§ 3309. 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:

1. Be a body corporate and joint agency of the member states and shall
have all the responsibilities, powers and duties set forth herein.

2. Consist of one interstate commission voting representative from
each member state who shall be that state's compact commissioner.

(a) Each member state represented at a meeting of the interstate
commission is entitled to one vote.

(b) 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.

(c) 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.

(d) The bylaws may provide for meetings of the interstate commission
to be conducted by telecommunication or electronic communication.

3. Consist of ex-officio, non-voting representatives who are members
of interested organizations. Such ex-officio members, as defined in the
bylaws, may include but not be limited to, members of the representative
organizations of military family advocates, local educational agency
officials, parent and teacher groups, the United States 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.

4. 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.

5. 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
United States department of defense, shall serve as an ex-officio,
non-voting member of the executive committee.

6. 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.

7. Give public notice of all meetings and all meetings shall be open
to the public, except as set forth in the rules or as otherwise provided
in the compact. The interstate commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that
an open meeting would be likely to:

(a) Relate solely to the interstate commission's internal personnel
practices and procedures;

(b) Disclose matters specifically exempted from disclosure by federal
and state statute;

(c) Disclose trade secrets or commercial or financial information
which is privileged or confidential;

(d) Involve accusing a person of a crime, or formally censuring a
person;

(e) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

(f) Disclose investigative records compiled for law enforcement
purposes; or

(g) Specifically relate to the interstate commission's participation
in a civil action or other legal proceeding.

8. Shall cause its legal counsel or designee to certify that a meeting
may be closed and shall reference each relevant exemptible provision for
any meeting, or portion of a meeting, which is closed pursuant to this
provision. The interstate commission shall keep minutes which shall
fully and clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the reasons
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.

9. 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, and shall in all cases be consistent
with all applicable privacy laws.

10. 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 educational agency. This section shall
not be construed to create a private right of action against the
interstate commission or any member state.