15-1911

15-1911. Authority to enter compact; terms of
interstate compact on educational opportunity for military
children

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 districts, variations in entrance or 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.

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 United States Code sections 1209 and 1211.

B. "Children of military families" means school-aged children, enrolled in
kindergarten programs or grades one through twelve, 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. "Educational records" means those official records, files and data directly
related to a student and maintained by the school or local education agency, including
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 preparation for and involvement in public
performances, contests, athletic competitions, demonstrations, displays and club
activities.

G. "Interstate commission on educational opportunity for military children" means
the commission that is created under article IX of this compact, which is generally
referred to as interstate commission.

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
programs and grades one through twelve in 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 department
of defense, including any leased facility, that is located within any of the several
states, the District of Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United
States territory. Military installation 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, that
implements, interprets or prescribes a policy or provision of the compact, or an
organizational, procedural or practice requirement of the interstate commission, and that
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 a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands and any other United States territory.

P. "Student" means the child of a military family for whom the local education
agency receives public funding and who is formally enrolled in a kindergarten program or
grades one through twelve.

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 services" means the army, navy, air force, marine corps and coast
guard as well as the commissioned corps of the national oceanic and atmospheric
administration, and 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.

ARTICLE III

APPLICABILITY

A. Except as otherwise provided in section 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
United States Code sections 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:

1. Inactive members of the national guard and military reserves.

2. Members of the uniformed services now retired, except as provided in section A.

3. Veterans of the uniformed services, except as provided in section 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.

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. On 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 and 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. On 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 thirty days from the date of
enrollment or such time as is reasonably determined under the rules promulgated by the
interstate commission for students to obtain any immunizations 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.

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, or both, if the courses are
offered. Course placement includes 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 courses.

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 gifted and talented programs and
English as a second language. 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 United States Code section 1400), the
receiving state shall initially provide comparable services to a student with
disabilities based on the student's current individualized education program. In
compliance with the requirements of section 504 of the rehabilitation act (29 United
States Code section 794) and with title II of the Americans with disabilities act (42
United States Code sections 12131 through 12165), the receiving state shall make
reasonable accommodations and modifications to address the needs of incoming students
with disabilities, subject to an existing 504 or title 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 or program prerequisites, or other preconditions for
placement in courses or 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 has 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.

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.

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 coursework has been
satisfactorily completed in another local education agency or shall provide reasonable
justification for denial. If a waiver is not 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 - States shall accept exit or end-of-course exams required for
graduation from the sending state, national norm referenced achievement tests or
alternative testing, in lieu of testing requirements for graduation in the receiving
state. If these alternatives cannot be accommodated by the receiving state for a student
transferring in the student's senior year, then the provisions of article VII, section C
shall apply.

C. Transfers during senior year - If a military student transferring at the
beginning or during the student's senior year is 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. If 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 sections A and B.

ARTICLE VIII

STATE COORDINATION

A. Each member state, through the creation of a state council or use of an existing
body or board, shall 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 state superintendent of education, a superintendent of a school district
with a high concentration of military children, a 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 the 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
herein shall be ex-officio members of the state council, unless either is already a full
voting member of the state council.

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 on 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. If 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 that 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 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, on 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 rule making, 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 they would adversely affect
personal privacy rights or proprietary interests.

G. Public notice shall be given by the interstate commission 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, if it determines by a two-thirds vote that an open
meeting would be likely to either:

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 that is privileged
or confidential.

4. Involve accusing a person of a crime, or formally censuring a person.

5. Disclose information of a personal nature if 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. For a meeting, or portion of a meeting, closed pursuant to this provision, the
interstate commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exemptible 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. The interstate commission 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, insofar as is reasonably possible, shall conform to current
technology and coordinate its information functions with the appropriate custodian of
records as identified in the bylaws and rules.

J. The interstate commission 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
education agency. This section shall not be construed to create a private right of action
against the interstate commission or any member state.

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, on request of a member state, advisory opinions concerning the meaning
or interpretation of the interstate 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 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 an executive committee as required
by article IX, section E, which shall have the power to act on behalf of the interstate
commission in carrying out 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 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 them.

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 the compact and
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.

ARTICLE XI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The interstate commission, by a majority of the members present and voting,
within twelve months after the first interstate commission meeting, shall adopt bylaws to
govern its conduct as may be necessary or appropriate to carry out the purposes of the
compact, including:

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 monies that may exist on the termination of the compact after
the payment and reserving of all of its debts and obligations.

7. Providing start up rules for initial administration of the compact.

B. The interstate commission, by a majority of the members, shall 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. Executive committee, officers and personnel.

1. The executive committee shall have such authority and duties as may be set forth
in the bylaws, including but not limited to:

(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, subject to the approval of the interstate commission,
may appoint or retain an executive director for such period, on 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 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 wilful 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 their employment or
duties for acts, errors or omissions occurring within their state may 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
subsection shall be construed to protect such person from suit or liability for damage,
loss, injury or liability caused by the intentional or wilful 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 wilful and wanton misconduct on the part of
such person.

3. To the extent not covered by the state involved, the member state or the
interstate commission, and the representatives or employees of the interstate commission
shall be held harmless in the amount of a settlement or judgment, including attorney 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 wilful and wanton misconduct on the part of such persons.

ARTICLE XII

RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. Rule making authority - The interstate commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the purposes of this compact.
Notwithstanding the foregoing, if the interstate commission exercises its rule making
authority in a manner that is beyond the scope of the purposes of this act, or the powers
granted hereunder, such an action by the interstate commission shall be invalid and have
no force or effect.

B. Rule making procedure - Rules shall be made pursuant to a rule making process
that substantially conforms to the model state administrative procedure act of 1981,
uniform laws annotated, vol. 15, p.1 (2000), 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 reject a rule by
enactment of a statute or resolution in the same manner used to adopt the compact, such
rule shall have no further force and effect in any compacting state.

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 the compact's purposes and intent. The provisions of this
compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject matter
of this compact that 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 - 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:

1. 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.

2. Provide remedial training and specific technical assistance regarding the
default.

3. If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact on 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.

4. Suspension or termination of membership in the 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.

5. The state that 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.

6. The interstate commission shall not bear any costs relating to any state that
has been found to be in default or that has been suspended or terminated from the
compact, unless otherwise mutually agreed on in writing between the interstate commission
and the defaulting state.

7. 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 fees.

C. Dispute resolution.

1. The interstate commission, on the request of a member state, shall attempt to
resolve disputes that are subject to the compact and that 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, by majority vote of the members, may 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 and its promulgated rules and bylaws against a member state in default. The
relief sought may include both injunctive relief and damages. If judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation including
reasonable attorney's fees.

3. The remedies herein 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.

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 on a formula to be determined by the
interstate commission, which shall promulgate a rule binding on 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.

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 on legislative enactment of the
compact into law by at least 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 on enactment of the 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 the compact by all
states.

C. The interstate commission may propose amendments to the compact for enactment by
the member states. No amendment shall become effective and binding on the interstate
commission and the member states unless and until 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 remain binding on each
and every member state, provided that a member state may withdraw from the compact
specifically repealing the statute that enacted the 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 on 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 thereof.

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 on the
withdrawing state reenacting the compact or on such later date as determined by the
interstate commission.

B. Dissolution of compact.

1. This compact shall dissolve effective on the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.

2. On the dissolution of this compact, the 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.

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.

ARTICLE XVIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other laws.

1. Nothing herein 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. If 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.