256H.1 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.
256H.1 INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY
FOR MILITARY CHILDREN.
The interstate compact on educational opportunity for military
children is enacted into law and entered into by this state with any
other state or jurisdiction legally joining the compact in the form
substantially as follows:
1. Article I -- Purpose. It is the purpose of this compact
to remove barriers to educational success imposed on children of
military families because of frequent moves and deployment of their
parents by:
a. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due
to difficulty in the transfer of education records from the previous
school district or variations in entrance and age requirements.
b. Facilitating the student placement process through which
children of military families are not disadvantaged by variations in
attendance requirements, scheduling, sequencing, grading, course
content, or assessment.
c. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in
extracurricular academic, athletic, and social activities.
d. Facilitating the on-time graduation of children of
military families.
e. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact.
f. Providing for the uniform collection and sharing of
information between and among member states, schools, and military
families under this compact.
g. Promoting coordination between this compact and other
compacts affecting military children.
h. Promoting flexibility and cooperation between the
educational system, parents, and the student in order to achieve
educational success for the student.
2. Article II -- Definitions. As used in this compact,
unless the context clearly requires a different construction:
a. "Active duty" means full-time duty status in the active
uniformed service of the United States, including members of the
national guard and reserve on active duty orders pursuant to 10
U.S.C. § 1209 and 1211.
b. "Children of military families" means a school-aged child,
enrolled in kindergarten through twelfth grade, in the household of
an active duty member.
c. "Compact commissioner" means the voting representative of
each compacting state appointed pursuant to article VIII of this
compact.
d. "Deployment" means the period one month prior to the
service members' departure from their home station on military orders
through six months after return to their home station.
e. "Education records" or "educational records" means
those official records, files, and data directly related to a student
and maintained by the school or local education agency, including but
not limited to records encompassing all the material kept in the
student's cumulative folder such as general identifying data, records
of attendance and of academic work completed, records of achievement
and results of evaluative tests, health data, disciplinary status,
test protocols, and individualized education programs.
f. "Extracurricular activities" means a voluntary activity
sponsored by the school or local education agency or an organization
sanctioned by the local education agency. Extracurricular activities
include but are not limited to preparation for and involvement in
public performances, contests, athletic competitions, demonstrations,
displays, and club activities.
g. "Interstate commission" means the commission on
educational opportunity for military children that is created under
article IX of this compact.
h. "Local education agency" means a public authority legally
constituted by the state as an administrative agency to provide
control of and direction for kindergarten through twelfth grade
public educational institutions.
i. "Member state" means a state that has enacted this
compact.
j. "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States department of defense,
including any leased facility, which is located within any state.
Such term does not include any facility used primarily for civil
works, rivers and harbors projects, or flood control projects.
k. "Nonmember state" means a state that has not enacted this
compact.
l. "Receiving state" means the state to which a child of a
military family is sent, brought, or caused to be sent or brought.
m. "Rule" means a written statement by the interstate
commission promulgated pursuant to article XII of this compact that
is of general applicability, implements, interprets, or prescribes a
policy or provision of the compact, or an organizational, procedural,
or practice requirement of the interstate commission, and has the
force and effect of statutory law in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
n. "Sending state" means the state from which a child of a
military family is sent, brought, or caused to be sent or brought.
o. "State" means the same as defined in section 4.1.
p. "Student" means the child of a military family for whom
the local education agency receives public funding and who is
formally enrolled in kindergarten through twelfth grade.
q. "Transition" means the formal and physical process of
transferring from school to school or the period of time in which a
student moves from one school in the sending state to another school
in the receiving state.
r. "Uniformed service" means the army, navy, air force,
marine corps, coast guard, commissioned corps of the national oceanic
and atmospheric administration, or commissioned corps of the public
health services.
s. "Veteran" means a person who served in the uniformed
services and who was discharged or released therefrom under
conditions other than dishonorable.
3. Article III -- Applicability.
a. Except as otherwise provided in paragraph "b", this
compact shall apply to the children of:
(1) Active duty members of the uniformed services as defined in
this compact, including members of the national guard and reserve on
active duty orders pursuant to 10 U.S.C. § 1209 and 1211.
(2) Members or veterans of the uniformed services who are
severely injured and medically discharged or retired for a period of
one year after medical discharge or retirement.
(3) Members of the uniformed services who die on active duty or
as a result of injuries sustained on active duty for a period of one
year after death.
b. The provisions of this interstate compact shall only apply
to local education agencies as defined in this compact.
c. The provisions of this compact shall not apply to the
children of any of the following:
(1) Inactive members of the national guard and military reserves.
(2) Members of the uniformed services now retired, except as
provided in paragraph "a".
(3) Veterans of the uniformed services, except as provided in
paragraph "a".
(4) Other United States department of defense personnel and other
federal agency civilian and contract employees not defined as active
duty members of the uniformed services.
4. Article IV -- Educational records and enrollment.
a. Unofficial or hand-carried education records. In the
event that official education records cannot be released to the
parents for the purpose of transfer, the custodian of the records in
the sending state shall prepare and furnish to the parent a complete
set of unofficial educational records containing uniform information
as determined by the interstate commission. Upon receipt of the
unofficial education records by a school in the receiving state, the
school shall enroll and appropriately place the student based on the
information provided in the unofficial records pending validation by
the official records, as quickly as possible.
b. Official education records or transcripts. Simultaneous
with the enrollment and conditional placement of the student, the
school in the receiving state shall request the student's official
education record from the school in the sending state. Upon receipt
of this request, the school in the sending state will process and
furnish the official education records to the school in the receiving
state within ten days or within such time as is reasonably determined
under the rules promulgated by the interstate commission.
c. Immunizations. Compacting states shall give students
thirty days from the date of enrollment or such time as is reasonably
determined under the rules promulgated by the interstate commission,
to obtain any immunization required by the receiving state. For a
series of immunizations, initial vaccinations must be obtained within
thirty days or within such time as is reasonably determined under the
rules promulgated by the interstate commission.
d. Kindergarten and first grade entrance age. Students shall
be allowed to continue their enrollment at grade level in the
receiving state commensurate with their grade level, including
kindergarten, from a local education agency in the sending state at
the time of transition, regardless of age. A student who has
satisfactorily completed the prerequisite grade level in the local
education agency in the sending state shall be eligible for
enrollment in the next highest grade level in the receiving state,
regardless of age. A student transferring after the start of the
school year in the receiving state shall enter the school in the
receiving state on the student's validated level from an accredited
school in the sending state.
5. Article V -- Placement and attendance.
a. Course placement. When the student transfers before or
during the school year, the receiving state school shall initially
honor placement of the student in educational courses based on the
student's enrollment in the sending state school or educational
assessments conducted at the school in the sending state if the
courses are offered, or both. Course placement includes but is not
limited to honors, international baccalaureate, advanced placement,
vocational, technical, and career pathways courses. Continuing the
student's academic program from the previous school and promoting
placement in academically and career challenging courses should be
paramount when considering placement. This does not preclude the
school in the receiving state from performing subsequent evaluations
to ensure appropriate placement and continued enrollment of the
student in the course.
b. Educational program placement. The receiving state school
shall initially honor placement of the student in educational
programs based on current educational assessments conducted at the
school in the sending state or participation and placement in like
programs in the sending state. Such programs include but are not
limited to gifted and talented programs and English as a second
language programs. This does not preclude the school in the
receiving state from performing subsequent evaluations to ensure
appropriate placement of the student.
c. Special education services. In compliance with the
federal requirements of the Individuals with Disabilities Education
Act, 20 U.S.C. § 1400 et seq., the receiving state shall initially
provide comparable services to a student with disabilities based on
the student's current individualized education program; and, in
compliance with the requirements of section 504 of the Rehabilitation
Act, 29 U.S.C. § 794, and with Tit. II of the Americans with
Disabilities Act, 42 U.S.C. § 12131-12165, the receiving state shall
make reasonable accommodations and modifications to address the needs
of incoming students with disabilities, subject to an existing
section 504 or Tit. II plan, to provide the student with equal access
to education. This does not preclude the school in the receiving
state from performing subsequent evaluations to ensure appropriate
placement of the student.
d. Placement flexibility. Local education agency
administrative officials shall have flexibility in waiving course and
program prerequisites, or other preconditions for placement in
courses and programs offered under the jurisdiction of the local
education agency.
e. Absence as related to deployment activities. A student
whose parent or legal guardian is an active duty member of the
uniformed services, as defined by this compact, and has been called
to duty for, is on leave from, or immediately returned from
deployment to a combat zone or combat support posting, shall be
granted additional excused absences at the discretion of the local
education agency superintendent to visit with the student's parent or
legal guardian relative to such leave or deployment of the parent or
guardian.
6. Article VI -- Eligibility.
a. Eligibility for enrollment.
(1) Special power of attorney, relative to the 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.
(2) A local education agency shall be prohibited from charging
local tuition to a transitioning military child placed in the care of
a noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent.
(3) A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent, may
continue to attend the school in which the child was enrolled while
residing with the custodial parent.
b. Eligibility for extracurricular participation. State and
local education agencies shall facilitate the opportunity for
transitioning military children's inclusion in extracurricular
activities, regardless of application deadlines, to the extent they
are otherwise qualified.
7. Article VII -- Graduation. In order to facilitate the
on-time graduation of children of military families, states and local
education agencies shall incorporate the following procedures:
a. Waiver requirements. Local education agency
administrative officials shall waive specific courses required for
graduation if similar course work has been satisfactorily completed
in another local education agency or shall provide reasonable
justification for denial. Should a waiver not be granted to a
student who would qualify to graduate from the sending school, the
local education agency shall provide an alternative means of
acquiring required coursework so that graduation may occur on time.
b. Exit exams.
(1) States shall accept any of the following in lieu of testing
requirements for graduation in the receiving state:
(a) Exit or end-of-course exams required for graduation from the
sending state.
(b) National norm-referenced achievement tests.
(c) Alternative testing.
(2) In the event the above alternatives cannot be accommodated by
the receiving state for a student transferring in the student's
senior year, then the provisions of paragraph "c" shall apply.
c. Transfers during senior year. Should a military student
transferring at the beginning or during the student's senior year be
ineligible to graduate from the receiving local education agency
after all alternatives have been considered, the sending and
receiving local education agencies shall ensure the receipt of a
diploma from the sending local education agency, if the student meets
the graduation requirements of the sending local education agency.
In the event that one of the states in question is not a member of
this compact, the member state shall use best efforts to facilitate
the on-time graduation of the student in accordance with paragraphs
"a" and "b".
8. Article VIII -- State coordination.
a. Each member state shall, through the creation of a state
council or use of an existing body or board, provide for the
coordination among its agencies of government, local education
agencies and military installations concerning the state's
participation in, and compliance with, this compact and interstate
commission activities. While each member state may determine the
membership of its own state council, its membership must include at
least: the director of the department of education, superintendent
of a school district with a high concentration of military children,
representative from a military installation, one representative each
from the legislative and executive branches of government, and other
offices and stakeholder groups the state council deems appropriate.
A member state that does not have a school district deemed to contain
a high concentration of military children may appoint a
superintendent from another school district to represent local
education agencies on the state council.
b. The state council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
compact.
c. The compact commissioner responsible for the
administration and management of the state's participation in this
compact shall be appointed by the governor or as otherwise determined
by each member state.
d. The compact commissioner and the military family education
liaison designated in sections 256H.2 and 256H.3 shall be ex officio
members of the state council, unless either is already a full voting
member of the state council.
9. Article IX -- 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:
a. 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.
b. 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 compact
commissioner's state for a specified meeting.
(4) The bylaws may provide for meetings of the interstate
commission to be conducted by telecommunication or electronic
communication.
c. Consist of ex officio, nonvoting 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 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.
d. 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.
e. 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 this compact including enforcement and compliance
with the provisions of this compact, its bylaws and rules, and other
such duties as deemed necessary. The United States department of
defense shall serve as an ex officio, nonvoting member of the
executive committee.
f. 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 disclosure
would adversely affect personal privacy rights or proprietary
interests.
g. 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 this 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 likely do
any of the following:
(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.
(7) Specifically relate to the interstate commission's
participation in a civil action or other legal proceeding.
h. 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.
i. 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.
j. Create a process that permits military officials,
education officials, and parents to inform the interstate commission
if and when there are alleged violations of this compact or its rules
or when issues subject to the jurisdiction of this 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.
10. Article X -- Powers and duties of the interstate
commission. The interstate commission shall have the following
powers:
a. To provide for dispute resolution among member states.
b. To promulgate rules and take all necessary actions to
effect the goals, purposes, and obligations as enumerated in this
compact. The rules shall have the force and effect of statutory law
and shall be binding in the compact states to the extent and in the
manner provided in this compact.
c. To issue, upon request of a member state, advisory
opinions concerning the meaning or interpretation of this compact,
its bylaws, rules, and actions.
d. To enforce compliance with the compact provisions, the
rules promulgated by the interstate commission, and the bylaws, using
all necessary and proper means, including but not limited to the use
of judicial process.
e. To establish and maintain offices which shall be located
within one or more of the member states.
f. To purchase and maintain insurance and bonds.
g. To borrow, accept, hire, or contract for services of
personnel.
h. To establish and appoint committees including but not
limited to an executive committee as required by article IX of this
compact which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties under this compact.
i. To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties, and determine their qualifications; and to establish the
interstate commission's personnel policies and programs relating to
conflicts of interest, rates of compensation, and qualifications of
personnel.
j. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
k. To lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve, or use any property, real,
personal, or mixed.
l. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal, or
mixed.
m. To establish a budget and make expenditures.
n. To adopt a seal and bylaws governing the management and
operation of the interstate commission.
o. To report annually to the legislatures, governors,
judiciary, and state councils of the member states concerning the
activities of the interstate commission during the preceding year.
Such reports shall also include any recommendations that may have
been adopted by the interstate commission.
p. To coordinate education, training, and public awareness
regarding this compact, its implementation and operation for
officials and parents involved in such activity.
q. To establish uniform standards for the reporting,
collecting, and exchanging of data.
r. To maintain corporate books and records in accordance with
the bylaws.
s. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
t. To provide for the uniform collection and sharing of
information between and among member states, schools, and military
families under this compact.
11. Article XI -- Organization and operation of the interstate
commission.
a. The interstate commission shall, by a majority of the
members present and voting, within twelve months after the first
interstate commission meeting, adopt bylaws to govern its conduct as
may be necessary or appropriate to carry out the purposes of this
compact, including but not limited to:
(1) Establishing the fiscal year of the interstate commission.
(2) Establishing an executive committee, and such other
committees as may be necessary.
(3) Providing for the establishment of committees and for
governing any general or specific delegation of authority or function
of the interstate commission.
(4) Providing reasonable procedures for calling and conducting
meetings of the interstate commission, and ensuring reasonable notice
of each such meeting.
(5) Establishing the titles and responsibilities of the officers
and staff of the interstate commission.
(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 this compact after the payment and reserving
of all of its debts and obligations.
(7) Providing start-up rules for initial administration of this
compact.
b. The interstate commission shall, by a majority of the
members, elect annually from among its members a chairperson, a vice
chairperson, and a treasurer, each of whom shall have such authority
and duties as may be specified in the bylaws. The chairperson or, in
the chairperson's absence or disability, the vice chairperson, shall
preside at all meetings of the interstate commission. The officers
so elected shall serve without compensation or remuneration from the
interstate commission; provided that, subject to the availability of
budgeted funds, the officers shall be reimbursed for ordinary and
necessary costs and expenses incurred by them in the performance of
their responsibilities as officers of the interstate commission.
c. (1) The executive committee shall have such authority and
duties as may be set forth in the bylaws, including but not limited
to the following:
(a) Managing the affairs of the interstate commission in a manner
consistent with the bylaws and purposes of the interstate commission.
(b) Overseeing an organizational structure within, and
appropriate procedures for the interstate commission to provide for
the creation of rules, operating procedures, and administrative and
technical support functions.
(c) Planning, implementing, and coordinating communications and
activities with other state, federal, and local government
organizations in order to advance the goals of the interstate
commission.
(2) The executive committee may, subject to the approval of the
interstate commission, appoint or retain an executive director for
such period, upon such terms and conditions and for such
compensation, as the interstate commission may deem appropriate. The
executive director shall serve as secretary to the interstate
commission, but shall not be a member of the interstate commission.
The executive director shall hire and supervise such other persons as
may be authorized by the interstate commission.
d. The interstate commission's executive director and its
employees shall be immune from suit and liability, either personally
or in their official capacity, for a claim for damage to or loss of
property or personal injury or other civil liability caused or
arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis
for believing occurred, within the scope of interstate commission
employment, duties, or responsibilities; provided, that such person
shall not be protected from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and wanton
misconduct of such person.
(1) The liability of the interstate commission's executive
director and employees or interstate commission representatives,
acting within the scope of such person's employment or duties for
acts, errors, or omissions occurring within such person's state shall
not exceed the limits of liability set forth under the Constitution
and laws of that state for state officials, employees, and agents.
The interstate commission is considered to be an instrumentality of
the states for the purposes of any such action. Nothing in this
paragraph "d" shall be construed to protect such person from suit
or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
(2) The interstate commission shall defend the executive director
and its employees and, subject to the approval of the attorney
general or other appropriate legal counsel of the member state
represented by an interstate commission representative, shall defend
such interstate commission representative in any civil action seeking
to impose 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 such person.
(3) To the extent not covered by the state involved, member
state, or the interstate commission, the representatives or employees
of the interstate commission shall be held harmless in the amount of
a settlement or judgment, including attorney's fees and costs,
obtained against such persons 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 such
persons 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 such persons.
12. Article XII -- Rulemaking functions of the interstate
commission.
a. The interstate commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the purposes of
this compact. Notwithstanding the foregoing, in the event the
interstate commission exercises its rulemaking authority in a manner
that is beyond the scope of the purposes of this compact, or the
powers granted under this compact, then such an action by the
interstate commission shall be invalid and have no force or effect.
b. Rules shall be made pursuant to a rulemaking process that
substantially conforms to the model state administrative procedure
Act of 1981, uniform laws annotated, as amended, as may be
appropriate to the operations of the interstate commission.
c. Not later than thirty days after a rule is promulgated,
any person may file a petition for judicial review of the rule;
provided, that the filing of such a 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.
The court shall give deference to the actions of the interstate
commission consistent with applicable law and shall not find the rule
to be unlawful if the rule represents a reasonable exercise of the
interstate commission's authority.
d. 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 this compact, then such rule shall have no
further force and effect in any compacting state.
13. Article XIII -- Oversight, enforcement, and dispute
resolution.
a. Oversight.
(1) The executive, legislative, and judicial branches of state
government in each member state shall enforce this compact and shall
take all actions necessary and appropriate to effectuate this
compact's purposes and intent. The provisions of this compact and
the rules promulgated under this compact shall have standing as
statutory law.
(2) All courts shall take judicial notice of this compact and the
rules in any judicial or administrative proceeding in a member state
pertaining to the subject matter of this compact which may affect the
powers, responsibilities, or actions of the interstate commission.
(3) The interstate commission shall be entitled to receive all
service of process in any such proceeding, and shall have standing to
intervene in the proceeding for all purposes. Failure to provide
service of process to the interstate commission shall render a
judgment or order void as to the interstate commission, this compact,
or promulgated rules.
b. Default, technical assistance, suspension, and
termination.
(1) If the interstate commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or promulgated
rules, the interstate commission shall:
(a) Provide written notice to the defaulting state and other
member states, of the nature of the default, the means of curing the
default, and any action taken by the interstate commission. The
interstate commission shall specify the conditions by which the
defaulting state must cure its default.
(b) Provide remedial training and specific technical assistance
regarding the default.
(2) If the defaulting state fails to cure the default, the
defaulting state shall be terminated from this compact upon an
affirmative vote of a majority of the member states and all rights,
privileges, and benefits conferred by this compact shall be
terminated from the effective date of termination. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of the default.
(3) Suspension or termination of membership in this compact shall
be imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall be
given by the interstate commission to the governor, the majority and
minority leaders of the defaulting state's legislature, and each of
the member states.
(4) The state which has been suspended or terminated is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of suspension or termination
including obligations, the performance of which extends beyond the
effective date of suspension or termination.
(5) The interstate commission shall not bear any costs relating
to any state that has been found to be in default or which has been
suspended or terminated from the compact, unless otherwise mutually
agreed upon in writing between the interstate commission and the
defaulting state.
(6) The defaulting state may appeal the action of the interstate
commission by petitioning the United States district court for the
District of Columbia or the federal district where the interstate
commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation including reasonable attorney's
fees.
c. Dispute resolution.
(1) The interstate commission shall attempt, upon the request of
a member state, to resolve disputes which are subject to this compact
and which may arise among member states and between member and
nonmember states.
(2) The interstate commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes as
appropriate.
d. Enforcement.
(1) The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
(2) The interstate commission, may by majority vote of the
members, initiate legal action in the United States district court
for the District of Columbia or, at the discretion of the interstate
commission, in the federal district where the interstate commission
has its principal offices, to enforce compliance with the provisions
of this compact, its promulgated rules and bylaws, against a member
state in default. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation
including reasonable attorney's fees.
(3) The remedies in this compact shall not be the exclusive
remedies of the interstate commission. The interstate commission may
avail itself of any other remedies available under state law or the
regulation of a profession.
14. Article XIV -- Financing of the interstate commission.
a. The interstate commission shall pay, or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
b. The interstate commission may levy on and collect an
annual assessment from each member state to cover the cost of the
operations and activities of the interstate commission and its staff
which must be in a total amount sufficient to cover the interstate
commission's annual budget as approved each year. The aggregate
annual assessment amount shall be allocated based upon a formula to
be determined by the interstate commission, which shall promulgate a
rule binding upon all member states.
c. The interstate commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the same; nor
shall the interstate commission pledge the credit of any of the
member states, except by and with the authority of the member state.
d. The interstate commission shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements of
the interstate commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the interstate
commission shall be audited yearly by 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.
15. Article XV -- Member states, effective date, and
amendment.
a. Any state is eligible to become a member state.
b. This compact shall become effective and binding upon
legislative enactment of this compact into law by no less than ten of
the states. The effective date shall be no earlier than December 1,
2007. Thereafter it shall become effective and binding as to any
other member state upon enactment of this compact into law by that
state. The governors of nonmember states or their designees shall be
invited to participate in the activities of the interstate commission
on a nonvoting basis prior to adoption of this compact by all states.
c. The interstate commission may propose amendments to this
compact for enactment by the member states. An amendment shall not
become effective and binding upon the interstate commission and the
member states unless and until it is enacted into law by unanimous
consent of the member states.
16. Article XVI -- Withdrawal and dissolution.
a. Withdrawal.
(1) Once effective, this compact shall continue in force and
remain binding upon each and every member state; provided that a
member state may withdraw from this compact by specifically repealing
the statute which enacted this compact into law.
(2) Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until one year
after the effective date of such statute and until written notice of
the withdrawal has been given by the withdrawing state to the
governor of each other member jurisdiction.
(3) The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon the
introduction of legislation repealing this compact in the withdrawing
state. The interstate commission shall notify the other member
states of the withdrawing state's intent to withdraw within sixty
days of its receipt of the notice.
(4) The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
withdrawal, including obligations, the performance of which extend
beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting this compact or upon such
later date as determined by the interstate commission.
b. Dissolution of compact.
(1) This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the
membership in this compact to one member state.
(2) Upon the dissolution of this compact, this compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the interstate commission shall be concluded
and surplus funds shall be distributed in accordance with the bylaws.
17. Article XVII -- Severability and construction.
a. The provisions of this compact shall be severable, and if
any phrase, clause, sentence, or provision is deemed unenforceable,
the remaining provisions of the compact shall be enforceable.
b. The provisions of this compact shall be liberally
construed to effectuate its purposes.
c. Nothing in this compact shall be construed to prohibit the
applicability of other interstate compacts to which the states are
members.
18. Article XVIII -- Binding effect of compact and other
laws.
a. Other laws.
(1) Nothing in this compact prevents the enforcement of any other
law of a member state that is not inconsistent with this compact.
(2) All member states' laws conflicting with this compact are
superseded to the extent of the conflict.
b. Binding effect of the compact.
(1) All lawful actions of the interstate commission, including
all rules and bylaws promulgated by the interstate commission, are
binding upon the member states.
(2) All agreements between the interstate commission and the
member states are binding in accordance with their terms.
(3) In the event any provision of this compact 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 question in that member state.
Section History: Recent Form
2009 Acts, ch 31, §1, 4
Referred to in § 256H.2, 256H.3