Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article IX - Interstate Commission on Educational Opportunity for Military Children

Current through Register Vol. 54, No. 28, July 13, 2024
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:
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.
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 the state for a specified
				meeting.
4. The bylaws may provide
				for meetings of the Interstate Commission to be conducted by telecommunication
				or electronic communication.
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 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.
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.
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.
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.
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:
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.
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 therefore, 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.
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.
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 or a
				  political subdivision of a member state.