Bill Text: FL S1446 | 2023 | Regular Session | Introduced
Bill Title: Interstate Education Compacts
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/HB 1125 (Ch. 2023-165), CS/HB 1127 (Ch. 2023-166) [S1446 Detail]
Download: Florida-2023-S1446-Introduced.html
Florida Senate - 2023 SB 1446
By Senator Wright
8-00913A-23 20231446__
1 A bill to be entitled
2 An act relating to the interstate education compacts;
3 creating s. 1012.993, F.S.; creating the Interstate
4 Teacher Mobility Compact; providing the purpose and
5 objectives of and definitions for the compact;
6 providing requirements for the licensure of teachers
7 in member states who hold specified licenses in other
8 member states; providing requirements for teachers,
9 including career and technical education teachers, who
10 are licensed in one member state to become licensed in
11 another member state; providing requirements for
12 licensed teachers who are also eligible military
13 spouses; providing requirements for the renewal of
14 such licenses in the member state to which a teacher
15 transferred his or her license; providing
16 applicability; authorizing member states to require
17 additional information for the purpose of determining
18 teacher compensation; providing construction;
19 providing requirements for licensure in a member
20 state; providing requirements for the investigation or
21 imposition of disciplinary measures and adverse
22 actions for teachers; providing for the sharing and
23 protection of certain information between member
24 states; establishing the Interstate Teacher Mobility
25 Compact Commission; providing the purpose of the
26 commission; providing requirements for the membership
27 and meetings of the commission; providing for the
28 removal or suspension of commissioners; providing
29 requirements, powers, and duties of the commission;
30 authorizing the commission to adopt bylaws and rules;
31 establishing the executive committee of the
32 commission; providing for the membership and meetings
33 of the executive committee; providing the duties and
34 responsibilities of the committee; providing
35 requirements for commission meetings; requiring the
36 commission to keep specified records and minutes;
37 requiring the commission to pay specified expenses;
38 authorizing the commission to accept specified
39 donations and grants; authorizing the commission to
40 levy and collect annual assessments from member states
41 or to impose fees on other parties for a specified
42 purpose; prohibiting the commission from incurring
43 specified obligations; providing specified immunity to
44 certain individuals; providing exceptions; requiring
45 the commission to defend specified individuals under
46 certain circumstances; requiring the commission to
47 indemnify certain individuals; providing exceptions;
48 providing requirements for commission rules; providing
49 requirements for the exchange of specified information
50 between member states; providing requirements for the
51 oversight of the commission and member states;
52 providing for the resolution of disputes through
53 specified means, including specified judicial
54 proceedings; requiring courts and administrative
55 agencies of member states to take judicial notice of
56 the compact, commission rules, and certain
57 information; providing requirements for the commission
58 and member states when a member state has defaulted in
59 its compliance with the compact; providing
60 requirements for notice to such member states and
61 other member states; providing requirements for member
62 states that fail to cure such defaults; providing
63 requirements for the termination of the compact for
64 such member states; providing requirements for member
65 states whose participation in the compact is
66 terminated; providing requirements for the commission
67 and member states relating to the resolution of
68 certain disputes; providing requirements for the
69 effectuation of the compact; providing requirements
70 for the effectuation of certain rules and bylaws on
71 member states; providing requirements for the
72 withdrawal of member states from the compact;
73 providing for construction and severability of the
74 compact; providing for the consistent application of
75 the compact in member states; providing that certain
76 agreements are binding; amending s. 1000.36, F.S.;
77 updating a cross-reference within the Interstate
78 Compact on Educational Opportunity for Military
79 Children; providing an effective date.
80
81 Be It Enacted by the Legislature of the State of Florida:
82
83 Section 1. Section 1012.993, Florida Statutes, is created
84 to read:
85 1012.993 Interstate Teacher Mobility Compact.—The Governor
86 is authorized and directed to execute the Interstate Teacher
87 Mobility Compact on behalf of this state with any other state or
88 states legally joining therein in the form substantially as
89 follows:
90
91 ARTICLE I
92 PURPOSE
93
94 The purpose of this compact is to facilitate the mobility
95 of teachers across the member states with the goal of supporting
96 teachers through a new pathway to licensure. Through this
97 compact, the member states seek to establish a collective
98 regulatory framework which expedites and enhances the ability of
99 teachers from a variety of backgrounds to move across state
100 lines. This compact is intended to achieve the following
101 objectives and should be interpreted accordingly. The member
102 states hereby ratify the same intentions by subscribing hereto:
103 (1) Create a streamlined pathway to licensure mobility for
104 teachers;
105 (2) Support the relocation of eligible military spouses;
106 (3) Facilitate and enhance the exchange of licensure,
107 investigative, and disciplinary information between the member
108 states;
109 (4) Enhance the power of state and district level education
110 officials to hire qualified, competent teachers by removing
111 barriers to the employment of out-of-state teachers;
112 (5) Support the retention of teachers in the profession by
113 removing barriers to relicensure in a new state; and
114 (6) Maintain state sovereignty in the regulation of the
115 teaching profession.
116
117 ARTICLE II
118 DEFINITIONS
119
120 As used in this compact, and except as otherwise provided,
121 the following definitions shall govern the terms herein:
122 (1) “Active military member” means any person with a full
123 time duty status in the uniformed armed services of the United
124 States, including members of the National Guard and Reserve.
125 (2) “Adverse action” means any limitation or restriction
126 imposed by a member state’s licensing authority, including the
127 revocation, suspension, reprimand, probation, or limitation on
128 the licensee’s ability to work as a teacher.
129 (3) “Bylaws” means the bylaws established by the
130 commission.
131 (4) “Career and technical education license” means a
132 current, valid authorization issued by a member state’s
133 licensing authority allowing an individual to serve as a teacher
134 in K-12 public educational settings in a specific career and
135 technical education area.
136 (5) “Commissioner” means the delegate of a member state.
137 (6) “Eligible license” means a license to engage in the
138 teaching profession which requires at least a bachelor’s degree
139 and the completion of a state approved program for teacher
140 licensure.
141 (7) “Eligible military spouse” means the spouse of any
142 individual in full-time duty status in the active uniformed
143 service of the United States, including members of the National
144 Guard and Reserve on active duty moving as a result of military
145 mission or military career progression requirements, or are on
146 their terminal move as a result of separation or retirement,
147 including surviving spouses of deceased military members.
148 (8) “Executive committee” means a group of commissioners
149 elected or appointed to act on behalf of, and within the powers
150 granted to them by, the commission as provided herein.
151 (9) “Licensing authority” means an official, agency, board,
152 or other entity of a state that is responsible for the licensing
153 and regulation of teachers authorized to teach in K-12 public
154 educational settings.
155 (10) “Member state” means any state that has adopted this
156 compact, including all agencies and officials of such a state.
157 (11) “Receiving state” means any state where a teacher has
158 applied for licensure under this compact.
159 (12) “Rule” means any regulation adopted by the commission
160 under this compact which shall have the force of law in each
161 member state.
162 (13) “State” means a state, territory, or possession of the
163 United States and the District of Columbia.
164 (14) “State practice laws” means a member state’s laws,
165 rules, and regulations that govern the teaching profession,
166 define the scope of such profession, and create the method and
167 grounds for imposing discipline.
168 (15) “Teacher” means an individual who currently holds an
169 authorization from a member state which forms the basis for
170 employment in the K-12 public schools of the state to provide
171 instruction in a specific subject area, grade level, or student
172 population.
173 (16) “Unencumbered license” means a current, valid
174 authorization issued by a member state’s licensing authority
175 allowing an individual to serve as a teacher in K-12 public
176 education settings. An unencumbered license is not a restricted,
177 probationary, provisional, substitute, or temporary credential.
178
179 ARTICLE III
180 LICENSURE UNDER THE COMPACT
181
182 (1) Licensure under this compact pertains only to the
183 initial grant of a license by the receiving state. Nothing
184 herein applies to any subsequent or ongoing compliance
185 requirements that a receiving state might require for teachers.
186 (2) Each member state shall, in accordance with rules of
187 the commission, define, compile, and update, as necessary, a
188 list of eligible licenses and career and technical education
189 licenses that the member state is willing to consider for
190 equivalency under this compact and provide the list to the
191 commission. The list shall include those licenses that a
192 receiving state is willing to grant teachers from other member
193 states, pending a determination of equivalency by the receiving
194 state’s licensing authority.
195 (3) Upon the receipt of an application for licensure by a
196 teacher holding an unencumbered license, the receiving state
197 shall determine which of the receiving state’s eligible licenses
198 the teacher is qualified to hold and shall grant such a license
199 or licenses to the applicant. Such a determination shall be made
200 in the sole discretion of the receiving state’s licensing
201 authority and may include a determination that the applicant is
202 not eligible for any of the receiving state’s licenses. For all
203 teachers who hold an unencumbered license, the receiving state
204 shall grant one or more unencumbered licenses that, in the
205 receiving state’s sole discretion, are equivalent to the license
206 held by the teacher in any other member state.
207 (4) For active duty military members and eligible military
208 spouses who hold a license that is not unencumbered, the
209 receiving state shall grant an equivalent license or licenses
210 that, in the receiving state’s sole discretion, is equivalent to
211 the license or licenses held by the teacher in any other member
212 state, except where the receiving state does not have an
213 equivalent license.
214 (5) For a teacher holding an unencumbered career and
215 technical education license, the receiving state shall grant an
216 unencumbered license equivalent to the career and technical
217 education license held by the applying teacher and issued by
218 another member state, as determined by the receiving state in
219 its sole discretion, except where a career and technical
220 education teacher does not hold a bachelor’s degree and the
221 receiving state requires a bachelor’s degree for licenses to
222 teach career and technical education. A receiving state may
223 require career and technical education teachers to meet state
224 industry recognized requirements, if required by law in the
225 receiving state.
226
227 ARTICLE IV
228 LICENSURE NOT UNDER THE COMPACT
229
230 (1) Except as provided in Article III, nothing in this
231 compact shall be construed to limit or inhibit the power of a
232 member state to regulate licensure or endorsements overseen by
233 the member state’s licensing authority.
234 (2) When a teacher is required to renew a license received
235 pursuant to this compact, the state granting such a license may
236 require the teacher to complete state-specific requirements as a
237 condition of licensure renewal or advancement in that state.
238 (3) For purposes of determining compensation, a receiving
239 state may require additional information from teachers receiving
240 a license under the provisions of this compact.
241 (4) Nothing in this compact shall be construed to limit the
242 power of a member state to control and maintain ownership of its
243 information pertaining to teachers or limit the application of a
244 member state’s laws or regulations governing the ownership, use,
245 or dissemination of information pertaining to teachers.
246 (5) Nothing in this compact shall be construed to
247 invalidate or alter any existing agreement or other cooperative
248 arrangement which a member state may already be a party to or
249 limit the ability of a member state to participate in any future
250 agreement or other cooperative arrangement to:
251 (a) Award teaching licenses or other benefits based on
252 additional professional credentials, including, but not limited
253 to, the National Board Certification;
254 (b) Participate in the exchange of names of teachers whose
255 licenses have been subject to adverse actions by a member state;
256 or
257 (c) Participate in any agreement or cooperative arrangement
258 with a nonmember state.
259
260 ARTICLE V
261 TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE UNDER THE
262 COMPACT
263
264 (1) Except as provided for active military members or
265 eligible military spouses under subsection (4) of Article III, a
266 teacher may be eligible to receive a license under this compact
267 only where that teacher holds an unencumbered license in a
268 member state.
269 (2) A teacher eligible to receive a license under this
270 compact shall, unless otherwise provided herein:
271 (a) Upon their application to receive a license under this
272 compact, undergo a criminal background check in the receiving
273 state in accordance with the laws and regulations of the
274 receiving state; and
275 (b) Provide the receiving state with information in
276 addition to the information required for licensure for the
277 purposes of determining compensation, if applicable.
278
279 ARTICLE VI
280 DISCIPLINE AND ADVERSE ACTIONS
281
282 Nothing in this compact shall be deemed or construed to
283 limit the authority of a member state to investigate or impose
284 disciplinary measures on teachers according to the state
285 practice laws thereof.
286
287 ARTICLE VII
288 ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY COMPACT
289 COMMISSION
290
291 (1) The interstate compact member states hereby create and
292 establish a joint public agency known as the Interstate Teacher
293 Mobility Compact Commission.
294 (a) The commission is a joint interstate governmental
295 agency comprised of states that have enacted the Interstate
296 Teacher Mobility Compact.
297 (b) Nothing in this compact shall be construed to be a
298 waiver of sovereign immunity.
299 (2)(a) Each member state shall have and be limited to one
300 delegate to the commission, who shall be given the title of
301 commissioner.
302 (b) The commissioner shall be the primary administrative
303 officer of the state licensing authority or their designee.
304 (c) Any commissioner may be removed or suspended from
305 office as provided by the law of the state from which the
306 commissioner is appointed.
307 (d) The member state shall fill any vacancy occurring in
308 the commission within 90 days.
309 (e) Each commissioner shall be entitled to one vote about
310 the adoption of rules and creation of bylaws and shall otherwise
311 have an opportunity to participate in the business and affairs
312 of the commission. A commissioner shall vote in person or by
313 such other means as provided in the bylaws. The bylaws may
314 provide for commissioners’ participation in meetings by
315 telephone or other means of communication.
316 (f) The commission shall meet at least once during each
317 calendar year. Additional meetings shall be held as set forth in
318 the bylaws.
319 (g) The commission shall establish by rule a term of office
320 for commissioners.
321 (3) The commission shall have the following powers and
322 duties:
323 (a) Establish a code of ethics for the commission.
324 (b) Establish a fiscal year of the commission.
325 (c) Establish bylaws for the commission.
326 (d) Maintain its financial records in accordance with the
327 bylaws of the commission.
328 (e) Meet and take such actions as are consistent with the
329 provisions of this compact, the bylaws, and rules of the
330 commission.
331 (f) Adopt uniform rules to implement and administer this
332 compact. The rules shall have the force and effect of law and
333 shall be binding in all member states. In the event the
334 commission exercises its rulemaking authority in a manner that
335 is beyond the scope of the purposes of this compact, or the
336 powers granted hereunder, then such an action by the commission
337 shall be invalid and have no force and effect of law.
338 (g) Bring and prosecute legal proceedings or actions in the
339 name of the commission, provided that the standing of any member
340 state licensing authority to sue or be sued under applicable law
341 shall not be affected.
342 (h) Purchase and maintain insurance and bonds.
343 (i) Borrow, accept, or contract for services of personnel,
344 including, but not limited to, employees of a member state or an
345 associated nongovernmental organization that is open to
346 membership by all states.
347 (j) Hire employees, elect or appoint officers, fix
348 compensation, define duties, grant such individuals appropriate
349 authority to carry out the purposes of this compact, and
350 establish the commission’s personnel policies and programs
351 relating to conflicts of interest, qualifications of personnel,
352 and other related personnel matters.
353 (k) Lease, purchase, accept appropriate gifts or donations
354 of, or otherwise own, hold, improve, or use, any property, real,
355 personal, or mixed, provided that at all times the commission
356 shall avoid any appearance of impropriety.
357 (l) Sell, convey, mortgage, pledge, lease, exchange,
358 abandon, or otherwise dispose of any property real, personal, or
359 mixed.
360 (m) Establish a budget and make expenditures.
361 (n) Borrow money.
362 (o) Appoint committees, including standing committees
363 composed of members and such other interested persons as may be
364 designated in this interstate compact, rules, or bylaws.
365 (p) Provide and receive information from, and cooperate
366 with, law enforcement agencies.
367 (q) Establish and elect an executive committee.
368 (r) Establish and develop a charter for an executive
369 information governance committee to advise on facilitating the
370 exchange of information, the use of information, data privacy,
371 and technical support needs and provide reports as needed.
372 (s) Perform such other functions as may be necessary or
373 appropriate to achieve the purposes of this compact consistent
374 with the state regulation of teacher licensure.
375 (t) Determine whether a state’s adopted language is
376 materially different from the model compact language such that
377 the state would not qualify for participation in the compact.
378 (4)(a) The executive committee shall have the power to act
379 on behalf of the commission according to the terms of this
380 compact.
381 (b) The executive committee shall be composed of eight
382 voting members as follows:
383 1. The chair of the commission.
384 2. The vice chair of the commission.
385 3. The treasurer of the commission.
386 4. Five members who are elected by the commission from the
387 current membership as follows:
388 a. Four voting members representing geographic regions in
389 accordance with commission rules.
390 b. One at-large voting member in accordance with commission
391 rules.
392 (c) The commission may add or remove members of the
393 executive committee as provided in commission rules.
394 (d) The executive committee shall meet at least once
395 annually.
396 (e) The executive committee shall have the following duties
397 and responsibilities:
398 1. Recommend to the entire commission changes to the rules
399 or bylaws, changes to the compact legislation, and fees paid by
400 interstate compact member states such as annual dues and any
401 compact fee charged by the member states on behalf of the
402 commission.
403 2. Ensure commission administration services are
404 appropriately provided, contractual or otherwise.
405 3. Prepare and recommend the budget.
406 4. Maintain financial records on behalf of the commission.
407 5. Monitor compliance of member states and provide reports
408 to the commission.
409 6. Perform other duties as provided in the rules or bylaws.
410 (5)(a) All meetings of the commission shall be open to the
411 public, and public notice of meetings shall be given in
412 accordance with commission bylaws.
413 (b) The commission shall keep minutes of commission
414 meetings and shall provide a full and accurate summary of
415 actions taken, and the reasons thereof, including a description
416 of the views expressed. All documents considered in connection
417 with an action shall be identified in such minutes.
418 (6)(a) The commission shall pay, or provide for the payment
419 of, the reasonable expenses of its establishment, organization,
420 and ongoing activities.
421 (b) The commission may accept all appropriate donations and
422 grants of money, equipment, supplies, materials, and services,
423 and receive, utilize, and dispose of the same, provided that at
424 all times the commission shall avoid any appearance of
425 impropriety or conflicts of interest.
426 (c) The commission may levy on and collect an annual
427 assessment from each member state or impose fees on other
428 parties to cover the cost of the operations and activities of
429 the commission, in accordance with the rules of the commission.
430 (d) The commission shall not incur obligations of any kind
431 prior to securing the funds adequate to meet the same; nor shall
432 the commission pledge the credit of any of the member states,
433 except by and with the authority of the member state.
434 (e) The commission shall keep accurate accounts of all
435 receipts and disbursements. The receipts and disbursements of
436 the commission shall be subject to all accounting procedures
437 established under the commission bylaws. All receipts and
438 disbursements of funds of the commission shall be reviewed
439 annually in accordance with commission bylaws, and a report of
440 the review shall be included in and become part of the annual
441 report of the commission.
442 (7)(a) The members, officers, executive director,
443 employees, and representatives of the commission shall be immune
444 from suit and liability, either personally or in their official
445 capacity, for any claim for damage to or loss of property or
446 personal injury or other civil liability caused by or arising
447 out of any actual or alleged act, error, or omission that
448 occurred or that the person against whom the claim is made had a
449 reasonable basis for believing occurred within the scope of
450 commission employment, duties, or responsibilities. Nothing in
451 this paragraph shall be construed to protect any such person
452 from suit or liability for any damage, loss, injury, or
453 liability caused by the intentional, willful, or wanton
454 misconduct of that person.
455 (b) The commission shall defend any member, officer,
456 executive director, employee, or representative of the
457 commission in any civil action seeking to impose liability
458 arising out of any actual or alleged act, error, or omission
459 that occurred within the scope of commission employment, duties,
460 or responsibilities or that the person against whom the claim is
461 made had a reasonable basis for believing occurred within the
462 scope of commission employment, duties, or responsibilities.
463 Nothing in this paragraph shall be construed to prohibit that
464 person from retaining his or her own counsel and provide further
465 that the actual or alleged act, error, or omission did not
466 result from the person’s intentional, willful, or wanton
467 misconduct.
468 (c) The commission shall indemnify and hold harmless any
469 member, officer, executive director, employee, or representative
470 of the commission for the amount of any settlement or judgement
471 obtained against that person arising out of any actual or
472 alleged act, error, or omission that occurred within the scope
473 of commission employment, duties, or responsibilities, or that
474 such person had a reasonable basis for believing occurred within
475 the scope of commission employment, duties, or responsibilities,
476 provided the actual or alleged act, error, or omission did not
477 result from the intentional, willful, or wanton misconduct of
478 that person.
479
480 ARTICLE VIII
481 RULEMAKING
482
483 (1) The commission shall exercise its rulemaking powers
484 pursuant to the criteria set forth in this compact and the rules
485 adopted thereunder. Rules and amendments shall become binding as
486 of the date specified in each rule or amendment.
487 (2) The commission shall adopt reasonable rules to achieve
488 the intent and purpose of this compact. In the event the
489 commission exercises its rulemaking authority in a manner that
490 is beyond the purpose and intent of this compact, or the powers
491 granted hereunder, then such action by the commission shall be
492 invalid and have no force and effect of law in the member
493 states.
494 (3) If a majority of the legislatures of the member states
495 rejects a rule, by enactment of a statute or resolution in the
496 same manner used to adopt this compact within 4 years of the
497 date of the adoption of the rule, then such rule shall have no
498 further force and effect in any member state.
499 (4) Rules or amendments to the rules shall be adopted or
500 ratified at a regular or special meeting of the commission in
501 accordance with the commission’s rules and bylaws.
502 (5) Upon a determination that an emergency exists, the
503 commission may consider and adopt an emergency rule with 48
504 hours’ notice, with opportunity for comment, provided the usual
505 rulemaking procedures shall be retroactively applied to the rule
506 as soon as reasonably possible, in no event later than 90 days
507 after the effective date of the rule. For the purposes of this
508 subsection, an emergency rule is one that must be adopted
509 immediately to:
510 (a) Meet an imminent threat to the public health, safety,
511 or welfare;
512 (b) Prevent a loss of commission or member state funds;
513 (c) Meet a deadline for the adoption of an administrative
514 rule that is established by federal law or rule; or
515 (d) Protect the public health or safety.
516
517 ARTICLE IX
518 FACILITATING THE EXCHANGE OF INFORMATION
519
520 (1) The commission shall provide for facilitating the
521 exchange of information to administer and implement the
522 provisions of this compact in accordance with the rules of the
523 commission, consistent with generally accepted data protection
524 principles.
525 (2) Nothing in this compact shall be deemed or construed to
526 alter, limit, or inhibit the power of a member state to control
527 and maintain ownership of its licensee information or alter,
528 limit, or inhibit the laws or regulations governing licensee
529 information in member states.
530
531 ARTICLE X
532 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
533
534 (1)(a) The executive and judicial branches of state
535 government in each member state shall enforce this compact and
536 take all actions necessary and appropriate to effectuate this
537 compact’s purpose and intent. The provisions of this compact
538 shall have standing as statutory law.
539 (b) Venue is proper and judicial proceedings by or against
540 the commission shall be brought solely and exclusively in a
541 court of competent jurisdiction where the principal office of
542 the commission is located. The commission may waive venue and
543 jurisdictional defenses to the extent it adopts or consents to
544 participate in alternative dispute resolution proceedings.
545 Nothing herein shall affect or limit the selection or propriety
546 of venue in any action against a licensee for professional
547 malpractice, misconduct, or any such similar matter.
548 (c) All courts and all administrative agencies shall take
549 judicial notice of this compact, the rules of the commission,
550 and any information provided to a member state pursuant thereto
551 in any judicial or quasi-judicial proceeding in a member state
552 pertaining to the subject matter of this compact, or which may
553 affect the powers, responsibilities, or actions of the
554 commission.
555 (d) The commission shall be entitled to receive service of
556 process in any proceeding regarding the enforcement or
557 interpretation of this compact and shall have standing to
558 intervene in such a proceeding for all purposes. Failure to
559 provide the commission service of process shall render a
560 judgement or order void as to the commission, this compact, or
561 adopted rules.
562 (2)(a) If the commission determines that a member state has
563 defaulted in the performance of its obligations or
564 responsibilities under this compact or the adopted rules, the
565 commission shall:
566 1. Provide written notice to the defaulting state and other
567 member states of the nature of the default, the proposed means
568 of curing the default, and any other action to be taken by the
569 commission; and
570 2. Provide remedial training and specific technical
571 assistance regarding the default.
572 (b) If a state in default fails to cure the default, the
573 defaulting state may be terminated from this compact upon an
574 affirmative vote of a majority of the commissioners of the
575 member states, and all rights, privileges, and benefits
576 conferred on that state by this compact may be terminated on the
577 effective date of termination. A cure of the default does not
578 relieve the offending state of obligations or liabilities
579 incurred during the period of default.
580 (c) Termination of membership in the compact shall be
581 imposed only after all other means of securing compliance have
582 been exhausted. Notice of intent to suspend or terminate shall
583 be given by the commission to the Governor, the Majority and
584 Minority Leaders of the State Legislature, and the state
585 licensing authority of the defaulting state and to each of the
586 member states.
587 (d) A state that has been terminated is responsible for all
588 assessments, obligations, and liabilities incurred through the
589 effective date of termination, including obligations that extend
590 beyond the effective date of termination.
591 (e) The commission shall not bear any costs related to a
592 state that is found to be in default or that has been terminated
593 from this compact unless agreed upon in writing between the
594 commission and the defaulting state.
595 (f) Nothing in this compact shall be construed to be a
596 waiver of sovereign immunity.
597 (g) The defaulting state may appeal the action of the
598 commission by petitioning the United States District Court for
599 the District of Columbia or the federal district where the
600 commission has its principal offices. The prevailing party shall
601 be awarded all costs of such litigation, including reasonable
602 attorney fees.
603 (h)1. Upon the request of a member state, the commission
604 shall attempt to resolve disputes related to this compact that
605 arise among member states and between member and nonmember
606 states.
607 2. The commission shall adopt a rule providing for both
608 binding and nonbinding alternative dispute resolution for
609 disputes as appropriate.
610 (i)1. The commission, in the reasonable exercise of its
611 discretion, shall enforce the provisions and rules of this
612 compact.
613 2. By a majority vote, the commission may initiate legal
614 action in the United States District Court for the District of
615 Columbia or the federal district where the commission has its
616 principal offices against a member state in default to enforce
617 compliance with the provisions of this compact and its adopted
618 rules and bylaws. The relief sought may include both injunctive
619 relief and damages. In the event judicial enforcement is
620 necessary, the prevailing party shall be awarded all costs of
621 such litigation, including reasonable attorney fees. The
622 remedies herein shall not be the exclusive remedies of the
623 commission. The commission may pursue any other remedies
624 available under federal or state law.
625
626 ARTICLE XI
627 EFFECTUATION, WITHDRAWAL, AND AMENDMENT
628
629 (1) This compact shall come into effect on the date on
630 which the compact statute is enacted into law in the tenth
631 member state.
632 (a) On or after the effective date of this compact, the
633 commission shall convene and review the enactment of each of the
634 charter member states to determine if the statute enacted by
635 such charter member state is materially different from the model
636 compact statute.
637 (b) A charter member state whose enactment is found to be
638 materially different from the model compact statute shall be
639 entitled to the default process set forth in Article X.
640 (c) Member states enacting the compact subsequent to the
641 charter member states shall be subject to the process set forth
642 in Article VII(X)(a) to determine if their enactments are
643 materially different from the model compact statute and whether
644 they qualify for participation in the compact.
645 (2) If any member state is later found to be in default, or
646 is terminated or withdraws from the compact, the commission
647 shall remain in existence and the compact shall remain in effect
648 even if the number of member states should be less than 10.
649 (3) Any state that joins this compact after the
650 commission’s initial adoption of the rules and bylaws shall be
651 subject to the rules and bylaws as they exist on the date on
652 which this compact becomes law in that state. Any rule that has
653 been previously adopted by the commission shall have the full
654 force and effect of law on the day this compact becomes law in
655 that state, as the rules and bylaws may be amended as provided
656 in this compact.
657 (4) Any member state may withdraw from this compact by
658 enacting a statute repealing the same.
659 (a) A member state’s withdrawal shall not take effect until
660 6 months after the enactment of the repealing statute.
661 (b) Withdrawal shall not affect the continuing requirement
662 of the withdrawing state’s licensing authority to comply with
663 the investigative and adverse action reporting requirements of
664 this act prior to the effective date of the withdrawal.
665 (5) This compact may be amended by member states. No
666 amendments to this compact shall become effective and binding
667 upon any member state until it is enacted into the laws of all
668 member states.
669
670 ARTICLE XII
671 CONSTRUCTION AND SEVERABILITY
672
673 This compact shall be liberally construed to effectuate the
674 purpose thereof. The provisions of this compact shall be
675 severable, and if any phrase, clause, sentence, or provision of
676 this compact is declared to be contrary to the constitution of
677 any member state or a state seeking membership in this compact
678 or the United States Constitution or the applicability thereof
679 to any other government, agency, person, or circumstance is held
680 invalid, the validity of the remainder of this compact and the
681 applicability thereof to any government, agency, person, or
682 circumstance shall not be effected. If this compact shall be
683 held contrary to the Constitution of any member state, this
684 compact shall remain in full force and effect as to the
685 remaining member states and in full force and effect as to the
686 member state affected as to all severable matters.
687
688 ARTICLE XIII
689 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
690
691 (1) Nothing herein shall prevent or inhibit the enforcement
692 of any other law of a member state that is not inconsistent with
693 this compact.
694 (2) Any laws, statutes, regulations, or other legal
695 requirements in a member state in conflict with this compact are
696 superseded to the extent of the conflict.
697 (3) All permissible agreements between the commission and
698 the member states are binding in accordance with their terms.
699 Section 2. Articles II and III of section 1000.36, Florida
700 Statutes, are amended to read:
701 1000.36 Interstate Compact on Educational Opportunity for
702 Military Children.—The Governor is authorized and directed to
703 execute the Interstate Compact on Educational Opportunity for
704 Military Children on behalf of this state with any other state
705 or states legally joining therein in the form substantially as
706 follows:
707 Interstate Compact on Educational
708 Opportunity for Military Children
709 ARTICLE II
710 DEFINITIONS.—As used in this compact, unless the context
711 clearly requires a different construction, the term:
712 A. “Active duty” means the full-time duty status in the
713 active uniformed service of the United States, including members
714 of the National Guard and Reserve on active duty orders pursuant
715 to 10 U.S.C. chapters 1209 and 1211 10 U.S.C. ss. 1209 and 1211.
716 B. “Children of military families” means school-aged
717 children, enrolled in kindergarten through 12th grade, in the
718 household of an active-duty member.
719 C. “Compact commissioner” means the voting representative
720 of each compacting state appointed under Article VIII of this
721 compact.
722 D. “Deployment” means the period 1 month before the
723 servicemembers’ departure from their home station on military
724 orders through 6 months after return to their home station.
725 E. “Educational records” or “education records” means those
726 official records, files, and data directly related to a student
727 and maintained by the school or local education agency,
728 including, but not limited to, records encompassing all the
729 material kept in the student’s cumulative folder such as general
730 identifying data, records of attendance and of academic work
731 completed, records of achievement and results of evaluative
732 tests, health data, disciplinary status, test protocols, and
733 individualized education programs.
734 F. “Extracurricular activities” means a voluntary activity
735 sponsored by the school or local education agency or an
736 organization sanctioned by the local education agency.
737 Extracurricular activities include, but are not limited to,
738 preparation for and involvement in public performances,
739 contests, athletic competitions, demonstrations, displays, and
740 club activities.
741 G. “Interstate Commission on Educational Opportunity for
742 Military Children” means the commission that is created under
743 Article IX of this compact, which is generally referred to as
744 the Interstate Commission.
745 H. “Local education agency” means a public authority
746 legally constituted by the state as an administrative agency to
747 provide control of, and direction for, kindergarten through 12th
748 grade public educational institutions.
749 I. “Member state” means a state that has enacted this
750 compact.
751 J. “Military installation” means a base, camp, post,
752 station, yard, center, homeport facility for any ship, or other
753 activity under the jurisdiction of the Department of Defense,
754 including any leased facility, which is located within any of
755 the several states, the District of Columbia, the Commonwealth
756 of Puerto Rico, the United States Virgin Islands, Guam, American
757 Samoa, the Northern Mariana Islands, and any other United States
758 Territory. The term does not include any facility used primarily
759 for civil works, rivers and harbors projects, or flood control
760 projects.
761 K. “Nonmember state” means a state that has not enacted
762 this compact.
763 L. “Receiving state” means the state to which a child of a
764 military family is sent, brought, or caused to be sent or
765 brought.
766 M. “Rule” means a written statement by the Interstate
767 Commission adopted under Article XII of this compact which is of
768 general applicability, implements, interprets, or prescribes a
769 policy or provision of the compact, or an organizational,
770 procedural, or practice requirement of the Interstate
771 Commission, and has the force and effect of statutory law in a
772 member state, and includes the amendment, repeal, or suspension
773 of an existing rule.
774 N. “Sending state” means the state from which a child of a
775 military family is sent, brought, or caused to be sent or
776 brought.
777 O. “State” means a state of the United States, the District
778 of Columbia, the Commonwealth of Puerto Rico, the United States
779 Virgin Islands, Guam, American Samoa, the Northern Mariana
780 Islands, and any other United States Territory.
781 P. “Student” means the child of a military family for whom
782 the local education agency receives public funding and who is
783 formally enrolled in kindergarten through 12th grade.
784 Q. “Transition” means:
785 1. The formal and physical process of transferring from
786 school to school; or
787 2. The period of time in which a student moves from one
788 school in the sending state to another school in the receiving
789 state.
790 R. “Uniformed services” means the Army, Navy, Air Force,
791 Space Force, Marine Corps, Coast Guard as well as the
792 Commissioned Corps of the National Oceanic and Atmospheric
793 Administration, and Public Health Services.
794 S. “Veteran” means a person who served in the uniformed
795 services and who was discharged or released therefrom under
796 conditions other than dishonorable.
797 ARTICLE III
798 APPLICABILITY.—
799 A. Except as otherwise provided in Section C, this compact
800 applies to the children of:
801 1. Active duty members of the uniformed services, including
802 members of the National Guard and Reserve on active-duty orders
803 pursuant to 10 U.S.C. chapters 1209 and 1211 10 U.S.C. ss. 1209
804 and 1211;
805 2. Members or veterans of the uniformed services who are
806 severely injured and medically discharged or retired for a
807 period of 1 year after medical discharge or retirement; and
808 3. Members of the uniformed services who die on active duty
809 or as a result of injuries sustained on active duty for a period
810 of 1 year after death.
811 B. This interstate compact applies to local education
812 agencies.
813 C. This compact does not apply to the children of:
814 1. Inactive members of the National Guard and military
815 reserves;
816 2. Members of the uniformed services now retired, except as
817 provided in Section A;
818 3. Veterans of the uniformed services, except as provided
819 in Section A; and
820 4. Other United States Department of Defense personnel and
821 other federal agency civilian and contract employees not defined
822 as active-duty members of the uniformed services.
823 Section 3. This act shall take effect July 1, 2023.
