SB 146 — EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

Except as otherwise provided in Subsection B of .229784.1 - 6 - this article, the Interstate Compact on Educational Opportunity for Military Children shall apply to the children of:

SB 146 Page 6 (1) active duty members of the uniformed services, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C.

[Sections] Chapters 1209 and 1211;

e t 17 C.

The provisions of the Interstate Compact on w l n d 18 Educational Opportunity for Military Children shall not apply = = 19 a l to the children of:

i a e r 20 (1) inactive members of the national guard and a t m m 21 military reserves;

d r e 22 (2) members of the uniformed services now c e s k 23 retired, except as provided in Subsection A of this article;

e a n b 24 (3) veterans of the uniformed services, except u [ as provided in Subsection A of this article;

and .229784.1 - 7 - (4) other United States department of SB 146 Page 7 defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

e t 17 B.

Simultaneous with the enrollment and conditional w l n d 18 placement of the student, the school in the receiving state = = 19 a l shall request the student's official education record from the i a e r 20 school in the sending state.

Upon receipt of this request, the a t m m 21 school in the sending state shall process and furnish the d r e 22 official education records to the school in the receiving state c e s k 23 within ten days or within such time as is reasonably determined e a n b 24 under the rules promulgated by the interstate commission.

uSB [146 Page 8 C.

Compacting states shall give thirty days from .229784.1 - 8 - 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 immunizations required by the receiving state.

A student transferring after the e t 17 start of the school year in the receiving state shall enter the w l n d 18 school in the receiving state on the student's validated level = = 19 a l from an accredited school in the sending state.

i a e r 20 ARTICLE 5 a t m m 21 PLACEMENT AND ATTENDANCE d r e 22 A.

When a student transfers before or during the c e s k 23 school year, the receiving state school shall initially honor eSB a146 nPage b9 24 placement of the student in educational courses based on the u [ student's enrollment in the sending state school or educational .229784.1 - 9 - assessments conducted at the school in the sending state if the courses are offered.

Such programs include gifted and talented e t 17 programs and English as a second language.

This subsection w l n d 18 does not preclude the school in the receiving state from = = 19 a l performing subsequent evaluations to ensure appropriate i a e r 20 placement of the student.

a t m m 21 C.

In compliance with the federal requirements of d r e 22 the Individuals with Disabilities Education Act, 20 U.S.C.

c e s k 23 Section 1400 et seq., the receiving state shall initially eSB a146 nPage b10 24 provide comparable services to a student with disabilities u [ based on the student's current individualized education .229784.1 - 10 - program.

A student whose parent or legal guardian is an e t 17 active duty member of the uniformed services and has been w l n d 18 called to duty for, is on leave from or has immediately = = 19 a l returned from deployment to a combat zone or combat support i a e r 20 posting shall be granted additional excused absences, at the a t m m 21 discretion of the local education agency superintendent, to d r e 22 visit with the student's parent or legal guardian.

c e s k 23 ARTICLE 6 eSB a146 nPage b11 24 ELIGIBILITY u [ A.

Special power of attorney, relative to the .229784.1 - 11 - 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.

State and local education agencies shall e t 17 facilitate the opportunity for transitioning military w l n d 18 children's inclusion in extracurricular activities, regardless = = 19 a l of application deadlines, to the extent they are otherwise i a e r 20 qualified.

a t m m 21 ARTICLE 7 d r e 22 GRADUATION c e s k 23 In order to facilitate the on-time graduation of childrenSB e146 aPage n12 bchildren 24 of military families, states and local education agencies shall u [ incorporate the following procedures:

.229784.1 - 12 - A.

receiving states shall accept exit or end-of-end-of-course course exams required for graduation from the sending state, national norm-referenced achievement tests or alternative testing in lieu of testing requirements for graduation in the receiving state.

In the event the alternatives in this subsection and Subsection A of this article cannot be accommodated by the receiving state for a student transferring e t 17 in the student's senior year, then the provisions of Subsection w l n d 18 C of this article shall apply;

and = = 19 a l C.

if a military student transferring at the i a e r 20 beginning of or during the military student's senior year is a t m m 21 ineligible to graduate from the receiving local education d r e 22 agency after all alternatives have been considered, the sending c e s k 23 and receiving local education agencies shall ensure theSB receipt146 ePage a13 nthe breceipt 24 of a diploma from the sending local education agency if the u [ student meets the graduation requirements of the sending local .229784.1 - 13 - education agency.

While each member state may determine the membership of its own state council, its e t 17 membership must include:

the secretary of public education, w l n d 18 the superintendent of a school district with a high = = 19 a l concentration of military children, one representative from a i a e r 20 military installation, one representative from the executive a t m m 21 branch of government and other offices and stakeholder groups d r e 22 the state council deems appropriate.

A member state that does cnot ehave sSB k146 23Page not14 have a school district deemed to contain a high e a n b 24 concentration of military children may appoint a superintendent u [ from another school district to represent local education .229784.1 - 14 - agencies on the state council.

The compact commissioner and the military family education liaison designated in this article shall be ex-ex-officio officio nonvoting members of the state council, unless either is already a full voting member of the state council.

ARTICLE 9 e t 17 INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY w l n d 18 CHILDREN = = 19 a l The member states hereby create the "interstate commission i a e r 20 on educational opportunity for military children".

The a t m m 21 activities of the interstate commission are the formation of d r e 22 public policy and are a discretionary state function.

The cSB e146 sPage k15 23 interstate commission shall:

e a n b 24 A.

be a body corporate and joint agency of the u [ member states and shall have all the responsibilities, powers .229784.1 - 15 - and duties set forth in the Interstate Compact on Educational Opportunity for Military Children 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 that compact;

In the event the compact commissioner is unable to attend a meeting of the interstate commission, the e t 17 governor or state council may delegate voting authority to w l n d 18 another person from the person's state for a specified meeting.

= = 19 a l (4) The bylaws may provide for meetings of the i a e r 20 interstate commission to be conducted by telecommunication or a t m m 21 electronic communication;

dSB r146 ePage 2216 C.

consist of ex-officio nonvoting representatives c e s k 23 who are members of interested organizations.

The ex-officio e a n b 24 members, as defined in the bylaws, may include members of the u [ representative organizations of military family advocates, .229784.1 - 16 - local education agency officials, parent and teacher groups, the United States department of defense, the education commission of the states, the interstate agreement on qualification of educational personnel and other interstate compacts affecting the education of children of military members;

The executive committee shall have e t 17 the power to act on behalf of the interstate commission, with w l n d 18 the exception of rulemaking, during periods when the interstate = = 19 a l commission is not in session.

The executive committee shall i a e r 20 oversee the day-to-day activities of the administration of the acompact, tincluding menforcement mSB 21146 compact,Page including17 enforcement and compliance with the d r e 22 provisions of the compact, its bylaws and rules and other such c e s k 23 duties as deemed necessary.

The United States department of e a n b 24 defense shall serve as an ex-officio nonvoting member of the u [ executive committee;

.229784.1 - 17 - F.

e t 17 (2) disclose matters specifically exempted w l n d 18 from disclosure by federal and state statute;

= = 19 a l (3) disclose trade secrets or commercial or i a e r 20 financial information that is privileged or confidential;

a t m m 21 (4) involve accusing a person of a crime or dSB r146 ePage 2218 formally censuring a person;

c e s k 23 (5) disclose information of a personal nature e a n b 24 if the disclosure would constitute a clearly unwarranted u [ invasion of personal privacy;

.229784.1 - 18 - (6) disclose investigative records compiled for law enforcement purposes;

All minutes and documents of a closed meeting shall remain e t 17 under seal, subject to release by a majority vote of the w l n d 18 interstate commission;

= = 19 a l I.

collect standardized data concerning the i a e r 20 educational transition of the children of military families a t m m 21 under the Interstate Compact on Educational Opportunity for dSB r146 ePage 2219 Military Children as directed through its rules, which shall c e s k 23 specify the data to be collected, the means of collection and e a n b 24 data exchange and reporting requirements.

The methods of data u [ collection, exchange and reporting shall, insofar as is .229784.1 - 19 - reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules;

provide for dispute resolution among member e t 17 states;

w l n d 18 B.

promulgate rules and take all necessary actions = = 19 a l to effect the goals, purposes and obligations as enumerated inSB i146 aPage e r 20 in the Interstate Compact on Educational Opportunity for Military a t m m 21 Children.

The rules shall be binding in the compact states to d r e 22 the extent and in the manner provided in that compact;

c e s k 23 C.

issue, upon request of a member state, advisory e a n b 24 opinions concerning the meaning or interpretation of the u [ interstate compact and its bylaws, rules and actions;

.229784.1 - 20 - D.

elect or appoint officers, attorneys, employees, e t 17 agents or consultants and fix their compensation, define their w l n d 18 duties and determine their qualifications;

=SB =146 19Page a21 l J.

establish the interstate commission's personnel i a e r 20 policies and programs relating to conflicts of interest, rates a t m m 21 of compensation and qualifications of personnel;

d r e 22 K.

accept donations and grants of money, equipment, c e s k 23 supplies, materials and services and receive, use and dispose e a n b 24 of them;

u [ L.

lease, purchase, accept contributions or .229784.1 - 21 - donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed;

coordinate education, training and public awareness regarding the Interstate Compact on Educational e t 17 Opportunity for Military Children, its implementation and w l n d 18 operation for officials and parents involved in such SB 146 Page 22 activity;

= = 19 a l R.

establish uniform standards for the reporting, i a e r 20 collecting and exchanging of data;

a t m m 21 S.

maintain corporate books and records in d r e 22 accordance with the bylaws;

c e s k 23 T.

perform such functions as may be necessary or e a n b 24 appropriate to achieve the purposes of the Interstate Compact u [ on Educational Opportunity for Military Children;

and .229784.1 - 22 - U.

e t 17 (3) providing for the establishment of wSB l146 nPage d23 18 committees and for governing any general or specific delegation = = 19 a l of authority or function of the interstate commission;

i a e r 20 (4) providing reasonable procedures for a t m m 21 calling and conducting meetings of the interstate commission d r e 22 and ensuring reasonable notice of each meeting;

c e s k 23 (5) establishing the titles and e a n b 24 responsibilities of the officers and staff of the interstate u [ commission;

.229784.1 - 23 - (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 that compact after paying and reserving all of its debts and obligations;

The officers so elected shall serve without compensation or remuneration from the interstate commission, providedSB that,146 ePage t24 17provided that, subject to the availability of budgeted funds, the officers w l n d 18 shall be reimbursed for ordinary and necessary costs and = = 19 a l expenses incurred by them in the performance of their i a e r 20 responsibilities as officers of the interstate commission.

a t m m 21 C.

The executive committee shall have such d r e 22 authority and duties as may be set forth in the bylaws, c e s k 23 including:

e a n b 24 (1) managing the affairs of the interstate u [ commission in a manner consistent with the bylaws and purposes .229784.1 - 24 - of the interstate commission;

The executive director SB 146 Page 25 shall serve as secretary to the interstate commission but shall not e t 17 be a member of the interstate commission.

The executive w l n d 18 director shall hire and supervise such other persons as may be = = 19 a l authorized by the interstate commission.

i a e r 20 E.

The interstate commission shall defend the a t m m 21 executive director and its employees and, subject to the d r e 22 approval of the attorney general or other appropriate legal c e s k 23 counsel of the member state represented by an interstate e a n b 24 commission representative, shall defend the interstate u [ commission representative in any civil action seeking to impose .229784.1 - 25 - 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 the person.

If the interstate SB 146 Page 26 commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of that compact, or the e t 17 powers granted under that compact, then such an action by the w l n d 18 interstate commission shall be invalid and have no force or = = 19 a l effect.

i a e r 20 B.

Rules shall be made pursuant to a rulemaking a t m m 21 process that substantially conforms to the "Model State d r e 22 Administrative Procedure Act" (1981), Uniform Laws Annotated, c e s k 23 Vol.

15, p.1 (2000) as amended, as may be appropriate to the e a n b 24 operations of the interstate commission.

u [ C.

Not later than thirty days after the date a rule .229784.1 - 26 - is promulgated, any person may file a petition for judicial review of the rule, provided that the filing of the 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.

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 Interstate Compact on Educational Opportunity for Military Children, then the rule shall have no further force and effect in any SB 146 Page 27 compacting state.

ARTICLE 13 e t 17 OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION w l n d 18 A.

All courts shall take judicial notice of the = = 19 a l Interstate Compact on Educational Opportunity for Military i a e r 20 Children and the rules promulgated under that compact in any a t m m 21 judicial or administrative proceeding in a member state d r e 22 pertaining to the subject matter of that compact that may c e s k 23 affect the powers, responsibilities or actions of the e a n b 24 interstate commission.

u [ B.

The interstate commission shall be entitled to .229784.1 - 27 - receive all service of process in any proceeding provided in Subsection A of this article and shall have standing to intervene in the proceeding for all purposes.

and SB 146 Page 28 (2) provide remedial training and specific technical assistance regarding the default.

e t 17 D.

If the defaulting state fails to cure the w l n d 18 default, the defaulting state shall be terminated from the = = 19 a l Interstate Compact on Educational Opportunity for Military i a e r 20 Children upon an affirmative vote of a majority of the member a t m m 21 states, and all rights, privileges and benefits conferred by d r e 22 that compact shall be terminated from the effective date of c e s k 23 termination.

A cure of the default does not relieve the e a n b 24 offending state of obligations or liabilities incurred during u [ the period of the default.

.229784.1 - 28 - E.

SB 146 Page 29 G.

The interstate commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the e t 17 Interstate Compact on Educational Opportunity for Military w l n d 18 Children unless otherwise mutually agreed upon in writing = = 19 a l between the interstate commission and the defaulting state.

i a e r 20 H.

The defaulting state may appeal the action of a t m m 21 the interstate commission by petitioning the United States d r e 22 district court for the District of Columbia or the federal c e s k 23 district where the interstate commission has its principal e a n b 24 offices.

u [ I.

The interstate commission shall attempt, upon .229784.1 - 29 - the request of a member state, to resolve disputes that are subject to the Interstate Compact on Educational Opportunity for Military Children and that may arise among member states and between member and non-member states.

The interstate commission may, by majority vote of the members, initiate legal action to enforce compliance SB 146 Page 30 with the provisions of the Interstate Compact on Educational Opportunity for Military Children and its promulgated rules and bylaws against a member state in default.

The venue for the e t 17 action shall be consistent with the determination in other w l n d 18 interstate compacts to which the state of New Mexico is a = = 19 a l member under the laws of the state of New Mexico.

i a e r 20 M.

The remedies in the Interstate Compact on a t m m 21 Educational Opportunity for Military Children shall not be the d r e 22 exclusive remedies of the interstate commission.

The c e s k 23 interstate commission may avail itself of any other remedies e a n b 24 available under state law or under the regulation of a u [ profession.

.229784.1 - 30 - ARTICLE 14 FINANCING OF THE INTERSTATE COMMISSION A.

The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall SB 146 Page 31 promulgate a rule binding upon all member states.

The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to e t 17 meet the obligations;

nor shall the interstate commission w l n d 18 pledge the credit of any of the member states, except by and = = 19 a l with the authority of the member state.

i a e r 20 D.

The interstate commission shall keep accurate a t m m 21 accounts of all receipts and disbursements.

The receipts and d r e 22 disbursements of the interstate commission shall be subject to c e s k 23 the audit and accounting procedures established under its e a n b 24 bylaws.

However, all receipts and disbursements of funds u [ handled by the interstate commission shall be audited yearly by .229784.1 - 31 - 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.

The SB 146 Page 32 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 that e t 17 compact by all states.

w l n d 18 C.

The interstate commission may propose amendments = = 19 a l to the Interstate Compact on Educational Opportunity for i a e r 20 Military Children for enactment by the member states.

No a t m m 21 amendment shall become effective and binding upon the d r e 22 interstate commission and the member states unless and until it c e s k 23 is enacted into law by unanimous consent of the member states.

e a n b 24 ARTICLE 16 u [ WITHDRAWAL AND DISSOLUTION .229784.1 - 32 - A.

The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing the Interstate Compact SB 146 Page 33 on Educational Opportunity for Military Children in the withdrawing state.

e t 17 D.

The withdrawing state is responsible for all w l n d 18 assessments, obligations and liabilities incurred on its behalf = = 19 a l through the effective date of withdrawal, including obligations i a e r 20 the performance of which extends beyond the effective date of a t m m 21 withdrawal.

d r e 22 E.

Reinstatement following withdrawal of a member c e s k 23 state shall occur upon the withdrawing state reenacting the e a n b 24 Interstate Compact on Educational Opportunity for Military u [ Children or upon such later date as determined by the .229784.1 - 33 - interstate commission.

SB 146 Page 34 ARTICLE 17 SEVERABILITY AND CONSTRUCTION A.

The provisions of the Interstate Compact on Educational Opportunity for Military Children shall be severable, and if any phrase, clause, sentence or provision is e t 17 deemed unenforceable, the remaining provisions of that compact w l n d 18 shall be enforceable.

= = 19 a l B.

The provisions of the Interstate Compact on i a e r 20 Educational Opportunity for Military Children shall be a t m m 21 liberally construed to effectuate its purposes.

d r e 22 C.

Nothing in the Interstate Compact on Educational c e s k 23 Opportunity for Military Children shall be construed to e a n b 24 prohibit the applicability of other interstate compacts to u [ which the states are members.

.229784.1 - 34 - ARTICLE 18 BINDING EFFECT OF COMPACT AND OTHER LAWS A.

SB 146 Page 35 D.

In the event any provision of the Interstate Compact on Educational Opportunity for Military Children 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 e t 17 question in that member state."state."." wSB l146 nPage d36 188 -25 35 - = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229784.1