Bill Text: CA AB343 | 2009-2010 | Regular Session | Chaptered
Bill Title: Pupils: military families.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 237, Statutes of 2009. [AB343 Detail]
Download: California-2009-AB343-Chaptered.html
BILL NUMBER: AB 343 CHAPTERED
BILL TEXT
CHAPTER 237
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY JUNE 2, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Saldana
(Coauthors: Assembly Members Adams, Jeffries, Lieu, and Niello)
FEBRUARY 19, 2009
An act to add Chapter 11 (commencing with Section 49700) to Part
27 of Division 4 of Title 2 of the Education Code, relating to
pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 343, Saldana. Pupils: military families.
(1) Existing law authorizes a school district of choice, as
defined, to give priority for attendance to children of military
personnel, if the school district elected to accept transfer pupils
by a resolution adopted by the governing board of the school district
prior to April 1, 2005.
This bill would ratify the Interstate Compact on Educational
Opportunity for Military Children to, among other things, facilitate
the enrollment, placement, advancement, and transfer of the academic
records of the children of military families for the purpose of
removing barriers to their educational success due to the frequent
moves and deployment of their parents. The compact would establish
the Interstate Commission on Educational Opportunity for Military
Children to provide for dispute resolution among member states,
promulgate rules, and take other actions necessary for the
administration of the compact. The compact would only become
effective upon ratification by a minimum of 10 states.
The bill would authorize the Superintendent of Public Instruction
to accept nonstate funding, to be available upon appropriation, to
offset the cost of the annual assessment required by the charter.
The bill would require the Superintendent to reconvene a task
force initially convened pursuant to a provision of existing law to
review, and make recommendations regarding, the Interstate Compact on
Educational Opportunity for Military Children. The bill would
require this task force to be reconvened on or after July 1, 2012,
and on or before September 1, 2012, and to issue a final report of
findings and conclusions on prescribed topics to the appropriate
policy and fiscal committees of both houses of the Legislature no
later than December 1, 2012.
By requiring local educational agencies to perform additional
duties regarding the children of military families, this bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 11 (commencing with Section 49700) is added to
Part 27 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 11. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN
49700. The Legislature finds and declares that the purpose of the
Interstate Compact on Educational Opportunity for Military Children
is to remove barriers to educational success imposed on children of
military families due to the frequent moves and deployment of their
parents by doing all of the following:
(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 educational records from the
previous school district or variations in entrance or age
requirements.
(b) Facilitating the pupil 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 of children of
military families 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 the compact.
(f) Providing for the uniform collection and sharing of
information between and among member states, schools, and military
families pursuant to the compact.
(g) Promoting coordination between the compact and other compacts
affecting military children.
(h) Promoting flexibility and cooperation between the educational
system, parents, and the pupil in order to achieve educational
success for the pupil.
49700.5. The Legislature of the State of California hereby
ratifies the Interstate Compact on Educational Opportunity for
Military Children as set forth in Section 49701.
49701. The provisions of the Interstate Compact on Educational
Opportunity for Military Children are as follows:
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 or
children, 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
though six (6) months after return to their home station.
(E) "Educational 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: 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 U.S. Virgin Islands, Guam, American Samoa, the Northern
Marianas Islands, and any other U.S. 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 U.S. Virgin Islands,
Guam, American Samoa, the Northern Marianas Islands, and any other
U.S. 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 U.S. Army, Navy, Air Force,
Marine Corps, or Coast Guard, as well as the Commissioned Corps of
the National Oceanic and Atmospheric Administration and the U.S.
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 Military
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 Reserve;
(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. Dept. 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 to the extent feasible.
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 to the
extent practicable in each case.
(C) Immunizations - Compacting states shall give thirty (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 thirty (30) days or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission.
(D) Kindergarten and First (1st) 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 his or her 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 and there is space available, as determined by
the school district. 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, provided that the program exists in
the school and there is space available, as determined by the school
district. 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.A. 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 Section 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 and space is available, as determined by the
school district.
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 use best efforts to 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 use best efforts to 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; or 4)
in California, the passage of the exit examination adopted pursuant
to Section 60850 is required for the student to graduate if the
diploma is to be issued by a California public school, as long as it
is a requirement in California. 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
Section C of this Article 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 make best efforts to 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) (1) 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.
(2) In California, members of the State Council shall include all
of the following:
(a) The State Superintendent of Public Instruction or his or her
designee.
(b) A school district superintendent or his or her designee from a
school district with a high concentration of military children,
selected by the State Superintendent of Public Instruction.
(c) A representative from a military installation.
(d) A member of the Senate appointed by the Senate Committee on
Rules, or his or her designee, who represents a legislative district
with a high concentration of military children.
(e) A member of the Assembly appointed by the Speaker of the
Assembly, or his or her designee, who represents a legislative
district with a high concentration of military children.
(f) The Secretary for Education or his or her designee.
(g) Any other persons appointed by the State Superintendent of
Public Instruction.
(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) (1) 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.
(2) In California, the State Superintendent of Public Instruction
shall appoint the compact commissioner.
(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 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. Dept. 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 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 therefor, 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, 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) 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 specifically set forth in
Articles IV, V, VI, and VII of 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 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
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'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 willfull 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, as specifically set forth in
Articles IV, V, VI, and VII. Notwithstanding the foregoing, in the
event the Interstate Commission exercises its rulemaking authority in
a manner that is beyond the scope of the specific matters set forth
in Articles IV, V, VI, and VII 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, 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 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
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 or 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 nonvoting 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.
49702. Notwithstanding any other provision of law, the
Superintendent may accept nonstate funding to offset the cost of the
annual assessment required by Section (B) of Article XIV of the
Interstate Compact on Educational Opportunity for Military Children.
These moneys shall be available, upon appropriation by the
Legislature, for that purpose.
49703. The Superintendent may develop procedures for the training
of employees of local educational agencies in the implementation of
the Interstate Compact on Educational Opportunity for Military
Children as part of the process developed pursuant to Article 4.5
(commencing with Section 51250) of Chapter 2 of Part 28.
49704. (a) On or after July 1, 2012, and on or before September
1, 2012, the Superintendent shall reconvene, with its original
membership to the extent possible, the task force that was convened
pursuant to Section 2 of Chapter 589 of the Statutes of 2008 for the
purpose of reviewing and making recommendations regarding the
Interstate Compact on Educational Opportunity for Military Children.
(b) The reconvened task force shall also include the military
family education liaison and the compact commissioner, if the
individuals serving in those roles were not members of the original
task force.
(c) The reconvened task force shall review the impact of the
compact on California, its school districts and its students, and
issue a final report regarding these impacts that includes, at a
minimum, all of the following:
(1) The impacts on children of military families.
(2) The impacts on students who are not children of military
families.
(3) The impacts on schools and school districts.
(4) The nature of interactions between California school districts
and education agencies in other states.
(5) The nature of interactions between California, its schools and
school districts, and the Interstate Commission on Educational
Opportunity for Military Children.
(6) The extent and content of any regulatory or rulemaking actions
taken by the Interstate Commission on Educational Opportunity for
Military Children.
(7) The extent to which decisions made by the Interstate
Commission on Educational Opportunity for Military Children have
overridden or been in conflict with California law.
(8) Any unintended and unanticipated consequences to California,
or its students, schools or school districts, resulting from entering
into this compact.
(9) Any costs to the state or to districts, either as direct costs
or as reimbursements of state-mandated local costs.
(d) A member of the task force is subject to each of the following
requirements:
(1) He or she may use teleconferencing, phone conferencing, or
both, to participate in the reconvening of the task force.
(2) He or she shall not receive compensation for his or her
services as a member of the task force or reimbursement for expenses.
(e) The task force shall present a final report of findings and
conclusions, including any recommendations for legislative action, if
necessary, to the appropriate policy and fiscal committees of both
houses of the Legislature no later than December 1, 2012. The report
shall be concise, and may be produced and submitted solely in
electronic format.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
