pursuant to this provision, the
Interstate Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exemptible 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.

I. The Interstate Commission 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, insofar 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.

J. The Interstate Commission 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.

ARTICLE X

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate commission shall have the following powers:

A. To provide for dispute resolution among member states.

B. To promulgate rules and take all necessary actions to effect the goals, purposes,
and obligations as enumerated in this compact. The rules shall have the force and effect of
statutory law and shall be binding in the compact states to the extent and in the manner
provided in this compact.

C. To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules, and actions.

D. To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means, including
but not limited to the use of judicial process.

E. To establish and maintain offices which shall be located within one or more of
the member states.

F. To purchase and maintain insurance and bonds.

G. To borrow, accept, hire, or contract for services of personnel.

H. To establish and appoint committees including, but not limited to, an executive
committee as required by Article IX, Section E, which shall have the power to act on
behalf of the Interstate Commission in carrying out its powers and duties hereunder.

I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and
to fix their compensation, define their duties, and determine their qualifications; and to
establish the Interstate Commission's personnel policies and programs relating to conflicts
of interest, rates of compensation, and qualifications of personnel.

J. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of it.

K. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property, real, personal, or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and operation of the
Interstate Commission.

O. To report annually to the legislatures, governors, judiciary, and State Councils
of the member states concerning the activities of the Interstate Commission during the
preceding year. Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.

P. To coordinate education, training, and public awareness regarding the compact, its
implementation and operation for officials and parents involved in such activity.

Q. To establish uniform standards for the reporting, collecting, and exchanging of
data.

R. To maintain corporate books and records in accordance with the bylaws.

S. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.

T. To provide for the uniform collection and sharing of information between and
among member states, schools, and military families under this compact.

ARTICLE XI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall, by a majority of the members present and
voting, within 12 months after the first interstate Commission meeting, adopt bylaws to
govern its conduct as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee, and such other committees as may be
necessary;

3. Providing for the establishment of committees and for governing any general or
specific delegation of authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting meetings of the
Interstate Commission, and ensuring reasonable notice of each such meeting;

5. Establishing the titles and responsibilities of the officers and staff of the Interstate
Commission;

6. Providing a mechanism for concluding the operations of the Interstate
Commission and the return of surplus funds that may exist upon the termination of the
compact after the payment and reserving of all of its debts and obligations.

7. Providing "start up" rules for initial administration of the compact.

B. The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom
shall have such authority and duties as may be specified in the bylaws. The chairperson or,
in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings
of the Interstate Commission. The officers so elected shall serve without compensation or
remuneration from the Interstate Commission; provided that, subject to the availability
of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their responsibilities as officers of the
Interstate Commission.

C. Executive Committee, Officers and Personnel

1. The executive committee shall have such authority and duties as may be set forth
in the bylaws, including by not limited to:

a. Managing the affairs of the Interstate Commission in a manner consistent with the
bylaws and purposes of the Interstate Commission;

b. Overseeing an organizational structure within, and appropriate procedures for,
the Interstate Commission to provide for the creation of rules, operating procedures, and
administrative and technical support functions; and

c. Planning, implementing, and coordinating communications and activities with
other state, federal, and local government organizations in order to advance the goals of
the Interstate Commission.

2. The executive committee may, subject to the approval of the Interstate
Commission, appoint or retain an executive director for such period, upon such terms and
conditions and for compensation, as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate Commission, but shall not
be a member of the Interstate Commission. The executive director shall hire and supervise
such other persons as may be authorized by the Interstate Commission.

D. The Interstate Commission's executive director and its employees shall be
immune from suit and liability, either personally or in their official capacity, for a claim
for damage to or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided that such person shall
not be protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.

1. The liability of the Interstate Commission's executive director and employees
or Interstate Commission representatives, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring within such person's state
may not exceed the limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is considered to be an
instrumentality of the states for the purposes of any such action. Nothing in this subsection
shall be construed to protect such person from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such person.

2. The Interstate Commission shall defend the executive director and its employees
and, subject to the approval of the attorney general or other appropriate legal counsel of the
member state represented by an Interstate Commission representative, shall defend such
Interstate Commission representative in any civil action seeking to impose liability arising
out of an actual or alleged act, error, or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of the Interstate Commission employment,
duties, or responsibilities, provided that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part of such person.

3. To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment, including attorney fees and costs,
obtained against such persons arising out of an actual or alleged act, error, or omission
that occurred within the scope of the Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.

ARTICLE XII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. Rulemaking Authority - The Interstate Commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the purposes of this Compact.
Notwithstanding the foregoing, in the event the Interstate Commission exercises its
rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or
the powers granted hereunder, then such an action by the Interstate Commission shall be
invalid and have no force or effect.

B. Rulemaking Procedure - Rules shall be made pursuant to a rulemaking process
that substantially conforms to the "Model State Administrative Procedure Act," of 1981
Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to
the operations of the Interstate Commission.

C. Not later than 30 days after a rule is promulgated, any person may file a petition
for judicial review of the rule; provided that the filing of such a petition shall not stay
or otherwise prevent the rule from becoming effective unless the court finds that the
petitioner has a substantial likelihood of success. The court shall give deference to
the actions of the Interstate Commission consistent with applicable law and shall not
find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate
Commission's authority.

D. If a majority of the legislatures of the compacting states reject a Rule by
enactment of a statute or resolution in the same manner used to adopt the compact, then
such rule shall have no further force and effect in any compacting state.

ARTICLE XIII

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

A. Oversight

1. The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and shall take all actions necessary and
appropriate to effectuate the compact's purposes and intent. The provisions of this compact
and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the Interstate Commission.

3. The Interstate Commission shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the Interstate Commission shall render a judgment
or order void as to the Interstate Commission, this compact, or promulgated rules.

B. Default, Technical Assistance, Suspension, and Termination - If the Interstate
Commission determines that a member state has defaulted in the performance of its
obligations or responsibilities under this compact, or the bylaws or promulgated rules,
the Interstate Commission shall:

1. Provide written notice to the defaulting state and other member states of the
nature of the default, the means of curing the default, and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default.

2. Provide remedial training and specific technical assistance regarding the default.

3. If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority of the member states
and all rights, privileges, and benefits conferred by this compact shall be terminated from
the effective date of termination. A cure of the default does not relieve the offending state
of obligations or liabilities incurred during the period of the default.

4. Suspension or termination of membership in the compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of intent
to suspend or terminate shall be given by the Interstate Commission to the governor,
the majority and minority leaders of the defaulting state's legislature, and each of the
member states.

5. The state which has been suspended or terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective date of suspension
or termination, including obligations, the performance of which extends beyond the
effective date of suspension or termination.

6. The Interstate Commission shall not bear any costs relating to any state that has
been found to be in default or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the Interstate Commission
and the defaulting state.

7. The defaulting state may appeal the action of the Interstate Commission by
petitioning the United States District Court for the District of Columbia or the federal
district where the Interstate Commission has its principle offices. The prevailing party
shall be awarded all costs of such litigation including reasonable attorney fees.

C. Dispute Resolution

1. The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among member
states and between member and nonmember states.

2. The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.

D. Enforcement

1. The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact.

2. The Interstate Commission may, by majority vote of the members, initiate legal
action in the United States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate Commission has its
principal offices, to enforce compliance with the provisions of the compact, its promulgated
rules and bylaws, against a member state in default. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary the prevailing
party shall be awarded all costs of such litigation including reasonable attorney fees.

3. The remedies herein shall not be the exclusive remedies of the Interstate
Commission. The Interstate Commission may avail itself of any other remedies available
under state law or the regulation of a profession.

ARTICLE XIV

FINANCING OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from
each member state to cover the cost of the operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the Interstate
Commission, which shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be
subject to the audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the report of the audit shall
be included in and become part of the annual report of the Interstate Commission.

ARTICLE XV

MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than ten of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter, it shall become effective and binding as to any other member
state upon enactment of the compact into law by that state. The governors of nonmember
states or their designees shall be invited to participate in the activities of the Interstate
Commission on a nonvoting basis prior to the adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and binding upon
the Interstate Commission and the member states unless and until it is enacted into law by
unanimous consent of the member states.

ARTICLE XVI

WITHDRAWAL AND DISSOLUTION

A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding upon each
and every member state; provided that a member state may withdraw from the compact
specifically repealing the statute, which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a statute repealing
the same, but shall not take effect until one year after the effective date of such statute
and until written notice of the withdrawal has been given by the withdrawing state to the
governor of each other member jurisdiction.

3. The withdrawing state shall immediately notify the chairperson of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other member states of the
withdrawing state's intent to withdraw within 60 days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations and liabilities
incurred through the effective date of withdrawal, including obligations, the performance
of which extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.

B. Dissolution of Compact

1. This compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.

2. Upon he dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its
purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other
interstate compacts to which the states are members.

ARTICLE XVIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other Laws

1. Nothing herein prevents the enforcement of any other law of a member state
that is not inconsistent with this compact.

2. All member states' laws conflicting with this compact are superseded to the
extent of the conflict.

B. Binding Effect of the Compact

1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member states.

2. All agreements between the Interstate Commission and the member states are
binding in accordance with their terms.

3. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member state.

Sec. 3. MILITARY-CONNECTED YOUTH IDENTIFIER.

(a) When a school district updates its enrollment forms in the ordinary course
of business, the district must include a box on the enrollment form to allow students
to self-identify as a military-connected youth. For purposes of this section, a
"military-connected youth" means having an immediate family member, including a
parent or sibling, who is currently in the armed forces either as a reservist or on active
duty or has recently retired from the armed forces.

(b) Data collected under this section is private data, but summary data may be
published by the Department of Education.