160.2000. Text of compact.
Text of compact.
160.2000. Interstate Compact on Educational Opportunity for MilitaryChildren
ARTICLE I
PURPOSEIt is the purpose of this compact to remove barriers to educational successimposed on children of military families because of frequent moves anddeployment of their parents by:
A. Facilitating the timely enrollment of children of militaryfamilies and ensuring that they are not placed at a disadvantage due todifficulty in the transfer of education records from the previous schooldistrict(s) or variations in entrance/age requirements.
B. Facilitating the student placement process through which childrenof military families are not disadvantaged by variations in attendancerequirements, scheduling, sequencing, grading, course content orassessment.
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 militaryfamilies.
E. Providing for the promulgation and enforcement of administrativerules implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of informationbetween and among member states, schools and military families under thiscompact.
G. Promoting coordination between this compact and other compactsaffecting military children.
H. Promoting flexibility and cooperation between the educationalsystem, parents and the student in order to achieve educational success forthe student.
ARTICLE II
DEFINITIONSAs used in this compact, unless the context clearly requires a differentconstruction:
A. "Active duty" means: full-time duty status in the activeuniformed service of the United States, including members of the NationalGuard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209and 1211.
B. "Children of military families" means: a school-aged child(ren),enrolled in Kindergarten through Twelfth (12th) grade, in the household ofan active duty member.
C. "Compact commissioner" means: the voting representative of eachcompacting state appointed pursuant to Article VIII of this compact.
D. "Deployment" means: the period one (1) month prior to the servicemembers' departure from their home station on military orders though six(6) months after return to their home station.
E. "Education(al) records" means: those official records, files, anddata directly related to a student and maintained by the school or localeducation agency, including but not limited to records encompassing all thematerial kept in the student's cumulative folder such as generalidentifying 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 activitysponsored by the school or local education agency or an organizationsanctioned by the local education agency. Extracurricular activitiesinclude, but are not limited to, preparation for and involvement in publicperformances, contests, athletic competitions, demonstrations, displays,and club activities.
G. "Interstate Commission on Educational Opportunity for MilitaryChildren" means: the commission that is created under Article IX of thiscompact, which is generally referred to as Interstate Commission.
H. "Local education agency" means: a public authority legallyconstituted by the state as an administrative agency to provide control ofand direction for Kindergarten through Twelfth (12th) grade publiceducational institutions.
I. "Member state" means: a state that has enacted this compact.
J. "Military installation" means: means a base, camp, post, station,yard, center, homeport facility for any ship, or other activity under thejurisdiction of the Department of Defense, including any leased facility,which is located within any of the several States, the District ofColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,American Samoa, the Northern Marianas Islands and any other U.S. Territory.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 thiscompact.
L. "Receiving state" means: the state to which a child of a militaryfamily is sent, brought, or caused to be sent or brought.
M. "Rule" means: a written statement by the Interstate Commissionpromulgated pursuant to Article XII of this compact that is of generalapplicability, implements, interprets or prescribes a policy or provisionof the Compact, or an organizational, procedural, or practice requirementof the Interstate Commission, and has the force and effect of statutory lawin a member state, and includes the amendment, repeal, or suspension of anexisting rule.
N. "Sending state" means: the state from which a child of a militaryfamily is sent, brought, or caused to be sent or brought.
O. "State" means: a state of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,American Samoa, the Northern Marianas Islands and any other U.S. Territory.
P. "Student" means: the child of a military family for whom thelocal education agency receives public funding and who is formally enrolledin Kindergarten through Twelfth (12th) grade.
Q. "Transition" means: 1) the formal and physical process oftransferring from school to school or 2) the period of time in which astudent moves from one school in the sending state to another school in thereceiving state.
R. "Uniformed service(s)" means: the Army, Navy, Air Force, MarineCorps, Coast Guard as well as the Commissioned Corps of the NationalOceanic and Atmospheric Administration, and Public Health Services.
S. "Veteran" means: a person who served in the uniformed servicesand who was discharged or released there from under conditions other thandishonorable.
ARTICLE III
APPLICABILITY
A. Except as otherwise provided in Section B, this compact shallapply to the children of:
1. active duty members of the uniformed services as defined in thiscompact, including members of the National Guard and Reserve on active dutyorders pursuant to 10 U.S.C. Section 1209 and 1211;
2. members or veterans of the uniformed services who are severelyinjured and medically discharged or retired for a period of one (1) yearafter medical discharge or retirement; and
3. members of the uniformed services who die on active duty or as aresult of injuries sustained on active duty for a period of one (1) yearafter death.
B. The provisions of this interstate compact shall only apply tolocal education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the children of:
1. inactive members of the national guard and military reserves;
2. members of the uniformed services now retired, except as providedin Section A;
3. veterans of the uniformed services, except as provided in SectionA; and
4. other U.S. Dept. of Defense personnel and other federal agencycivilian and contract employees not defined as active duty members of theuniformed services.
ARTICLE IV
EDUCATIONAL RECORDS & ENROLLMENT
A. Unofficial or "hand-carried" education records - In the event thatofficial education records cannot be released to the parents for thepurpose of transfer, the custodian of the records in the sending stateshall prepare and furnish to the parent a complete set of unofficialeducational records containing uniform information as determined by theInterstate Commission. Upon receipt of the unofficial education records bya school in the receiving state, the school shall enroll and appropriatelyplace the student based on the information provided in the unofficialrecords pending validation by the official records, as quickly as possible.
B. Official education records/transcripts - Simultaneous with theenrollment and conditional placement of the student, the school in thereceiving state shall request the student's official education record fromthe school in the sending state. Upon receipt of this request, the schoolin the sending state will process and furnish the official educationrecords to the school in the receiving state within ten (10) days or withinsuch time as is reasonably determined under the rules promulgated by theInterstate Commission.
C. Immunizations - Compacting states shall give thirty (30) days fromthe date of enrollment or within such time as is reasonably determinedunder the rules promulgated by the Interstate Commission, for students toobtain any immunization(s) required by the receiving state. For a seriesof immunizations, initial vaccinations must be obtained within thirty (30)days or within such time as is reasonably determined under the rulespromulgated by the Interstate Commission.
D. Kindergarten and First grade entrance age - Students shall beallowed to continue their enrollment at grade level in the receiving statecommensurate with their grade level (including Kindergarten) from a localeducation agency in the sending state at the time of transition, regardlessof age. A student that has satisfactorily completed the prerequisite gradelevel in the local education agency in the sending state shall be eligiblefor enrollment in the next highest grade level in the receiving state,regardless of age. A student transferring after the start of the schoolyear in the receiving state shall enter the school in the receiving stateon their validated level from an accredited school in the sending state.
ARTICLE V
PLACEMENT & ATTENDANCE
A. Course placement - When the student transfers before or during theschool year, the receiving state school shall initially honor placement ofthe student in educational courses based on the student's enrollment in thesending state school and/or educational assessments conducted at the schoolin the sending state if the courses are offered. Course placement includesbut is not limited to Honors, International Baccalaureate, AdvancedPlacement, vocational, technical and career pathways courses. Continuingthe student's academic program from the previous school and promotingplacement in academically and career challenging courses should beparamount when considering placement. This does not preclude the school inthe receiving state from performing subsequent evaluations to ensureappropriate placement and continued enrollment of the student in thecourse(s).
B. Educational program placement - The receiving state school shallinitially honor placement of the student in educational programs based oncurrent educational assessments conducted at the school in the sendingstate or participation/placement in like programs in the sending state.Such programs include, but are not limited to: 1) gifted and talentedprograms; and 2) English as a second language (ESL). This does notpreclude the school in the receiving state from performing subsequentevaluations to ensure appropriate placement of the student.
C. Special education services - 1) In compliance with the federalrequirements of the Individuals with Disabilities Education Act (IDEA), 20U.S.C.A. Section 1400 et seq, the receiving state shall initially providecomparable services to a student with disabilities based on his/her currentIndividualized Education Program (IEP); and 2) In compliance with therequirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A.Sections 12131-12165, the receiving state shall make reasonableaccommodations and modifications to address the needs of incoming studentswith disabilities, subject to an existing 504 or Title II Plan, to providethe student with equal access to education. This does not preclude theschool in the receiving state from performing subsequent evaluations toensure appropriate placement of the student.
D. Placement flexibility - Local education agency administrativeofficials shall have flexibility in waiving course/program prerequisites,or other preconditions for placement in courses/programs offered under thejurisdiction of the local education agency.
E. Absence as related to deployment activities - A student whoseparent or legal guardian is an active duty member of the uniformedservices, as defined by the compact, and has been called to duty for, is onleave from, or immediately returned from deployment to a combat zone orcombat support posting, shall be granted additional excused absences at thediscretion of the local education agency superintendent to visit with hisor her parent or legal guardian relative to such leave or deployment of theparent or guardian.
ARTICLE VI
ELIGIBILITY
A. Eligibility for enrollment
1. Special power of attorney, relative to the guardianship of a childof a military family and executed under applicable law shall be sufficientfor the purposes of enrollment and all other actions requiring parentalparticipation and consent.
2. A local education agency shall be prohibited from charging localtuition to a transitioning military child placed in the care of anoncustodial parent or other person standing in loco parentis who lives ina jurisdiction other than that of the custodial parent.
3. A transitioning military child, placed in the care of anon-custodial parent or other person standing in loco parentis who lives ina jurisdiction other than that of the custodial parent, may continue toattend the school in which he/she was enrolled while residing with thecustodial parent.
B. Eligibility for extracurricular participation - State and localeducation agencies shall facilitate the opportunity for transitioningmilitary children's inclusion in extracurricular activities, regardless ofapplication deadlines, to the extent they are otherwise qualified.
ARTICLE VII
GRADUATIONIn order to facilitate the on-time graduation of children of militaryfamilies states and local education agencies shall incorporate thefollowing procedures:
A. Waiver requirements - Local education agency administrativeofficials shall waive specific courses required for graduation if similarcourse work has been satisfactorily completed in another local educationagency or shall provide reasonable justification for denial. Should awaiver not be granted to a student who would qualify to graduate from thesending school, the local education agency shall provide an alternativemeans of acquiring required coursework so that graduation may occur ontime.
B. Exit exams - States shall accept: 1) exit or end-of-course examsrequired for graduation from the sending state; or 2) nationalnorm-referenced achievement tests or 3) alternative testing, in lieu oftesting requirements for graduation in the receiving state. In the eventthe above alternatives cannot be accommodated by the receiving state for astudent transferring in his or her Senior year, then the provisions ofArticle VII, Section C shall apply.
C. Transfers during Senior year - Should a military studenttransferring at the beginning or during his or her Senior year beineligible to graduate from the receiving local education agency after allalternatives have been considered, the sending and receiving localeducation agencies shall ensure the receipt of a diploma from the sendinglocal education agency, if the student meets the graduation requirements ofthe sending local education agency. In the event that one of the states inquestion is not a member of this compact, the member state shall use bestefforts to facilitate the on-time graduation of the student in accordancewith Sections A and B of this Article.
ARTICLE VIII
STATE COORDINATION
A. Each member state shall, through the creation of a State Councilor use of an existing body or board, provide for the coordination among itsagencies of government, local education agencies and military installationsconcerning the state's participation in, and compliance with, this compactand Interstate Commission activities. While each member state maydetermine the membership of its own State Council, its membership mustinclude at least: the state superintendent of education, superintendent ofa school district with a high concentration of military children,representative from a military installation, one representative each fromthe legislative and executive branches of government, and other offices andstakeholder groups the State Council deems appropriate. A member statethat does not have a school district deemed to contain a high concentrationof military children may appoint a superintendent from another schooldistrict to represent local education agencies on the State Council.
B. The State Council of each member state shall appoint or designatea military family education liaison to assist military families and thestate in facilitating the implementation of this compact.
C. The compact commissioner responsible for the administration andmanagement of the state's participation in the compact shall be appointedby the Governor or as otherwise determined by each member state.
D. The compact commissioner and the military family education liaisondesignated herein shall be ex-officio members of the State Council, unlesseither is already a full voting member of the State Council.
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDRENThe member states hereby create the "Interstate Commission on EducationalOpportunity for Military Children". The activities of the InterstateCommission are the formation of public policy and are a discretionary statefunction. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member states andshall have all the responsibilities, powers and duties set forth herein,and such additional powers as may be conferred upon it by a subsequentconcurrent action of the respective legislatures of the member states inaccordance with the terms of this compact.
B. Consist of one Interstate Commission voting representative fromeach member state who shall be that state's compact commissioner.
1. Each member state represented at a meeting of the InterstateCommission is entitled to one vote.
2. A majority of the total member states shall constitute a quorumfor the transaction of business, unless a larger quorum is required by thebylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another memberstate. In the event the compact commissioner is unable to attend a meetingof the Interstate Commission, the Governor or State Council may delegatevoting authority to another person from their state for a specifiedmeeting.
4. The bylaws may provide for meetings of the Interstate Commissionto be conducted by telecommunication or electronic communication.
C. Consist of ex-officio, nonvoting representatives who are membersof interested organizations. Such ex-officio members, as defined in thebylaws, may include but not be limited to, members of the representativeorganizations of military family advocates, local education agencyofficials, parent and teacher groups, the U.S. Department of Defense, theEducation Commission of the States, the Interstate Agreement on theQualification of Educational Personnel and other interstate compactsaffecting the education of children of military members.
D. Meet at least once each calendar year. The chairperson may calladditional meetings and, upon the request of a simple majority of themember states, shall call additional meetings.
E. Establish an executive committee, whose members shall include theofficers of the Interstate Commission and such other members of theInterstate Commission as determined by the bylaws. Members of theexecutive committee shall serve a one year term. Members of the executivecommittee shall be entitled to one vote each. The executive committeeshall have the power to act on behalf of the Interstate Commission, withthe exception of rulemaking, during periods when the Interstate Commissionis not in session. The executive committee shall oversee the day-to-dayactivities of the administration of the compact including enforcement andcompliance with the provisions of the compact, its bylaws and rules, andother such duties as deemed necessary. The U.S. Dept. of Defense, shallserve as an ex-officio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions andprocedures under which the Interstate Commission shall make its informationand official records available to the public for inspection or copying.The Interstate Commission may exempt from disclosure information orofficial records to the extent they would adversely affect personal privacyrights or proprietary interests.
G. Public notice shall be given by the Interstate Commission of allmeetings and all meetings shall be open to the public, except as set forthin the rules or as otherwise provided in the compact. The InterstateCommission and its committees may close a meeting, or portion thereof,where it determines by two-thirds vote that an open meeting would be likelyto:
1. Relate solely to the Interstate Commission's internal personnelpractices and procedures;
2. Disclose matters specifically exempted from disclosure by federaland state statute;
3. Disclose trade secrets or commercial or financial informationwhich is privileged or confidential;
4. Involve accusing a person of a crime, or formally censuring aperson;
5. Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcementpurposes; or
7. Specifically relate to the Interstate Commission's participationin a civil action or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant to thisprovision, the Interstate Commission's legal counsel or designee shallcertify that the meeting may be closed and shall reference each relevantexemptible provision. The Interstate Commission shall keep minutes whichshall fully and clearly describe all matters discussed in a meeting andshall provide a full and accurate summary of actions taken, and the reasonstherefore, including a description of the views expressed and the record ofa roll call vote. All documents considered in connection with an actionshall be identified in such minutes. All minutes and documents of a closedmeeting shall remain under seal, subject to release by a majority vote ofthe Interstate Commission.
I. The Interstate Commission shall collect standardized dataconcerning the educational transition of the children of military familiesunder this compact as directed through its rules which shall specify thedata to be collected, the means of collection and data exchange andreporting requirements. Such methods of data collection, exchange andreporting shall, in so far as is reasonably possible, conform to currenttechnology and coordinate its information functions with the appropriatecustodian of records as identified in the bylaws and rules.
J. The Interstate Commission shall create a process that permitsmilitary officials, education officials and parents to inform theInterstate Commission if and when there are alleged violations of thecompact or its rules or when issues subject to the jurisdiction of thecompact or its rules are not addressed by the state or local educationagency. This section shall not be construed to create a private right ofaction against the Interstate Commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe 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 thegoals, purposes and obligations as enumerated in this compact. The rulesshall have the force and effect of statutory law and shall be binding inthe compact states to the extent and in the manner provided in thiscompact.
C. To issue, upon request of a member state, advisory opinionsconcerning the meaning or interpretation of the interstate compact, itsbylaws, rules and actions.
D. To enforce compliance with the compact provisions, the rulespromulgated by the Interstate Commission, and the bylaws, using allnecessary and proper means, including but not limited to the use ofjudicial process.
E. To establish and maintain offices which shall be located withinone 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, Section E, which shallhave the power to act on behalf of the Interstate Commission in carryingout its powers and duties hereunder.
I. To elect or appoint such officers, attorneys, employees, agents,or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the InterstateCommission's personnel policies and programs relating to conflicts ofinterest, 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 ofit.
K. To lease, purchase, accept contributions or donations of, orotherwise to own, hold, improve or use any property, real, personal, ormixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, orotherwise 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 operationof the Interstate Commission.
O. To report annually to the legislatures, governors, judiciary, andstate councils of the member states concerning the activities of theInterstate Commission during the preceding year. Such reports shall alsoinclude any recommendations that may have been adopted by the InterstateCommission.
P. To coordinate education, training and public awareness regardingthe compact, its implementation and operation for officials and parentsinvolved in such activity.
Q. To establish uniform standards for the reporting, collecting andexchanging of data.
R. To maintain corporate books and records in accordance with thebylaws.
S. To perform such functions as may be necessary or appropriate toachieve the purposes of this compact.
T. To provide for the uniform collection and sharing of informationbetween and among member states, schools and military families under thiscompact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall, by a majority of the memberspresent and voting, within 12 months after the first Interstate Commissionmeeting, adopt bylaws to govern its conduct as may be necessary orappropriate to carry out the purposes of the compact, including, but notlimited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee, and such other committees asmay be necessary;
3. Providing for the establishment of committees and for governingany general or specific delegation of authority or function of theInterstate Commission;
4. Providing reasonable procedures for calling and conductingmeetings of the Interstate Commission, and ensuring reasonable notice ofeach such meeting;
5. Establishing the titles and responsibilities of the officers andstaff of the Interstate Commission;
6. Providing a mechanism for concluding the operations of theInterstate Commission and the return of surplus funds that may exist uponthe termination of the compact after the payment and reserving of all ofits debts and obligations.
7. Providing "start up" rules for initial administration of thecompact.
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 maybe specified in the bylaws. The chairperson or, in the chairperson'sabsence or disability, the vice-chairperson, shall preside at all meetingsof the Interstate Commission. The officers so elected shall serve withoutcompensation or remuneration from the Interstate Commission; provided that,subject to the availability of budgeted funds, the officers shall bereimbursed for ordinary and necessary costs and expenses incurred by themin the performance of their responsibilities as officers of the InterstateCommission.
C. Executive Committee, Officers and Personnel
1. The executive committee shall have such authority and duties asmay be set forth in the bylaws, including but not limited to:
a. Managing the affairs of the Interstate Commission in a mannerconsistent with the bylaws and purposes of the Interstate Commission;
b. Overseeing an organizational structure within, and appropriateprocedures for the Interstate Commission to provide for the creation ofrules, operating procedures, and administrative and technical supportfunctions; and
c. Planning, implementing, and coordinating communications andactivities with other state, federal and local government organizations inorder to advance the goals of the Interstate Commission.
2. The executive committee may, subject to the approval of theInterstate Commission, appoint or retain an executive director for suchperiod, upon such terms and conditions and for such compensation, as theInterstate Commission may deem appropriate. The executive director shallserve as secretary to the Interstate Commission, but shall not be a Memberof the Interstate Commission. The executive director shall hire andsupervise such other persons as may be authorized by the InterstateCommission.
D. The Interstate Commission's executive director and its employeesshall be immune from suit and liability, either personally or in theirofficial capacity, for a claim for damage to or loss of property orpersonal injury or other civil liability caused or arising out of orrelating to an actual or alleged act, error, or omission that occurred, orthat such person had a reasonable basis for believing occurred, within thescope of Interstate Commission employment, duties, or responsibilities;provided, that such person shall not be protected from suit or liabilityfor damage, loss, injury, or liability caused by the intentional or willfuland wanton misconduct of such person.
1. The liability of the Interstate Commission's executive directorand employees or Interstate Commission representatives, acting within thescope of such person's employment or duties for acts, errors, or omissionsoccurring within such person's state may not exceed the limits of liabilityset forth under the Constitution and laws of that state for stateofficials, employees, and agents. The Interstate Commission is consideredto be an instrumentality of the states for the purposes of any such action.Nothing in this subsection shall be construed to protect such person fromsuit or liability for damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of such person.
2. The Interstate Commission shall defend the executive director andits employees and, subject to the approval of the Attorney General or otherappropriate legal counsel of the member state represented by an InterstateCommission representative, shall defend such Interstate Commissionrepresentative in any civil action seeking to impose liability arising outof an actual or alleged act, error or omission that occurred within thescope of Interstate Commission employment, duties or responsibilities, orthat the defendant had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not resultfrom intentional or willful and wanton misconduct on the part of suchperson.
3. To the extent not covered by the state involved, member state, orthe Interstate Commission, the representatives or employees of theInterstate Commission shall be held harmless in the amount of a settlementor judgment, including attorney's fees and costs, obtained against suchpersons arising out of an actual or alleged act, error, or omission thatoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, or that such persons had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, oromission did not result from intentional or willful and wanton misconducton the part of such persons.
ARTICLE XII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. Rulemaking Authority - The Interstate Commission shall promulgatereasonable rules in order to effectively and efficiently achieve thepurposes of this Compact. Notwithstanding the foregoing, in the event theInterstate Commission exercises its rulemaking authority in a manner thatis beyond the scope of the purposes of this Act, or the powers grantedhereunder, then such an action by the Interstate Commission shall beinvalid and have no force or effect.
B. Rulemaking Procedure - Rules shall be made pursuant to arulemaking process that substantially conforms to the "Model StateAdministrative Procedure Act", of 1981 Act, Uniform Laws Annotated, Vol.15, p.1 (2000) as amended, as may be appropriate to the operations of theInterstate Commission.
C. Not later than thirty (30) days after a rule is promulgated, anyperson may file a petition for judicial review of the rule; provided, thatthe filing of such a petition shall not stay or otherwise prevent the rulefrom becoming effective unless the court finds that the petitioner has asubstantial likelihood of success. The court shall give deference to theactions of the Interstate Commission consistent with applicable law andshall not find the rule to be unlawful if the rule represents a reasonableexercise of the Interstate Commission's authority.
D. If a majority of the legislatures of the compacting states rejectsa Rule by enactment of a statute or resolution in the same manner used toadopt the compact, then such rule shall have no further force and effect inany compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
1. The executive, legislative and judicial branches of stategovernment in each member state shall enforce this compact and shall takeall actions necessary and appropriate to effectuate the compact's purposesand intent. The provisions of this compact and the rules promulgatedhereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the compact and the rulesin any judicial or administrative proceeding in a member state pertainingto 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 serviceof process in any such proceeding, and shall have standing to intervene inthe proceeding for all purposes. Failure to provide service of process tothe Interstate Commission shall render a judgment or order void as to theInterstate Commission, this compact or promulgated rules.
B. Default, Technical Assistance, Suspension and Termination - If theInterstate Commission determines that a member state has defaulted in theperformance of its obligations or responsibilities under this compact, orthe bylaws or promulgated rules, the Interstate Commission shall:
1. Provide written notice to the defaulting state and other memberstates, of the nature of the default, the means of curing the default andany action taken by the Interstate Commission. The Interstate Commissionshall specify the conditions by which the defaulting state must cure itsdefault.
2. Provide remedial training and specific technical assistanceregarding the default.
3. If the defaulting state fails to cure the default, the defaultingstate shall be terminated from the compact upon an affirmative vote of amajority of the member states and all rights, privileges and benefitsconferred by this compact shall be terminated from the effective date oftermination. A cure of the default does not relieve the offending state ofobligations or liabilities incurred during the period of the default.
4. Suspension or termination of membership in the compact shall beimposed only after all other means of securing compliance have beenexhausted. Notice of intent to suspend or terminate shall be given by theInterstate Commission to the Governor, the majority and minority leaders ofthe defaulting state's legislature, and each of the member states.
5. The state which has been suspended or terminated is responsiblefor all assessments, obligations and liabilities incurred through theeffective date of suspension or termination including obligations, theperformance of which extends beyond the effective date of suspension ortermination.
6. The Interstate Commission shall not bear any costs relating to anystate that has been found to be in default or which has been suspended orterminated from the compact, unless otherwise mutually agreed upon inwriting between the Interstate Commission and the defaulting state.
7. The defaulting state may appeal the action of the InterstateCommission by petitioning the U.S. District Court for the District ofColumbia or the federal district where the Interstate Commission has itsprincipal offices. The prevailing party shall be awarded all costs of suchlitigation including reasonable attorney's fees.
C. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of amember state, to resolve disputes which are subject to the compact andwhich may arise among member states and between member and non-memberstates.
2. The Interstate Commission shall promulgate a rule providing forboth mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement
1. The Interstate Commission, in the reasonable exercise of itsdiscretion, 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 State District Court for the Districtof Columbia or, at the discretion of the Interstate Commission, in thefederal district where the Interstate Commission has its principal offices,to enforce compliance with the provisions of the compact, its promulgatedrules and bylaws, against a member state in default. The relief sought mayinclude both injunctive relief and damages. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of theInterstate Commission. The Interstate Commission may avail itself of anyother remedies available under state law or the regulation of a profession.
ARTICLE XIV
FINANCING OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall pay, or provide for the payment ofthe reasonable expenses of its establishment, organization and ongoingactivities.
B. The Interstate Commission may levy on and collect an annualassessment from each member state to cover the cost of the operations andactivities of the Interstate Commission and its staff which must be in atotal amount sufficient to cover the Interstate Commission's annual budgetas approved each year. The aggregate annual assessment amount shall beallocated based upon a formula to be determined by the InterstateCommission, which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kindprior to securing the funds adequate to meet the same; nor shall theInterstate Commission pledge the credit of any of the member states, exceptby and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of theInterstate Commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall byaudited yearly by a certified or licensed public accountant and the reportof the audit shall be included in and become part of the annual report ofthe Interstate Commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislativeenactment of the compact into law by no less than ten (10) of the states.The effective date shall be no earlier than December 1, 2007. Thereafterit shall become effective and binding as to any other member state uponenactment of the compact into law by that state. The governors ofnonmember states or their designees shall be invited to participate in theactivities of the Interstate Commission on a nonvoting basis prior toadoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compactfor enactment by the member states. No amendment shall become effectiveand binding upon the Interstate Commission and the member states unless anduntil it is enacted into law by unanimous consent of the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and remainbinding upon each and every member state; provided that a member state maywithdraw from the compact specifically repealing the statute, which enactedthe compact into law.
2. Withdrawal from this compact shall be by the enactment of astatute repealing the same, but shall not take effect until one (1) yearafter the effective date of such statute and until written notice of thewithdrawal has been given by the withdrawing state to the Governor of eachother member jurisdiction.
3. The withdrawing state shall immediately notify the chairperson ofthe Interstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other member states of the withdrawing state's intent towithdraw within sixty (60) days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date ofwithdrawal, including obligations, the performance of which extend beyondthe effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occurupon the withdrawing state reenacting the compact or upon such later dateas determined by the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of thewithdrawal or default of the member state which reduces the membership inthe compact to one (1) member state.
2. Upon the dissolution of this compact, the compact becomes null andvoid and shall be of no further force or effect, and the business andaffairs of the Interstate Commission shall be concluded and surplus fundsshall be distributed in accordance with the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, theremaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed toeffectuate its purposes.
C. Nothing in this compact shall be construed to prohibit theapplicability of other interstate compacts to which the states are members.
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of amember state that is not inconsistent with this compact.
2. All member states' laws conflicting with this compact aresuperseded to the extent of the conflict.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding uponthe member states.
2. All agreements between the Interstate Commission and the memberstates are binding in accordance with their terms.
3. In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any member state, suchprovision shall be ineffective to the extent of the conflict with theconstitutional provision in question in that member state.
(L. 2008 H.B. 1678)