CHAPTER 3. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
IC 20-38-3
Chapter 3. Interstate Compact on Educational Opportunity forMilitary Children
IC 20-38-3-1
Purpose
Sec. 1. ARTICLE I. PURPOSE
It is the purpose of this compact to remove barriers to educationalsuccess imposed on children of military families due to frequentmoves and deployment of their parents by doing the following:
A. Facilitating the timely enrollment of children of militaryfamilies and ensuring that they are not placed at a disadvantagedue to difficulty in the transfer of educational records from theschool corporations the children previously attended orvariations in admissions requirements.
B. Facilitating the student placement process to ensure thatchildren of military families are not placed at a disadvantagedue to variations in attendance requirements, scheduling,sequencing, grading, course content, or assessment.
C. Facilitating the qualifications and eligibility for enrollmentand participation in educational programs and extracurricularacademic, athletic, and social activities.
D. Facilitating the timely graduation of children of militaryfamilies.
E. Providing for the adoption and enforcement of rules toimplement this chapter.
F. Providing for the uniform collection and sharing ofinformation among member states, schools, and militaryfamilies.
G. Promoting coordination among this compact and othercompacts affecting children of military families.
H. Promoting flexibility and cooperation among the educationalsystem, students, and families to achieve educational successfor the students.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-2
Definitions
Sec. 2. ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires adifferent construction:
A. "Active duty" means full-time duty status in the armed forcesof the United States or the National Guard and Reserve onactive duty orders under 10 U.S.C. 1209 and 10 U.S.C 1211.
B. "Children of military families" means school aged childrenwho are enrolled in kindergarten through grade 12 and aremembers of the household of an active duty member.
C. "Compact commissioner" means the voting representative ofeach member state appointed under section 9 of this chapter.
D. "Deployment" means the period beginning one (1) month
before a service member departs from the member's homestation on military orders and ending six (6) months after theservice member returns to the member's home station.
E. "Educational records" means the official records, files, anddata that are directly related to a student and maintained by aschool or local education agency. The term includes generalidentifying data, records of attendance and academic workcompleted, records of achievement and results of evaluativetests, health data, disciplinary status, test protocols, andindividualized education programs.
F. "Extracurricular activities" means voluntary activitiessponsored by a school, a local education agency, or anorganization approved by a local education agency. The termincludes preparation for and involvement in publicperformances, contests, athletic competitions, demonstrations,displays, and club activities.
G. "Interstate commission" refers to the interstate commissionon Educational Opportunity for Military Children created byArticle IX of this compact.
H. "Local education agency" means a public administrativeagency authorized by the state to control and direct kindergartenthrough grade 12 public educational institutions.
I. "Member state" means a state that has enacted this compact.
J. "Military installation" means a base, a camp, a post, a station,a yard, a center, a homeport facility for a ship, or any otheractivity under the jurisdiction of the United States Departmentof Defense. The term includes a leased facility located withinthe United States, the District of Columbia, the Commonwealthof Puerto Rico, the United States Virgin Islands, Guam,American Samoa, the Northern Marianas Islands, or any otherUnited States territory. The term does not include a facility usedprimarily for civil works, rivers and harbors projects, or floodcontrol projects.
K. "Nonmember state" means a state that has not enacted thiscompact.
L. "Receiving state" means the state to which a child of amilitary family is sent, brought, or caused to be sent or brought.
M. "Rule" means a written statement by the interstatecommission adopted under Article XII of this compact that is ofgeneral applicability, that implements, interprets, or prescribesa policy of provision of the interstate compact, and that has theforce and effect of statutory law on a member state. The termincludes the amendment, repeal, or suspension of an existingrule.
N. "Sending state" means the state from which a child of amilitary family 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 United StatesVirgin Islands, Guam, American Samoa, the Northern MarianasIslands, or any other United States territory. P. "Student" means a child of a military family for whom a localeducation agency receives public funding and who is formallyenrolled in kindergarten through grade 12.
Q. "Transition" means the formal and physical process oftransferring a student between schools or the period duringwhich a student transfers from a school in the sending state toa school in the receiving states.
R. "Uniformed services" means the United States Army, Navy,Air Force, Marine Corps, or Coast Guard. The term includes thecommission corp of the National Oceanic and AtmosphericAdministration and the Public Health Services.
S. "Veteran" means an individual who served in and wasdischarged or released from the uniformed services underconditions other than dishonorable.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-3
Applicability
Sec. 3. ARTICLE III. APPLICABILITY
A. Except as otherwise provided in paragraph B, this compactapplies to the children of the following:
1. An active duty member of the uniformed services, includinga member of the National Guard and Reserve on active dutyorders under 10 U.S.C. 1209 and 10 U.S.C 1211.
2. A member or veteran of the uniformed services who isseverely injured and medically discharged or retired for at leastone (1) year after medical discharge or retirement.
3. A member of the uniformed services who dies on active dutyor as a result of injuries sustained on active duty, for one (1)year after the member's death.
B. This compact applies only to local education agencies asdefined in this compact.
C. This compact does not apply to the children of the following:
1. Inactive members of the National Guard and militaryreserves.
2. Retired members of the uniformed services, except asprovided in paragraph A.
3. Veterans of the uniformed services, except as provided inparagraph A.
4. Other United States Department of Defense personnel andother federal agency civilian and contract employees notdefined as active duty members of the uniformed services.
As added by P.L.21-2009, SEC.1. Amended by P.L.1-2010, SEC.81.
IC 20-38-3-4
Educational records and enrollment
Sec. 4. ARTICLE IV. EDUCATIONAL RECORDS ANDENROLLMENT
A. If official educational records cannot be released to the parentsfor the purpose of transfer, the custodian of the records in the
sending state shall prepare and furnish to the parent a complete setof unofficial educational records containing uniform information asdetermined by the interstate commission. Upon receipt of theunofficial educational records by a school in the receiving state, theschool shall enroll and appropriately place the student based on theinformation provided in the unofficial records, pending validation bythe official records, as quickly as possible.
B. At the same time as the enrollment and conditional placementof the student, the school in the receiving state shall request thestudent's official educational record from the school in the sendingstate. Upon receipt of this request, the school in the sending stateshall process and furnish the official educational records to theschool in the receiving state within ten (10) days of such time as isreasonably determined under the rules adopted by the interstatecommission.
C. Member states shall give thirty (30) days after the date ofenrollment, or within such time as is reasonably determined underthe rules adopted by the interstate commission, for students to obtainimmunizations required by the receiving state. For a series ofimmunizations, initial vaccinations must be obtained within thirty(30) days or within such time as is reasonably determined under therules adopted by the interstate commission.
D. Students may continue their enrollment at grade level in thereceiving state commensurate with their grade level (includingkindergarten) from a local education agency in the sending state atthe time of transition, regardless of age. A student who hassatisfactorily completed the prerequisite grade level in the localeducation agency in the sending state is eligible for enrollment in thenext highest grade level in the receiving state, regardless of age. Astudent who transfers after the start of the school year in thereceiving state shall enter the school in the receiving state on thestudent's validated level from an accredited school in the sendingstate.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-5
Placement and attendance
Sec. 5. ARTICLE V. PLACEMENT AND ATTENDANCE
A. When a student transfers before or during a school year, thereceiving state school initially shall honor placement of the studentin educational courses based on the student's enrollment in thesending state school, on educational assessments conducted at theschool in the sending state if the courses are offered, or on both theenrollment and assessments. Course placement includes honors,international baccalaureate, advanced placement, vocational,technical, and career pathways courses. Continuing the student'sacademic program from the previous school and promotingplacement in academically and career challenging courses areparamount when considering placement. The school in the receivingstate may perform subsequent evaluations to ensure appropriate
placement and continued enrollment of the student in the courses.
B. The receiving state school initially shall honor placement of astudent in educational programs based on current educationalassessments conducted at the school in the sending state or byparticipation or placement in similar programs in the sending state.Similar programs include gifted and talented programs and Englishas a second language programs. A school in a receiving state mayperform subsequent evaluations to ensure appropriate placement ofa student.
C. In compliance with the federal requirements of the Individualswith Disabilities Education Act, 20 U.S.C. 1400 et seq., the receivingstate shall initially provide comparable services to a student withdisabilities based on the student's current individualized educationprogram.
D. In compliance with the requirements of Section 504 of theRehabilitation Act, 29 U.S.C. 794, and with Title II of the Americanswith Disabilities Act, 42 U.S.C. 12131 through 12165, the receivingstate shall make reasonable accommodations and modifications toaddress the needs of incoming students with disabilities, subject toan existing 504 Plan or Title II Plan, to provide the student withequal access to education. A school in a receiving state may performsubsequent evaluations to ensure appropriate placement of a student.
E. Local education agency administrative officials have flexibilityin waiving course or program prerequisites or other preconditions forplacement in courses or programs offered under the jurisdiction ofthe local education agency.
F. A student whose parent or legal guardian is an active dutymember of the uniformed services and has been called to duty for, ison leave from, or has immediately returned from deployment to acombat zone or combat support posting, shall be granted additionalexcused absences at the discretion of the local education agencysuperintendent to visit with the parent or legal guardian before theleave or deployment.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-6
Eligibility
Sec. 6. ARTICLE VI. ELIGIBILITY
A. Eligibility for enrollment
1. A special power of attorney, relative to the guardianship ofa child of a military family, is sufficient for the purposes ofenrollment and all other actions requiring parental participationand consent.
2. A local education agency is prohibited from charging localtuition to a transitioning child of a military family placed in thecare of a noncustodial parent or another person standing in locoparentis who lives in a jurisdiction other than the jurisdiction ofthe custodial parent.
3. A transitioning child of a military family, placed in the careof a noncustodial parent or another person standing in loco
parentis who lives in a jurisdiction other than the jurisdiction ofthe custodial parent, may attend the school in which the childwas enrolled while residing with the custodial parent.
B. States and local education agencies shall facilitate theopportunity for the inclusion of transitioning children of militaryfamilies in extracurricular activities, regardless of applicationdeadlines, to the extent the children are otherwise qualified.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-7
Graduation
Sec. 7. ARTICLE VII. GRADUATION
To facilitate the on time graduation of children of militaryfamilies, states and local education agencies shall follow thefollowing procedures:
A. Local education agency administrative officials shall waivespecific courses required for graduation if a student has satisfactorilycompleted similar course work in another local education agency. Ifa local education agency does not grant a waiver to a student whowould qualify to graduate from the sending school, the localeducation agency must provide reasonable justification for denial ofthe waiver and provide alternative means to acquire the requiredcourse work so the student may graduate on time.
B. A receiving state shall accept any of the following in place oftesting requirements for graduation in the receiving state:
1. Exit or end of course exams required for graduation from thesending state.
2. National norm referenced achievement tests.
3. Alternative testing.
If a receiving state fails to accept an alternative listed in thisparagraph for a student transferring during the student's senior year,paragraph C applies.
C. If a student who transfers at the beginning of the student'ssenior year is ineligible to graduate from the receiving localeducation agency after all alternatives under paragraph B have beenconsidered, the sending and receiving local education agencies shallensure the receipt of a diploma from the sending local educationagency if the student meets the graduation requirements of thesending local education agency. If a sending or receiving state is nota member state, the state that is a member state shall use best effortsto facilitate the on time graduation of the student under paragraphsA and B.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-8
State coordination
Sec. 8. ARTICLE VIII. STATE COORDINATION
A. A member state shall create a state council or use an existingbody or board to coordinate the actions of government agencies,local education agencies, and military installations concerning the
state's participation in and compliance with this compact andinterstate commission activities. A state council created under thissection must include at least the following members:
1. The state superintendent of education.
2. A superintendent of a school district with a highconcentration of children of military families. If a member statedoes not contain a school district with a high concentration ofchildren of military families, a superintendent of a schooldistrict to represent local education agencies.
3. A representative of a military installation.
4. A member of the legislative branch.
5. A member of the executive branch.
B. The state council of each member state shall appoint ordesignate a military family education liaison to assist militaryfamilies and the state in facilitating the implementation of thiscompact.
C. The compact commissioner responsible for the administrationand management of a member state's participation in this compactshall be appointed by the governor of the member state or asotherwise determined by the member state.
D. The compact commissioner and the military family educationliaison appointed under this section are ex officio members of thestate council unless either is already a voting member of the statecouncil.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-9
Interstate commission on educational opportunity for militarychildren
Sec. 9. ARTICLE IX. INTERSTATE COMMISSION ONEDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the interstate commission onEducational Opportunity for Military Children. The activities of theinterstate commission are the formation of public policy and are adiscretionary state function. The interstate commission:
A. Is a body corporate and joint agency of the member states andhas all the responsibilities, powers, and duties set forth in thiscompact and such additional powers as may be conferred upon it bya subsequent concurrent action of the legislatures of the memberstates under the terms of this compact.
B. Consists of one (1) interstate commission voting representativefrom each member state who is the member state's compactcommissioner.
1. Each member state represented at a meeting of the interstatecommission is entitled to one (1) vote.
2. A majority of the total member states constitutes a quorumfor the transaction of business unless the bylaws of theinterstate commission require a larger quorum.
3. A representative may not delegate a vote to another memberstate. If a compact commissioner is unable to attend a meeting
of the interstate commission, the governor or the state councilmay delegate voting authority to another person from thecompact commissioner's state for a specified meeting.
4. The bylaws may provide for meetings of the interstatecommission to be conducted by telecommunication orelectronic communication.
C. Consists of ex officio, nonvoting representatives who aremembers of interested organizations, including members of therepresentative organizations of military family advocates, localeducation agency officials, parent and teacher groups, the UnitedStates Department of Defense, the Education Commission of theStates, the Interstate Agreement on the Qualification of EducationalPersonnel, and other interstate compacts affecting the education ofchildren of military families.
D. Shall meet at least one (1) time each calendar year. Thechairperson may call additional meetings and, upon the request of asimple majority of the member states, must call additional meetings.
E. Shall establish an executive committee. Members of theexecutive committee include the officers of the interstate commissionand other members of the interstate commission as determined by thebylaws. Members of the executive committee shall serve a one (1)year term. Members of the executive committee are entitled to one(1) vote each. The executive committee has the power to act onbehalf of the interstate commission, except for rulemaking, duringperiods when the interstate commission is not in session. Theexecutive committee shall oversee the daily activities of theadministration of this compact, including enforcement andcompliance with this compact, its bylaws, and its rules, and othernecessary duties. The United States Department of Defense is an exofficio nonvoting member of the executive committee.
F. Shall establish bylaws and rules that provide for conditions andprocedures under which the interstate commission shall make itsinformation and official records available to the public for inspectionor copying. The interstate commission may exempt from disclosureinformation or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.
G. Shall give public notice of all meetings. All meetings are opento the public except as set forth in the rules or as otherwise providedin this compact. The interstate commission and its committees mayclose a meeting or part of a meeting if the interstate commissiondetermines by a two-thirds (2/3) majority that an open meeting wouldbe likely to:
1. relate solely to the interstate commission's internal personnelpractices and procedures;
2. disclose matters specifically exempted from disclosure byfederal or state law;
3. disclose trade secrets or privileged or confidentialcommercial or financial information;
4. involve accusing a person of a crime or formally censuring aperson; 5. disclose information of a personal nature in a clearlyunwarranted 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 another legal proceedings.
H. Shall cause its legal counsel or designee to certify that ameeting may be closed and reference each relevant exemptibleprovision for any meeting or part of a meeting that is closed underthis section. The interstate commission shall keep minutes that fullyand clearly describe all matters discussed in a meeting and providea full and accurate summary of actions taken and the reasons fortaking the actions, including a description of the views expressed andthe record of a roll call vote. All documents considered in connectionwith an action must be identified in the minutes. All minutes anddocuments of a closed meeting shall remain under seal, subject torelease by a majority vote of the interstate commission.
I. Shall collect standardized data concerning the educationaltransition of the children of military families under this compact asdirected through the interstate commission's rules. The rules mustspecify the data to be collected, the means of collection, and dataexchange and reporting requirements. The methods of datacollection, exchange, and reporting must, to the extent reasonablypossible, conform to current technology and coordinate informationfunctions with the appropriate custodian of records as identified inthe interstate commission's bylaws and rules.
J. Shall create a process to permit military officials, educationofficials, and parents to inform the interstate commission of allegedviolations of this compact or the rules of the interstate commissions,or when issues subject to the jurisdiction of this compact or the rulesof the interstate commission are not addressed by a state or localeducation agency. This section may not be construed to create aprivate right of action against the interstate commission or anymember state.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-10
Powers and duties of commission
Sec. 10. ARTICLE X. POWERS AND DUTIES OF THEINTERSTATE COMMISSION
The interstate commission has the following powers:
A. To provide for dispute resolution among member states.
B. To adopt rules and take all necessary actions to effect thegoals, purposes, and obligations set forth in this compact. The ruleshave the force and effect of statutory law and are binding in themember 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 this compact or thebylaws, rules, or actions of the interstate commission. D. To enforce compliance with compact provisions, rules adoptedby the interstate commission, and the bylaws, using all necessary andproper means, including the use of judicial process.
E. To establish and maintain offices located within one (1) ormore member states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire, or contract for personnel services.
H. To establish and appoint committees, including an executivecommittee required by Article IX, Section E. The executivecommittee has the power to act on behalf of the interstatecommission in carrying out the powers and duties of the interstatecommission.
I. To elect or appoint officers, attorneys, employees, agents, orconsultants, and to fix their compensation, define their duties, anddetermine their qualifications, and to establish the interstatecommission's personnel policies and programs relating to conflictsof interest, rates of compensation, and qualifications of personnel.
J. To accept donations and grants of money, equipment, supplies,materials, and services, and to receive, use, and dispose of thedonations and grants.
K. To lease, purchase, accept contributions or donations of, orotherwise own, hold, improve, or use any property.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon,or otherwise dispose of any property.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management andoperation of the interstate commission.
O. To report annually to the legislatures, governors, judiciary, andthe state councils of the member states about the activities of theinterstate commission during the preceding year. A report mustinclude any recommendations adopted by the interstate commission.A report to the general assembly must be in an electronic formatunder IC 5-14-6.
P. To coordinate education, training, and public awareness forofficials and parents regarding the compact and its implementationand operation.
Q. To establish uniform standards for the reporting, collecting,and exchanging of data.
R. To maintain corporate books and records in accordance withthe bylaws.
S. To perform necessary and appropriate functions to achieve thepurposes of this compact.
T. To provide for the uniform collection and sharing ofinformation among member states, schools, and military familiesunder this compact.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-11
Organization and operation of commission
Sec. 11. ARTICLE XI. ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
A. The interstate commission shall, by a majority of memberspresent and voting, within twelve (12) months after the first interstatecommission meeting, adopt bylaws to govern its conduct and carryout the purposes of this compact, including the following:
1. Establishing the fiscal year of the interstate commission.
2. Establishing an executive committee and other necessarycommittees.
3. Providing for the establishment of committees and forgoverning any delegation of authority or function of theinterstate commission.
4. Providing reasonable procedures for calling and conductingmeetings of the interstate commission and ensuring reasonablenotice of each 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 existingupon the termination of the compact after the payment andreserving of all the debts and obligations of the interstatecommission.
7. Providing "start up" rules for initial administration of thiscompact.
B. The interstate commission shall, by a majority of members,elect annually from its members a chairperson, a vice chairperson,and a treasurer, each of whom has the authority and duties specifiedin the bylaws. The chairperson or vice chairperson, as applicable,shall preside at all meetings of the interstate commission. The electedofficers shall serve without compensation or remuneration from theinterstate commission. However, subject to the availability ofbudgeted funds, the officers shall be reimbursed for ordinary andnecessary costs and expenses incurred in the performance of theirresponsibilities as officers of the interstate commission.
C. Executive Committee, Officers, and Personnel
1. The executive committee has the authority and duties setforth in the bylaws, including:
a. managing the affairs of the interstate commission in amanner consistent with the bylaws and purposes of theinterstate commission;
b. overseeing an organizational structure within, andappropriate procedures for, the interstate commission toprovide for the creation of rules, operating procedures, andadministrative and technical support functions; and
c. planning, implementing, and coordinatingcommunications and activities with other state, federal, andlocal government organizations to advance the goals of theinterstate commission.
2. The executive committee may, subject to the approval of theinterstate commission, appoint or retain an executive directorfor a period, upon such terms and conditions, and for such
compensation as the interstate commission may considerappropriate. The executive director shall serve as secretary tothe interstate commission but is not a member of the interstatecommission. The executive director shall hire and superviseother persons authorized by the interstate commission.
D. The interstate commission's executive director and interstatecommission employees are immune from suit and liability,personally or in their official capacities, for a claim for damage to orloss of property or personal injury or other civil liability caused orarising out of or relating to an actual or alleged act, error, oromission that occurred, or that such a person had a reasonable basisfor believing occurred, within the scope of interstate commissionemployment, duties, or responsibilities. However, a person is notprotected from suit or liability for damage, loss, injury, or liabilitycaused by the intentional or willful and wanton misconduct of theperson.
1. The liability of the interstate commission's executive director,an employee, or a representative, acting within the scope of theperson's employment or duties for acts, errors, or omissionsoccurring within the person's state may not exceed the limits ofliability set forth under the Constitution and laws of that statefor state officials, employees, and agents. The interstatecommission is an instrumentality of the states for purposes ofsuch an action. This subsection shall be construed to protectsuch person from suit or liability for damage, loss, injury, orliability caused by the intentional or willful and wantonmisconduct of the person.
2. The interstate commission shall defend the executive directorand its employees and, subject to the approval of the attorneygeneral or other appropriate legal counsel of a member staterepresented by an interstate commission representative, shalldefend the interstate commission representative in a civil actionseeking to impose liability arising out of an actual or allegedact, error, or omission that occurred within the scope ofinterstate commission employment, duties or responsibilities, orthat the defendant reasonably believed occurred within thescope of interstate commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, oromission did not result from intentional or willful and wantonmisconduct on the part of the defendant.
3. To the extent not covered by the state involved, a memberstate, the interstate commission, and the representatives andemployees of the interstate commission are held harmless in theamount of a settlement or judgment, including attorney's feesand costs, obtained against persons arising out of an actual oralleged act, error, or omission that occurred within the scope ofinterstate commission employment, duties, or responsibilities,or that the persons reasonably believed occurred within thescope of interstate commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wantonmisconduct on the part of the persons.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-12
Rulemaking functions of commission
Sec. 12. ARTICLE XII. RULEMAKING FUNCTIONS OF THEINTERSTATE COMMISSION
A. The interstate commission shall adopt reasonable rules toeffectively and efficiently achieve the purposes of this compact.However, if the interstate commission exercises its rulemakingauthority in a manner that is beyond the scope of the purposes of orpower granted under this compact, the action by the interstatecommission is invalid and has no force or effect.
B. Rules shall be made under a rulemaking process thatsubstantially conforms to the "Model State Administrative ProcedureAct," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) asamended, as may be appropriate to the operations of the interstatecommission.
C. Not later than thirty (30) days after a rule is adopted, a personmay file a petition for judicial review of the rule. However, the filingof a petition does not stay or otherwise prevent the rule frombecoming effective unless a court finds that the petitioner has asubstantial likelihood of success. The court shall defer to the actionsof the interstate commission consistent with applicable law and shallnot 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 member states rejects arule by enactment of a statute or resolution in the same manner usedto adopt the compact, the rule has no further force and effect in anycompacting state.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-13
Oversight, enforcement, and dispute resolution
Sec. 13. ARTICLE XIII. OVERSIGHT, ENFORCEMENT, ANDDISPUTE RESOLUTION
A. Oversight
1. The executive, legislative, and judicial branches of stategovernment in each member state shall enforce this compactand take all actions necessary and appropriate to effectuate thecompact's purposes and intent. This compact and the rulesadopted under this compact have standing as statutory law.
2. All courts shall take judicial notice of this compact and therules adopted under this compact in any judicial oradministrative proceeding in a member state pertaining to thesubject matter of this compact that may affect the powers,responsibilities, or actions of the interstate commission.
3. The interstate commission is entitled to receive all service ofprocess in any proceeding and has standing to intervene in the
proceeding for all purposes. Failure to provide service ofprocess to the interstate commission renders a judgment or anorder void as to the interstate commission, this compact, oradopted rules.
B. If the interstate commission determines that a member state hasdefaulted in the performance of its obligations or responsibilitiesunder this compact, the bylaws, or the adopted rules, the interstatecommission shall do the following:
1. Provide written notice to the defaulting state and othermember states of the nature of the default, the means of curingthe default, and any action taken by the interstate commission.The interstate commission shall specify the conditions by whichthe defaulting state must cure its default.
2. Provide remedial training and specific technical assistanceregarding the default.
3. If the defaulting state fails to cure the default, the defaultingstate shall be withdrawn from this compact upon an affirmativevote of a majority of the member states, and all rights,privileges, and benefits conferred by this compact areterminated from the effective date of the defaulting state'swithdrawal. A cure of the default does not relieve the offendingstate of obligations or liabilities incurred during the period ofthe default.
4. Suspension or termination of membership in this compactshall be imposed only after all other means of securingcompliance have been exhausted. Notice of intent to suspend orwithdraw shall be given by the interstate commission to thegovernor, the majority and minority leaders of the defaultingstate's legislature, and each of the member states.
5. The member state that has been suspended or withdrawn isresponsible for all assessments, obligations, and liabilitiesincurred through the effective date of its suspension ortermination, including obligations, the performance of whichextends beyond the effective date of suspension or withdrawal.
6. The interstate commission shall not bear any costs relating toany member state that has been found to be in default or thathas been suspended or withdrawn from this compact unlessotherwise mutually agreed upon in writing between theinterstate commission and the defaulting member state.
7. The defaulting member state may appeal the action of theinterstate commission by petitioning the United States DistrictCourt for the District of Columbia or the federal district wherethe interstate commission has its principal offices. Theprevailing 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 ofa member state, to resolve disputes that are subject to thiscompact and that may arise among member states and betweenmember and nonmember states. 2. The interstate commission shall adopt a rule providing forboth mediation and binding dispute resolution for disputes asappropriate.
D. Enforcement
1. The interstate commission, in the reasonable exercise of itsdiscretion, shall enforce the provisions and rules of thiscompact.
2. The interstate commission may, by majority vote of themembers, initiate legal action in the United States District Courtfor the District of Columbia or, at the discretion of the interstatecommission, in the federal district where the interstatecommission has its principal offices, to enforce compliancewith this compact and its adopted rules and bylaws against amember state in default. The relief sought may include bothinjunctive relief and damages. In the event judicial enforcementis necessary, the prevailing party shall be awarded all costs ofsuch litigation, including reasonable attorney's fees.
3. The remedies set forth in this section are not the exclusiveremedies of the interstate commission. The interstatecommission may avail itself of any other remedies availableunder state law or the regulation of a profession.
As added by P.L.21-2009, SEC.1. Amended by P.L.1-2010, SEC.82.
IC 20-38-3-14
Financing of commission
Sec. 14. ARTICLE XIV. FINANCING OF THE INTERSTATECOMMISSION
A. The interstate commission shall pay, or provide for thepayment of, the reasonable expenses of its establishment,organization, and ongoing activities.
B. The interstate commission may levy on, and collect an annualassessment from, each member state to cover the cost of theoperations and activities of the interstate commission and its staff.The total amount of the assessment must be sufficient to cover theinterstate commission's annual budget as approved each year. Thetotal annual assessment amount shall be allocated based upon aformula to be determined by the interstate commission, which shalladopt a rule binding upon all member states.
C. The interstate commission may not incur obligations of anykind before securing the funds adequate to meet the obligations, norshall the interstate commission pledge the credit of any of themember states, except by 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 are subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the interstate commission shall beaudited yearly by a certified or licensed public accountant, and thereport of the audit shall be included in and become part of the annualreport of the interstate commission.As added by P.L.21-2009, SEC.1.
IC 20-38-3-15
Member states, effective date, and amendment
Sec. 15. ARTICLE XV. MEMBER STATES, EFFECTIVEDATE, AND AMENDMENT
A. Any state is eligible to become a member state.
B. This compact becomes effective and binding upon legislativeenactment of the compact into law by at least ten (10) of the states.It becomes 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 inthe activities of the interstate commission on a nonvoting basisbefore adoption of the compact by all states.
C. The interstate commission may propose amendments to thiscompact for enactment by the member states. An amendment shallnot become effective and binding upon the interstate commission andthe member states unless and until the amendment is enacted into lawby unanimous consent of the member states.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-16
Withdrawal and dissolution
Sec. 16. ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, this compact continues in force and remainsbinding upon each and every member state. However, a memberstate may withdraw from this compact by repealing the statutethat enacted the compact into law.
2. Withdrawal from this compact shall be by repealing thestatute that enacted this compact into law but does not takeeffect until one (1) year after the effective date of the repealingstatute and until written notice of the withdrawal has been givenby the withdrawing state to the governor of each other memberstate.
3. The withdrawing state shall immediately notify thechairperson of the interstate commission in writing upon theintroduction of legislation repealing this compact in thewithdrawing state. The interstate commission shall notify theother member states of the withdrawing state's intent towithdraw within sixty (60) days of its receipt of the writtennotification.
4. The withdrawing state is responsible for all assessments,obligations, and liabilities incurred through the effective date ofits withdrawal, including obligations, the performance of whichextend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shalloccur upon the withdrawing state reenacting this compact orupon a later date as determined by the interstate commission.
B. Dissolution of Compact 1. This compact dissolves effective upon the date of thewithdrawal or default of the member state that reduces themembership in the compact to one (1) member state.
2. Upon the dissolution of this compact, this compact becomesvoid and is of no further force or effect, and the business andaffairs of the interstate commission shall be concluded, andsurplus funds shall be distributed, in accordance with thebylaws.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-17
Severability and construction
Sec. 17. ARTICLE XVII. SEVERABILITY ANDCONSTRUCTION
A. The provisions of this compact are severable, and if anyphrase, clause, sentence, or provision is considered unenforceable,the remaining provisions of this compact are enforceable.
B. The provisions of this compact shall be liberally construed toeffectuate its purposes.
C. This compact may not be construed to prohibit the applicabilityof other interstate compacts to which the states are members.
As added by P.L.21-2009, SEC.1.
IC 20-38-3-18
Binding effect of compact and other laws
Sec. 18. ARTICLE XVIII. BINDING EFFECT OF COMPACTAND OTHER LAWS
A. Other Laws
1. This compact does not prevent the enforcement of any otherlaw of a member state that is not inconsistent with this compact.
2. All member states' laws that conflict 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 adopted by the interstate commission, arebinding upon the member states.
2. All agreements between the interstate commission and themember states are binding in accordance with their terms.
3. If a provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, theprovision is ineffective to the extent of the conflict with theconstitutional provision in question in that member state.
As added by P.L.21-2009, SEC.1.