N.Y. Education Law § 3309: Interstate commission on educational opportunity for military children

§ 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.