§ 49–1101.09. Interstate Commission on Educational Opportunity for Military Children.

(a) 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.

(b) 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 in this chapter, 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;

(2) Consist of one Interstate Commission voting representative from each member state who shall be that state’s compact commissioner;

(3) Consist of ex-officio, non-voting representatives who are members of interested organizations, which, as defined in the bylaws, may include members of:

(A) The representative organizations of military family advocates;

(B) Local education agency officials;

(D) The U.S. Department of Defense;

(E) The Education Commission of the States;

(F) The Interstate Agreement on Qualification of Educational Personnel; and

(G) Other interstate compacts affecting the education of children of military members;

(4) Meet at least once each calendar year; provided, that 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, which 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 and whose members shall:

(A) Include the officers of the Interstate Commission, and such other members of the Interstate Commission as determined by the bylaws, and a delegate of the U.S. Department of Defense, who shall serve as an ex-officio, nonvoting member;

(B) Serve a one-year term and be entitled to one vote each; and

(C) 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 considered necessary;

(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; provided, that it 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 conduct all meetings open to the public, except as set forth in the rules or as otherwise provided in the compact; provided, that the Interstate Commission and its committees may close a meeting, or a portion thereof, when 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;

(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) 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, that is closed pursuant to this provision;

(9) Keep minutes that shall fully and clearly describe all matters discussed in the meeting and shall provide a full and accurate summary of actions taken, and the reasons for those actions, including a description of the views expressed, the record of a roll-call vote, and the identification of all documents considered in connection with an action; provided, that all minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission;

(10) 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; provided, that the methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and be in coordination its information functions with the appropriate custodian of records as identified in the bylaws and rules; and

(11) 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.

(c)(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. If the compact commissioner is unable to attend a meeting of the Interstate Commission, the Mayor or the Council of the District of Columbia may delegate voting authority to another person from the District of Columbia for a specified meeting.

(4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

(d) This section shall not be construed to create a private right of action against the Interstate Commission or any member state.