This bill places in statute the Interstate Compact on Educational Opportunity for Military Children.  The compact calls for a state council to perform certain compact duties. This bill makes the P-20 education partnership, already established in statute, the “state council” for purposes of the compact.

Section 1 [Establishment; Membership] makes the P-20 education partnership, previously established in statute, the state council for the Interstate Compact on Education.

Section 2 [Interstate Compact on Educational Opportunity for Military Children] is the compact comprised of the following articles:

Article I:  Purpose.  States that the purpose of the compact is to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents.

Article II: Definitions.  Defines terms that apply to the compact.  Includes definitions for “compact commissioner,” “military installation,” “uniformed services,” and “veterans.”

Article III: Applicability.  Makes the compact applicable to the children of certain members of the uniformed service.

Article IV: Educational Records and Enrollment. Provides for the transfer of certain records for children moving from one state to another.  Gives a 30-day grace period to obtain vaccinations and permits continued enrollment at grade level for transferring students.

Article V: Placement and Attendance. Provides for course and program placement, and special education services for students that transfer from one state to another.  Permits additional excused absences for activities related to deployment of a parent.

Article VI: Eligibility.  Describes eligibility for treatment under this compact.

Article VII: Graduation. Provisions regarding graduation requirements.

Article VIII: State Coordination. Requires each state to create a State Council or use an existing body to coordinate its state agencies, local education agencies, and military installations in regard to the state’s participation in this Compact.  As noted above, section 1 of this bill makes the P-20 education partnership – an existing organization – the “state council” for this Compact.  This article permits states to determine the membership of its own council, but specifies that the council must include certain members.  The Council must designate a military family education liaison to assist families and the state in facilitating the implementation of the compact. 

Article IX: Interstate Commission on Educational Opportunity for Military Children.  Creates an Interstate Commission on Educational Opportunity for Military Children.  Specifies terms regarding membership, voting, bylaws, meetings, executive committee, data policy, public nature of meetings, conditions and process for closing meetings, collection of standardized test data concerning educational transition of children of military families, and creation of a process for informing the Commission of violations of the compact, but does not create a private right of action against the Commission or any member state.

Article X: Powers and Duties of the Interstate Commission. Describes the powers of the Commission, including: dispute resolution; promulgating rules to effect the goals of the compact, with the rules having the force and effect of statutory law; issuing advisory opinions on the interpretation of the compact;  enforcing compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including judicial process; establishing an office within a member state; purchasing insurance; employing personnel; establishing committees and selecting officers; accepting donations; leasing and purchasing property; disposing of property; establishing a budget and making expenditures; adopting a seal and bylaws; reporting annually; coordinating education, training, and public awareness regarding the compact; establishing uniform standards for handling data; maintaining corporate books; performing functions as may be necessary to achieve purposes of the compact; and providing for uniform collection and sharing of information between certain entities.

Article XI: Organization and Operation of the Interstate Commission: Establishing certain organizing details for the Commission, including specifying limits on liability and providing immunity of a certain scope from certain claims.

Article XII. Rulemaking Functions of the Interstate Commission.  Requires the Interstate Commission to promulgate rules to achieve the purposes of the Compact. Applies the rulemaking process of the Model State Administrative Procedure Act.  Provides for judicial review to challenge a rule.  Directs the court to give deference to the actions of the Interstate Commission consistent with applicable law.  Provides that if a majority of legislatures reject a rule by enacting a statute, the rule will have no effect.

Article XIII.  Oversight, Enforcement, and Dispute Resolution.  Provides that the executive, legislative, and judicial branches of state government in each member state are required to enforce the compact. Directs courts to take judicial notice of the compact and rules.  Provides for receipt of service of process.  Specifies consequences for a member state that defaults in the performance of its obligations. Requires the Interstate Commission to attempt to resolve disputes between member states if so requested.  Requires the Interstate Commission to promulgate a rule that provides for mediation and binding dispute resolution. Requires the Interstate Commission to enforce the compact and rule. Authorizes the Interstate Commission to 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 Commission has its offices, to enforce compliance with the compact, its rules, and bylaws, against a member state in default.  The Commission may seek injunctive relief and damages. The prevailing party in a dispute must be awarded all costs including attorney fees.

Article XIV: Financing of the Interstate Commission. Permits the Interstate Commission to levy an annual assessment from members to cover the operations and activities of the Interstate Commission. Provides certain details regarding accounting for the Commission.

Article XV: Member States, Effective Date, and Amendment. Makes the compact binding on enactment. Permits the Interstate Commission to propose amendments, which are enacted only if enacted by unanimous consent of member states.

Article XVI: Withdrawal and Dissolution. Permits a member state to withdraw from the compact by enacting a statute repealing the enabling statute.  Provides details regarding withdrawal.

Article XVII: Severability and Construction.  Makes the provisions of the compact severable.

Article XVIII. Binding Effect of Compact and Other Laws.  Provides that member states’ laws that conflict with the compact are superceded by the compact to the extent of the conflict. Makes the actions of the Interstate Commission binding on member states and makes all agreements between the Interstate Commission and member states binding. Provides that any provision that exceeds the constitutional limits imposed on the legislature will be ineffective.

Sec. 3. [Military-Connected Youth Identifier.]  Requires a school district to include a box on the enrollment form to allow students to self-identify as a “military-connected youth.”  This term is defined in this section.

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