81(R) SB 90 - Enrolled version

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	S.B. No. 90




	AN ACT
	relating to adoption of the Interstate Compact on Educational
	Opportunity for Military Children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 4, Education Code, is amended by adding
	Chapter 162 to read as follows:
	CHAPTER 162. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR
	MILITARY CHILDREN
	Sec. 162.001. DEFINITIONS. In this chapter:
	(1) "Compact" means the Interstate Compact on
	Educational Opportunity for Military Children executed under
	Section 162.002.
	(2) "Compact commissioner" means the individual
	appointed under Section 162.004.
	Sec. 162.002. EXECUTION OF COMPACT. This state enacts the
	Interstate Compact on Educational Opportunity for Military
	Children and enters into the compact with all other states legally
	joining in the compact in substantially the following form:
	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 10
	U.S.C. Sections 1209 and 1211.
	B. "Children of military families" means: a
	school-aged child(ren), enrolled in kindergarten through twelfth
	(12th) grade, 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 (1) month prior
	to the service members' departure from their home station on
	military orders through six (6) 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 twelfth
	(12th) grade 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 Defense,
	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 Marianas 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. "Non-member 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 Marianas
	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 twelfth (12th) grade.
	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 therefrom
	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 10 U.S.C. 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 (1) 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 (1) 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 U.S. 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 education 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 (10) days or within such time as is
	reasonably determined under the rules promulgated by the Interstate
	Commission.
	C. Immunizations--Compacting states shall give thirty (30)
	days from the date of enrollment or within such time that does not
	exceed thirty (30) days 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
	thirty (30) days or within such time that does not exceed thirty
	(30) days as is reasonably determined under the rules promulgated
	by the Interstate Commission. The collection and exchange of
	information pertaining to immunizations shall be subject to
	confidentiality provisions prescribed by federal law.
	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 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) (20 U.S.C. 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 (29 U.S.C.A.
	Section 794), and with Title II of the Americans with Disabilities
	Act (42 U.S.C.A. Sections 12131-12165), 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 non-custodial 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 non-custodial 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;
	or (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.
	The Texas commissioner of education shall adopt a passing
	standard on one or more national norm-referenced achievement tests
	for purposes of permitting a student to whom this compact applies to
	meet that standard as a substitute for completing a specific course
	or achieving a score on an assessment instrument otherwise required
	by this state for graduation. Each passing standard must be at
	least as rigorous as the applicable requirement otherwise imposed
	by this state for graduation, and be consistent with college
	readiness standards adopted under Section 28.008, Texas Education
	Code. Before adopting or revising a passing standard, the
	commissioner of education must consider any comments submitted by
	the Texas Higher Education Coordinating Board or the State Board of
	Education.
	A passing standard adopted by the commissioner of education
	is available only for a student who enrolls in a public school in
	this state for the first time after completing the ninth grade or
	who reenrolls in a public school in this state at or above the 10th
	grade level after an absence of at least two years from the public
	schools of this state. Each passing standard in effect when a
	student first enrolls in a public high school in this state remains
	applicable to the student for the duration of the student's high
	school enrollment, regardless of any subsequent revision of the
	standard.
	The commissioner of education may adopt rules as necessary to
	implement the commissioner's duties and authority under this
	article of the compact.
	The Texas Higher Education Coordinating Board shall monitor
	the postsecondary educational performance in this state of students
	permitted to graduate in accordance with passing standards adopted
	by the commissioner of education for purposes of this compact.
	Based on the educational performance of those students in private
	and public institutions, the coordinating board shall make
	recommendations to the commissioner of education regarding
	appropriate revisions of the passing standards.
	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, 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.
	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, non-voting
	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. 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 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. 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.
	I. 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.
	J. 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 but 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 such 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 wilful 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 wilful 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 Interstate
	Commission employment, duties, or responsibilities, provided that
	the actual or alleged act, error, or omission did not result from
	intentional or wilful and wanton misconduct on the part of such
	person.
	3. To the extent not covered by the state involved, the
	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's fees
	and costs, obtained against such persons 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 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 wilful 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,
	Volume 15, page 1 (2000), as amended, as may be appropriate to the
	operations of the Interstate Commission.
	C. Not later than thirty (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 rejects 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 U.S. District Court for
	the District of Columbia or the federal district where the
	Interstate Commission has its principal offices. The prevailing
	party shall be awarded all costs of such litigation including
	reasonable attorney's 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 non-member 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 U.S. 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's 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
	(10) 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 non-member states or their
	designees shall be invited to participate in the activities of the
	Interstate Commission on a non-voting basis prior to 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 by 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 (1) 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 sixty (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 (1) member state.
	2. Upon the 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. 162.003. EFFECT ON TEXAS LAWS. If the laws of this
	state conflict with the compact or a rule adopted under that
	compact, the compact or rule controls, except that if a conflict
	exists between the compact or rule and the Texas Constitution, as
	determined by the courts of this state, the Texas Constitution
	controls.
	Sec. 162.004. COMPACT COMMISSIONER. (a) The governor
	shall appoint a compact commissioner to be responsible for
	administration and management of this state's participation in the
	compact.
	(b) If the compact commissioner is unable to attend a
	specific meeting of the Interstate Commission created under the
	compact, the governor shall delegate voting authority for that
	meeting to another individual from this state.
	(c) The compact commissioner serves at the will of the
	governor.
	Sec. 162.005. STATE COORDINATION. (a) The Texas Education
	Agency shall provide for coordination among state agencies, school
	districts, and military installations concerning this state's
	participation in and compliance with the compact and compact
	activities, as required by Article VIII of the compact.
	(b) To the extent that the compact requires or authorizes a
	State Council created in accordance with Article VIII of the
	compact to perform a duty or function, the Texas Education Agency or
	the commissioner of education, as appropriate, shall perform that
	duty or function.
	SECTION 2. Subsection (a), Section 25.005, Education Code,
	is amended to read as follows:
	(a) To facilitate the transfer of military personnel and
	their dependents to and from the public schools of this state, the
	agency shall pursue reciprocity agreements [~~with other states~~]
	governing the terms of those transfers with other states that are
	not parties to the Interstate Compact on Educational Opportunity
	for Military Children adopted under Chapter 162.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2009.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 90 passed the Senate on March
	18, 2009, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 90 passed the House on April
	22, 2009, by the following vote: Yeas 145, Nays 0, one present not
	voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor