State Codes and Statutes

      72-60c01.   Interstate compact on educationalopportunity for military children.The interstate compact on educational opportunity for militarychildren is hereby enacted into law and entered into with all jurisdictionslegally joining therein, in the form substantially as follows:

      It is the purpose of this compact to remove barriers to educational successimposed on children ofmilitary families because of frequent moves and deployment of their parents by:

      A.   Facilitating the timely enrollment of children of military families andensuring that theyare not placed at a disadvantage due to difficulty in the transfer ofeducationalrecords from theprevious school district or variations in entrance or age requirements.

      B.   Facilitating the student placement process through which children ofmilitary families arenot disadvantaged by variations in attendance requirements, scheduling,sequencing, grading,course content or assessment.

      C.   Facilitating the qualification and eligibility for enrollment, educationalprograms, andparticipation 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 rulesimplementing theprovisions of this compact.

      F.   Providing for the uniform collection and sharing of information betweenand amongmember states, schools and military families under this compact.

      G.   Promoting coordination between this compact and other compacts affectingmilitarychildren.

      H.   Promoting flexibility and cooperation between the educational system,parents and thestudent in order to achieve educational success for the student.

      As used in this compact, unless the context clearly requires a differentconstruction:

      A.   "Active duty" means full-time duty status in the active uniformed serviceof the UnitedStates, including members of the national guard and reserve on active dutyorders pursuant to10 U.S.C. section 1209 and 1211.

      B.   "Children of military families" means school-aged children, enrolledin kindergarten or any of the grades one through 12, in the household of anactiveduty member.

      C.   "Compact commissioner" means the voting representative of each compactingstateappointed pursuant to article VIII of this compact.

      D.   "Deployment" means the period one month prior to the service members'departurefrom their home station on military orders through six months after returnto their homestation.

      E.   "Educational records" means those official records, files and datadirectly related to astudent and maintained by the school or local education agency, including butnot limited torecords encompassing all the material kept in the student's cumulative foldersuch as generalidentifying data, records of attendance and of academic work completed, recordsof achievementand results of evaluative tests, health data, disciplinary status, testprotocols and individualizededucation programs.

      F.   "Extracurricular activities" means voluntary activities sponsored by theschool or localeducation agency or an organization sanctioned by the local education agency.Extracurricularactivities include, but are not limited to, preparation for and involvement inpublic performances,contests, athletic competitions, demonstrations, displays and club activities.

      G.   "Interstate commission on educational opportunity for military children"means thecommission that is created under article IX of this compact, which is generallyreferred to asinterstate commission.

      H.   "Local education agency" means a public authority legally constituted bythe state as anadministrative agency to provide control of and direction for kindergartenand grades one through 12 in public schools.

      I.   "Member state" means a state that has enacted this compact.

      J.   "Military installation" means a base, camp, post, station, yard,center, homeportfacility for any ship or other activity under the jurisdiction of thedepartment of defense,including any leased facility, which is located within any of the severalStates, 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 notinclude anyfacility used primarily for civil works, rivers and harbors projects or floodcontrol projects.

      K.   "Non-member state" means a state that has not enacted this compact.

      L.   "Receiving state" means the state to which a child of a military familyis sent, brought orcaused to be sent or brought.

      M.   "Rule" means a written statement by the interstate commission promulgatedpursuant toarticle XII of this compact that is of general applicability, implements,interprets or prescribes a policy or provision of the compact, or anorganizational, procedural, or practice requirement ofthe interstate commission, and has the force and effect of statutory law in amember state, andincludes the amendment, repeal, or suspension of an existing rule.

      N.   "Sending state" means the state from which a child of a military family issent, broughtor caused to be sent or brought.

      O.   "State" means a state of the United States, the District of Columbia, theCommonwealthof Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the NorthernMarianas Islandsand any other U.S. Territory.

      P.   "Student" means: the child of a military family for whom the localeducation agencyreceives public funding and who is formally enrolled in kindergarten or any ofthe grades one through 12.

      Q.   "Transition" means (1) the formal and physical process of transferringfrom school toschool or (2) the period of time in which a student moves from one school inthesending state toanother school in the receiving state.

      R.   "Uniformed services" means the army, navy, air force, marine corps,coast guard aswell as the commissioned corps of the national oceanic and atmosphericadministration andpublic health services.

      S.   "Veteran" means a person who served in the uniformed services and who wasdischargedor released there from under conditions other than dishonorable.

      A.   Except as otherwise provided in subsection B, this compact shall apply tothechildren of:

      1.   Active duty members of the uniformed services as defined in this compact,includingmembers of the national guard and reserve on active duty orders pursuant to 10U.S.C. section1209 and 1211;

      2.   members or veterans of the uniformed services who are severely injured andmedicallydischarged or retired for a period of one year after medical discharge orretirement; and

      3.   members of the uniformed services who die on active duty or as a result ofinjuriessustained on active duty for a period of one year after death.

      B.   The provisions of this interstate compact shall only apply to localeducation agencies asdefined 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 inparagraph 1;

      3.   veterans of the uniformed services, except as provided in paragraph 1;and

      4.   other United States department of defense personnel and other federalagency civilianand contractemployees not defined as active duty members of the uniformed services.

      A.   Unofficial or "hand-carried" education records - In the event thatofficial educationrecords cannot be released to the parents for the purpose of transfer, thecustodian of the recordsin the sending state shall prepare and furnish to the parent a complete set ofunofficialeducational records containing uniform information as determined by theinterstate commission.Upon receipt of the unofficial education records by a school in the receivingstate, the school shall enroll and appropriately place the student based on theinformationprovided in theunofficial records pending validation by the official records, as quickly aspossible.

      B.   Official education records or transcripts - Simultaneous with theenrollmentand conditionalplacement of the student, the school in the receiving state shall request thestudent's officialeducation record from the school in the sending state. Upon receipt of thisrequest, the school inthe sending state will process and furnish the official education records tothe school in thereceiving state within 10 days or within such time as is reasonablydetermined under therules promulgated by the interstate commission.

      C.   Immunizations - Compacting states shall allow 30 days from the date ofenrollmentor within such time as is reasonably determined under the rules promulgated bythe InterstateCommission, for students to obtain any immunizations required by the receivingstate. For aseries of immunizations, initial vaccinations must be obtained within30 days or withinsuch time as is reasonably determined under the rules promulgated by theinterstate commission.

      D.   Kindergarten and First grade entrance age - Students shall be allowed tocontinue theirenrollment at grade level in the receiving state commensurate with their gradelevelfrom a local education agency in the sending state at the time of transition,regardless of age. A student that has satisfactorily completed the prerequisitegrade level in thelocal education agency in the sending state shall be eligible for enrollment inthe next highestgrade level in the receiving state, regardless of age. A student transferringafter the start of theschool year in the receiving state shall enter the school in the receivingstate on their validatedlevel from an accredited school in the sending state.

      A.   Course placement - When the student transfers before or during the schoolyear, thereceiving state school initially shall honor placement of the student ineducational courses basedon the student's enrollment in the sending state school or educationalassessments conductedat the school in the sending state if the courses are offered. Course placementincludes but is notlimited to honors, international baccalaureate, advanced placement, vocational,technical and career pathways courses. Continuing the student's academicprogram from the previous schooland promoting placement in academically and career challenging courses shouldbe paramountwhen considering placement. This does not preclude the school in the receivingstate fromperforming subsequent evaluations to ensure appropriate placement and continuedenrollment ofthe student in such courses.

      B.   Educational program placement - The receiving state school initially shallhonorplacement of the student in educational programs based on current educationalassessmentsconducted at the school in the sending state or participation or placement inlikeprograms in thesending state. Such programs include, but are not limited to, gifted andtalented programsand English as a second language (ESL). This does not preclude the school inthe receivingstate from performing subsequent evaluations to ensure appropriate placement ofthe student.

      C.   Special education services - (1) In compliance with the federalrequirements of theindividuals with disabilities education act (IDEA), 20 U.S.C.A. section 1400et seq., thereceiving state initially shall provide comparable services to a student withdisabilities based onthe student's current individualized education program (IEP). (2) In compliancewith therequirements of section 504 of the rehabilitation act, 29 U.S.C.A. section 794,and with Title IIof the Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, thereceiving stateshall make reasonable accommodations and modifications to address the needs ofincomingstudents with disabilities, subject to an existing 504 or Title II plan, toprovide the student withequal access to education. This does not preclude the school in the receivingstate fromperforming subsequent evaluations to ensure appropriate placement of thestudent.

      D.   Placement flexibility - Local education agency administrative officialsshall haveflexibility in waiving course and program prerequisites or other preconditionsforplacement incourses and programs offered under the jurisdiction of the local educationagency.

      E.   Absence as related to deployment activities - A student whose parent orlegal guardian isan active duty member of the uniformed services andhas been calledto duty for, is on leave from, or immediately returned from deployment to acombat zone orcombat support posting, shall be granted additional excused absences at thediscretion of thelocal education agency superintendent to visit with the student's parent orlegal guardian relative tosuch leave or deployment of the parent or guardian.

      A.   Eligibility for enrollment

      1.   Special power of attorney, relative to the guardianship of a child of amilitary family andexecuted under applicable law shall be sufficient for the purposes ofenrollment and all otheractions requiring parental participation and consent.

      2.   A local education agency shall be prohibited from charging local tuitionto a transitioningmilitary child placed in the care of a non-custodial parent or other personstanding in locoparentis who lives in a jurisdiction other than that of the custodial parent.

      3.   A transitioning military child, placed in the care of a non-custodialparent or other person standing in loco parentis who lives in a jurisdictionother than that of the custodial parent, maycontinue to attend the school in which the child was enrolled while residingwiththe custodialparent.

      B.   Eligibility for extracurricular participation - State and local educationagencies shallfacilitate the opportunity for transitioning military children's inclusion inextracurricularactivities, regardless of application deadlines, to the extent they areotherwise qualified.

      In order to facilitate the on-time graduation of children of military families:

      A.   Waiver requirements - Local education agency administrative officialsshall waivespecific courses required for graduation if similar course work has beensatisfactorily completedin another local education agency or shall provide reasonable justification fordenial. Should awaiver not be granted to a student who would qualify to graduate from thesending school, thelocal education agency shall provide an alternative means of acquiring requiredcoursework sothat graduation may occur on time.

      B.   Exit exams - States shall accept: (1) Exit or end-of-course exams requiredfor graduationfrom the sending state; or (2) national norm-referenced achievement tests or(3)alternative testing,in lieu of testing requirements for graduation in the receiving state. In theevent the abovealternatives cannot be accommodated by the receiving state for a studenttransferring in thesenior year, then the provisions of paragraph C of this article shall apply.

      C.   Transfers during senior year - Should a military student transferring atthe beginning orduring the senior year be ineligible to graduate from the receivinglocal education agencyafter all alternatives have been considered, the sending and receiving localeducation agenciesshall ensure the receipt of a diploma from the sending local education agency,if the studentmeets the graduation requirements of the sending local education agency. In theevent that one ofthe states in question is not a member of this compact, the member state shalluse best efforts tofacilitate the on-time graduation of the student in accordance with paragraphsAand B of thisarticle.

      A.   Each member state, through the creation of a state council or use ofan existingbody or board, shall provide for the coordination among its agencies ofgovernment,local educationagencies and military installations concerning the state's participation in,and compliance with,this compact and interstate commission activities. While each member state maydetermine themembership of its own state council, its membership must include: Thecommissioner of education, a superintendent of a school district with a highconcentration of military children, a representative from a militaryinstallation, one representative each from thelegislative and executive branches of government and other offices andstakeholder groups thestate council deems appropriate. A member state that does not have a schooldistrict deemed tocontain a high concentration of military children may appoint a superintendentfrom anotherschool district to represent local education agencies on the state council.

      B.   The state council of each member state shall appoint or designate amilitary familyeducation liaison to assist military families and the state in facilitating theimplementation of thiscompact.

      C.   The compact commissioner responsible for the administration and managementof thestate's participation in the compact shall be appointed by the governor or asotherwisedetermined by each member state.

      D.   The compact commissioner and the military family education liaisondesignated hereinshall be ex-officio members of the state council, unless either is already afull voting member ofthe state council.

      The member states hereby create the "interstate commission on educationalopportunity formilitary children." The activities of the interstate commission are theformation of public policyand are a discretionary state function. The interstate commission shall:

      A.   Be a body corporate and joint agency of the member states and shall haveall theresponsibilities, powers and duties set forth herein, and such additionalpowers as may beconferred upon it by a subsequent concurrent action of the respectivelegislatures of the memberstates in accordance with the terms of this compact.

      B.   Consist of one interstate commission voting representative from eachmember state whoshall be that state's compact commissioner.

      1.   Each member state represented at a meeting of the interstate commission isentitled toone vote.

      2.   A majority of the total member states shall constitute a quorum for thetransaction ofbusiness, unless a larger quorum is required by the bylaws of the interstatecommission.

      3.   A representative shall not delegate a vote to another member state. In theevent thecompact commissioner is unable to attend a meeting of the interstatecommission, the governoror state council may delegate voting authority to another person from theirstate for a specifiedmeeting.

      4.   The bylaws may provide for meetings of the interstate commission to beconducted bytelecommunication or electronic communication.

      C.   Consist of ex-officio, non-voting representatives who are members ofinterested organizations. Such ex-officio members, as defined in the bylaws,may include but not belimited to, members of the representative organizations of military familyadvocates, localeducation agency officials, parent and teacher groups, the United Statesdepartment of defense, theeducation commission of the states, the interstate agreement on thequalification ofeducational personnel and other interstate compacts affecting the education ofchildren ofmilitary members.

      D.   Meet at least once each calendar year. The chairperson may calladditional meetings and,upon the request of a simple majority of the member states, shall calladditional meetings.

      E.   Establish an executive committee, whose members shall include the officersof theinterstate commission and such other members of the interstate commission asdetermined bythe bylaws. Members of the executive committee shall serve a one year term.Members of theexecutive committee shall be entitled to one vote each. The executive committeeshall have thepower to act on behalf of the interstate commission, with the exception ofrulemaking, duringperiods when the interstate commission is not in session. The executivecommittee shall overseethe day-to-day activities of the administration of the compact includingenforcement andcompliance with the provisions of the compact, its bylaws and rules, and othersuch duties asdeemed necessary. The United States department of defense, shall serve as anex-officio, nonvoting member ofthe executive committee.

      F.   Establish bylaws and rules that provide for conditions and proceduresunder which theinterstate commission shall make its information and official records availableto the public forinspection or copying. The interstate commission may exempt from disclosureinformation orofficial records to the extent they would adversely affect personal privacyrights or proprietaryinterests.

      G.   Public notice shall be given by the interstate commission of all meetingsand all meetingsshall be open to the public, except as set forth in the rules or as otherwiseprovided in thecompact. The interstate commission and its committees may close a meeting, orportion thereof,where it determines by two-thirds vote that an open meeting would be likely to:

      1.   Relate solely to the interstate commission's internal personnel practicesand procedures;

      2.   disclose matters specifically exempted from disclosure by federal andstate statute;

      3.   disclose trade secrets or commercial or financial information which isprivileged orconfidential;

      4.   involve accusing a person of a crime, or formally censuring a person;

      5.   disclose information of a personal nature where disclosure wouldconstitute a clearlyunwarranted invasion of personal privacy;

      6.   disclose investigative records compiled for law enforcement purposes; or

      7.   specifically relate to the interstate commission's participation in acivil action or otherlegal proceeding.

      H.   For a meeting, or portion of a meeting, closed pursuant to this provision,the interstatecommission's legal counsel or designee shall certify that the meeting may beclosed and shallreference each relevant exemptible provision. The interstate commission shallkeep minutes which shall fully and clearly describe all matters discussed in ameeting and shall provide a fulland accurate summary of actions taken, and the reasons therefore, including adescription of theviews expressed and the record of a roll call vote. All documents considered inconnection withan action shall be identified in such minutes. All minutes and documents of aclosed meetingshall remain under seal, subject to release by a majority vote of theinterstate commission.

      I.   The interstate commission shall collect standardized data concerning theeducationaltransition of the children of military families under this compact as directedthrough its ruleswhich shall specify the data to be collected, the means of collection and dataexchange andreporting requirements. Such methods of data collection, exchange andreporting shall, in so faras is reasonably possible, conform to current technology and coordinate itsinformation functionswith the appropriate custodian of records as identified in the bylaws andrules.

      J.   The interstate commission shall create a process that permits militaryofficials, educationofficials and parents to inform the interstate commission if and when there arealleged violationsof the compact or its rules or when issues subject to the jurisdiction of thecompact or its rulesare not addressed by the state or local education agency. This section shallnot be construed tocreate a private right of action against the interstate commission or anymember state.

      The interstate commission shall have the power to:

      A.   Provide for dispute resolution among member states.

      B.   Promulgate rules and take all necessary actions to effect the goals,purposes andobligations as enumerated in this compact. The rules shall have the force andeffect of statutorylaw and shall be binding in the compact states to the extent and in the mannerprovided in thiscompact.

      C.   Issue, upon request of a member state, advisory opinions concerning themeaning orinterpretation of the interstate compact, its bylaws, rules and actions.

      D.   Enforce compliance with the compact provisions, the rules promulgated bytheinterstate commission, and the bylaws, using all necessary and proper means,including, but notlimited to, the use of judicial process.

      E.   Establish and maintain offices which shall be located within one ormore of themember states.

      F.   Purchase and maintain insurance and bonds.

      G.   Borrow, accept, hire or contract for services of personnel.

      H.   Establish and appoint committees including, but not limited to, anexecutivecommittee as required by article IX, which shall have the power toact on behalf ofthe interstate commission in carrying out its powers and duties hereunder.

      I.   Elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fixtheir compensation, define their duties and determine their qualifications; andto establish theinterstate commission's personnel policies and programs relating to conflictsof interest, rates ofcompensation, and qualifications of personnel.

      J.   Accept any and all donations and grants of money, equipment, supplies,materials andservices, and to receive, utilize, and dispose of it.

      K.   Lease, purchase, accept contributions or donations of, or otherwise toown, hold,improve or use any property, real, personal or mixed.

      L.   Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of anyproperty, real, personal or mixed.

      M.   Establish a budget and make expenditures.

      N.   Adopt a seal and bylaws governing the management and operation of theinterstatecommission.

      O.   Report annually to the legislatures, governors, judiciary, and statecouncils of themember states concerning the activities of the interstate commission during thepreceding year.Such reports shall also include any recommendations that may have been adoptedby theinterstate commission.

      P.   Coordinate education, training and public awareness regarding thecompact, itsimplementation and operation for officials and parents involved in suchactivity.

      Q.   Establish uniform standards for the reporting, collecting andexchanging of data.

      R.   Maintain corporate books and records in accordance with the bylaws.

      S.   Perform such functions as may be necessary or appropriate to achievethe purposes ofthis compact.

      T.   Provide for the uniform collection and sharing of information betweenand amongmember states, schools and military families under this compact.

      A.   The interstate commission, by a majority of the members present andvoting, within 12 months after the first interstate commission meeting, shalladoptbylaws to govern its conduct asmay be necessary or appropriate 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 as may benecessary;

      3.   providing for the establishment of committees and for governing anygeneral or specificdelegation of authority or function of the interstate commission;

      4.   providing reasonable procedures for calling and conducting meetings of theinterstatecommission, and ensuring reasonable notice of each such meeting;

      5.   establishing the titles and responsibilities of the officers and staff ofthe interstatecommission;

      6.   providing a mechanism for concluding the operations of the interstatecommission andthe return of surplus funds that may exist upon the termination of the compactafter the paymentand reserving of all of its debts and obligations; and

      7.   providing "start up" rules for initial administration of the compact.

      B.   The interstate commission, by a majority of the members, shall electannually fromamong its members a chairperson, a vice-chairperson, and a treasurer, each ofwhom shall havesuch authority and duties as may be specified in the bylaws. The chairpersonor, in thechairperson's absence or disability, the vice-chairperson, shall preside at allmeetings of theinterstate commission. The officers so elected shall serve withoutcompensation orremuneration from the interstate commission. Subject to theavailability ofbudgeted funds, the officers shall be reimbursed for ordinary and necessarycosts and expensesincurred by them in the performance of their responsibilities as officers ofthe interstatecommission.

      C.   Executive Committee, Officers and Personnel

      1.   The executive committee shall have such authority and duties as may beset forth inthe bylaws, including but not limited to:

      a.   Managing the affairs of the interstate commission in a manner consistentwith the bylawsand purposes of the interstate commission;

      b.   overseeing an organizational structure within, and appropriate proceduresfor theinterstate commission to provide for the creation of rules, operatingprocedures, andadministrative and technical support functions; and

      c.   planning, implementing, and coordinating communications and activitieswith other state,federal and local government organizations in order to advance the goals of theinterstatecommission.

      2.   The executive committee may, subject to the approval of the interstatecommission,appoint or retain an executive director for such period, upon such terms andconditions and forsuch compensation, as the interstate commission may deem appropriate. Theexecutive directorshall serve as secretary to the interstate commission, but shall not be amember of the interstatecommission. The executive director shall hire and supervise such other personsas may beauthorized by the interstate commission.

      D.   The interstate commission's executive director and its employees shall beimmune fromsuit and liability, either personally or in their official capacity, for aclaim for damage to or lossof property or personal injury or other civil liability caused by or arisingoutof or relating to anactual or alleged act, error, or omission that occurred, or that such personhad a reasonable basisfor believing occurred, within the scope of interstate commission employment,duties, orresponsibilities; provided, that such person shall not be protected from suitor liability fordamage, loss, injury, or liability caused by the intentional or willful andwanton misconduct ofsuch person.

      1.   The liability of the interstate commission's executive director andemployees or interstatecommission representatives, acting within the scope of such person's employmentor duties foracts, errors, or omissions occurring within such person's state may not exceedthe limits ofliability set forth under the constitution and laws of that state for stateofficials, employees, andagents. The interstate commission is considered to be an instrumentality of thestates for thepurposes of any such action. Nothing in this subsection shall be construed toprotect such personfrom suit or liability for damage, loss, injury, or liability caused by theintentional or willful andwanton misconduct of such person.

      2.   The interstate commission shall defend the executive director and itsemployees and,subject to the approval of the attorney general or other appropriate legalcounsel of the memberstate represented by an interstate commission representative, shall defend suchinterstatecommission representative in any civil action seeking to impose liabilityarising out of an actualor alleged act, error or omission that occurred within the scope of interstatecommissionemployment, duties or responsibilities, or that the defendant had a reasonablebasis for believingoccurred within the scope of interstate commission employment, duties, orresponsibilities,provided that the actual or alleged act, error, or omission did not result fromintentional or willfuland wanton misconduct on the part of such person.

      3.   To the extent not covered by the state involved, member state, or theinterstatecommission, the representatives or employees of the interstate commission shallbe heldharmless in the amount of a settlement or judgment, including attorney's feesand costs, obtainedagainst such persons arising out of an actual or alleged act, error, oromission that occurredwithin the scope of interstate commission employment, duties, orresponsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofinterstate commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch persons.

      A.   Rulemaking Authority - The interstate commission shall promulgatereasonable rules inorder to effectively and efficiently achieve the purposes of this compact.Notwithstanding theforegoing, in the event the interstate commission exercises its rulemakingauthority in a mannerthat is beyond the scope of the purposes of this act, or the powers grantedhereunder, then suchan action by the interstate commission shall be invalid and have no force oreffect.

      B.   Rulemaking Procedure - Rules shall be made pursuant to a rulemakingprocess that substantially conforms to the "model state administrativeprocedure act," of 1981 Act, uniformlaws annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to theoperations of theinterstate commission.

      C.   Not later than 30 days after a rule is promulgated, any personmay file a petitionfor judicial review of the rule; provided, that the filing of such a petitionshall not stay orotherwise prevent the rule from becoming effective unless the court finds thatthe petitioner has asubstantial likelihood of success. The court shall give deference to theactions of the interstatecommission consistent with applicable law and shall not find the rule to beunlawful if the rulerepresents a reasonable exercise of the interstate commission's authority.

      D.   If a majority of the legislatures of the compacting states rejects a ruleby enactment of astatute or resolution in the same manner used to adopt the compact, then suchrule shall have nofurther force and effect in any compacting state.

      A.   Oversight

      1.   The executive, legislative and judicial branches of state government ineach member stateshall enforce this compact and shall take all actions necessary and appropriateto effectuate thecompact's purposes and intent. The provisions of this compact and the rulespromulgatedhereunder shall have standing as statutory law.

      2.   All courts shall take judicial notice of the compact and the rules in anyjudicial oradministrative proceeding in a member state pertaining to the subject matter ofthis compactwhich may affect the powers, responsibilities or actions of the interstatecommission.

      3.   The interstate commission shall be entitled to receive all service ofprocess in any suchproceeding, and shall have standing to intervene in the proceeding for allpurposes. Failure toprovide service of process to the interstate commission shall render a judgmentor order void asto the interstate commission, this compact or promulgated rules.

      B.   Default, Technical Assistance, Suspension and Termination - If theinterstatecommission determines that a member state has defaulted in the performance ofits obligationsor responsibilities under this compact, or the bylaws or promulgated rules, theinterstatecommission shall:

      1.   Provide written notice to the defaulting state and other member states, ofthe nature of thedefault, the means of curing the default and any action taken by the interstatecommission. Theinterstate commission shall specify the conditions by which the defaultingstate must cure itsdefault.

      2.   Provide remedial training and specific technical assistance regarding thedefault.

      3.   If the defaulting state fails to cure the default, the defaulting stateshall be terminatedfrom the compact upon an affirmative vote of a majority of the member statesand all rights,privileges and benefits conferred by this compact shall be terminated from theeffective date oftermination. A cure of the default does not relieve the offending state ofobligations or liabilitiesincurred during the period of the default.

      4.   Suspension or termination of membership in the compact shall be imposedonly after allother means of securing compliance have been exhausted. Notice of intent tosuspend orterminate shall be given by the interstate commission to the governor, themajority and minorityleaders of the defaulting state's legislature, and each of the member states.

      5.   The state which has been suspended or terminated is responsible for allassessments,obligations and liabilities incurred through the effective date of suspensionor terminationincluding obligations, the performance of which extends beyond the effectivedate of suspensionor termination.

      6.   The interstate commission shall not bear any costs relating to any statethat has beenfound to be in default or which has been suspended or terminated from thecompact, unlessotherwise mutually agreed upon in writing between the interstate commission andthe defaultingstate.

      7.   The defaulting state may appeal the action of the interstate commission bypetitioning theUnited States district court for the District of Columbia or the federaldistrict wherethe interstatecommission has its principal offices. The prevailing party shall be awarded allcosts of suchlitigation including reasonable attorney's fees.

      C.   Dispute Resolution

      1.   The interstate commission shall attempt, upon the request of a memberstate, to resolvedisputes which are subject to the compact and which may arise among memberstates andbetween member and non-member states.

      2.   The interstate commission shall promulgate a rule providing for bothmediation andbinding dispute resolution for disputes as appropriate.

      D.   Enforcement

      1.   The interstate commission, in the reasonable exercise of its discretion,shall enforce theprovisions and rules of this compact.

      2.   The interstate commission, by majority vote of the members, may initiatelegal action inthe United States district court for the District of Columbia or, at thediscretion of the interstatecommission, in the federal district where the interstate commission has itsprincipal offices, toenforce compliance with the provisions of the compact, its promulgated rulesand bylaws, againsta member state in default. The relief sought may include both injunctive reliefand damages. Inthe event judicial enforcement is necessary the prevailing party shall beawarded all costs of suchlitigation including reasonable attorney's fees.

      3.   The remedies herein shall not be the exclusive remedies of the interstatecommission.The interstate commission may avail itself of any other remedies availableunder state law or theregulation of a profession.

      A.   The interstate commission shall pay, or provide for the payment of thereasonableexpenses of its establishment, organization and ongoing activities.

      B.   The interstate commission may levy on and collect an annual assessmentfromeach member state to cover the cost of the operations and activities of theinterstate commission andits staff which must be in a total amount sufficient to cover the interstatecommission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocated basedupon a formula to be determined by the interstate commission, which shallpromulgate a rulebinding upon all member states.

      C.   The interstate commission shall not incur obligations of any kind prior tosecuring thefunds adequate to meet the same. The interstate commission shall not pledge thecredit of any ofthe member states, except by and with the authority of the member state.

      D.   The interstate commission shall keep accurate accounts of all receipts anddisbursements.The receipts and disbursements of the interstate commission shall be subject tothe audit andaccounting procedures established under its bylaws. All receipts anddisbursements offunds handled by the interstate commission shall be audited yearly by acertified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annualreport of the 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 legislative enactmentof thecompact into law by no less than 10 of the states. The effective dateshall be no earlier thanDecember 1, 2007. Thereafter it shall become effective and binding as to anyother member stateupon enactment of the compact into law by that state. The governors ofnon-member states ortheir designees shall be invited to participate in the activities of theinterstate commission on anon-voting basis prior to adoption of the compact by all states.

      C.   The interstate commission may propose amendments to the compact forenactment bythe member states. No amendment shall become effective and binding upon theinterstatecommission and the member states unless and until it is enacted into law byunanimous consentof the member states.

      A.   Withdrawal

      1.   Once effective, the compact shall continue in force and remain bindingupon each andevery member state. A member state may withdraw from the compactspecificallyrepealing the statute, which enacted the compact into law.

      2.   Withdrawal from this compact shall be by the enactment of a statuterepealing the same,but shall not take effect until one year after the effective date of suchstatute and until writtennotice of the withdrawal has been given by the withdrawing state to thegovernor of each othermember jurisdiction.

      3.   The withdrawing state immediately shall notify the chairperson of theinterstatecommission in writing upon the introduction of legislation repealing thiscompact in thewithdrawing state. The interstate commission shall notify the other memberstates of thewithdrawing state's intent to withdraw within 60 days of its receiptthereof.

      4.   The withdrawing state is responsible for all assessments, obligations andliabilitiesincurred through the effective date of withdrawal, including obligations, theperformance ofwhich extend beyond the effective date of withdrawal.

      5.   Reinstatement following withdrawal of a member state shall occur upon thewithdrawingstate reenacting the compact or upon such later date as determined by theinterstate commission.

      B.   Dissolution of Compact

      1.   This compact shall dissolve effective upon the date of the withdrawal ordefault of themember state which reduces the membership in the compact to one memberstate.

      2.   Upon the dissolution of this compact, the compact becomes null and voidand shall be ofno further force or effect, and the business and affairs of the interstatecommission shall beconcluded and surplus funds shall be distributed in accordance with the bylaws.

      A.   The provisions of this compact shall be severable, and if any phrase,clause, sentence orprovision is deemed unenforceable, the remaining provisions of the compactshall beenforceable.

      B.   The provisions of this compact shall be liberally construed to effectuateits purposes.

      C.   Nothing in this compact shall be construed to prohibit the applicabilityof other interstatecompacts to which the states are members.

      A.   Other Laws

      1.   Nothing herein prevents the enforcement of any other law of a member statethat is notinconsistent with this compact.

      2.   All member states' laws conflicting with this compact are superseded tothe extent of theconflict.

      B.   Binding Effect of the Compact

      1.   All lawful actions of the interstate commission, including all rules andbylawspromulgated by the interstate commission, are binding upon the member states.

      2.   All agreements between the interstate commission and the member states arebinding inaccordance with their terms.

      3.   In the event any provision of this compact exceeds the constitutionallimits imposed onthe legislature of any member state, such provision shall be ineffective to theextent of the conflict with the constitutional provision in question in thatmember state.

      History:   L. 2008, ch. 72, § 1; July 1.

State Codes and Statutes

      72-60c01.   Interstate compact on educationalopportunity for military children.The interstate compact on educational opportunity for militarychildren is hereby enacted into law and entered into with all jurisdictionslegally joining therein, in the form substantially as follows:

      It is the purpose of this compact to remove barriers to educational successimposed on children ofmilitary families because of frequent moves and deployment of their parents by:

      A.   Facilitating the timely enrollment of children of military families andensuring that theyare not placed at a disadvantage due to difficulty in the transfer ofeducationalrecords from theprevious school district or variations in entrance or age requirements.

      B.   Facilitating the student placement process through which children ofmilitary families arenot disadvantaged by variations in attendance requirements, scheduling,sequencing, grading,course content or assessment.

      C.   Facilitating the qualification and eligibility for enrollment, educationalprograms, andparticipation 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 rulesimplementing theprovisions of this compact.

      F.   Providing for the uniform collection and sharing of information betweenand amongmember states, schools and military families under this compact.

      G.   Promoting coordination between this compact and other compacts affectingmilitarychildren.

      H.   Promoting flexibility and cooperation between the educational system,parents and thestudent in order to achieve educational success for the student.

      As used in this compact, unless the context clearly requires a differentconstruction:

      A.   "Active duty" means full-time duty status in the active uniformed serviceof the UnitedStates, including members of the national guard and reserve on active dutyorders pursuant to10 U.S.C. section 1209 and 1211.

      B.   "Children of military families" means school-aged children, enrolledin kindergarten or any of the grades one through 12, in the household of anactiveduty member.

      C.   "Compact commissioner" means the voting representative of each compactingstateappointed pursuant to article VIII of this compact.

      D.   "Deployment" means the period one month prior to the service members'departurefrom their home station on military orders through six months after returnto their homestation.

      E.   "Educational records" means those official records, files and datadirectly related to astudent and maintained by the school or local education agency, including butnot limited torecords encompassing all the material kept in the student's cumulative foldersuch as generalidentifying data, records of attendance and of academic work completed, recordsof achievementand results of evaluative tests, health data, disciplinary status, testprotocols and individualizededucation programs.

      F.   "Extracurricular activities" means voluntary activities sponsored by theschool or localeducation agency or an organization sanctioned by the local education agency.Extracurricularactivities include, but are not limited to, preparation for and involvement inpublic performances,contests, athletic competitions, demonstrations, displays and club activities.

      G.   "Interstate commission on educational opportunity for military children"means thecommission that is created under article IX of this compact, which is generallyreferred to asinterstate commission.

      H.   "Local education agency" means a public authority legally constituted bythe state as anadministrative agency to provide control of and direction for kindergartenand grades one through 12 in public schools.

      I.   "Member state" means a state that has enacted this compact.

      J.   "Military installation" means a base, camp, post, station, yard,center, homeportfacility for any ship or other activity under the jurisdiction of thedepartment of defense,including any leased facility, which is located within any of the severalStates, 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 notinclude anyfacility used primarily for civil works, rivers and harbors projects or floodcontrol projects.

      K.   "Non-member state" means a state that has not enacted this compact.

      L.   "Receiving state" means the state to which a child of a military familyis sent, brought orcaused to be sent or brought.

      M.   "Rule" means a written statement by the interstate commission promulgatedpursuant toarticle XII of this compact that is of general applicability, implements,interprets or prescribes a policy or provision of the compact, or anorganizational, procedural, or practice requirement ofthe interstate commission, and has the force and effect of statutory law in amember state, andincludes the amendment, repeal, or suspension of an existing rule.

      N.   "Sending state" means the state from which a child of a military family issent, broughtor caused to be sent or brought.

      O.   "State" means a state of the United States, the District of Columbia, theCommonwealthof Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the NorthernMarianas Islandsand any other U.S. Territory.

      P.   "Student" means: the child of a military family for whom the localeducation agencyreceives public funding and who is formally enrolled in kindergarten or any ofthe grades one through 12.

      Q.   "Transition" means (1) the formal and physical process of transferringfrom school toschool or (2) the period of time in which a student moves from one school inthesending state toanother school in the receiving state.

      R.   "Uniformed services" means the army, navy, air force, marine corps,coast guard aswell as the commissioned corps of the national oceanic and atmosphericadministration andpublic health services.

      S.   "Veteran" means a person who served in the uniformed services and who wasdischargedor released there from under conditions other than dishonorable.

      A.   Except as otherwise provided in subsection B, this compact shall apply tothechildren of:

      1.   Active duty members of the uniformed services as defined in this compact,includingmembers of the national guard and reserve on active duty orders pursuant to 10U.S.C. section1209 and 1211;

      2.   members or veterans of the uniformed services who are severely injured andmedicallydischarged or retired for a period of one year after medical discharge orretirement; and

      3.   members of the uniformed services who die on active duty or as a result ofinjuriessustained on active duty for a period of one year after death.

      B.   The provisions of this interstate compact shall only apply to localeducation agencies asdefined 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 inparagraph 1;

      3.   veterans of the uniformed services, except as provided in paragraph 1;and

      4.   other United States department of defense personnel and other federalagency civilianand contractemployees not defined as active duty members of the uniformed services.

      A.   Unofficial or "hand-carried" education records - In the event thatofficial educationrecords cannot be released to the parents for the purpose of transfer, thecustodian of the recordsin the sending state shall prepare and furnish to the parent a complete set ofunofficialeducational records containing uniform information as determined by theinterstate commission.Upon receipt of the unofficial education records by a school in the receivingstate, the school shall enroll and appropriately place the student based on theinformationprovided in theunofficial records pending validation by the official records, as quickly aspossible.

      B.   Official education records or transcripts - Simultaneous with theenrollmentand conditionalplacement of the student, the school in the receiving state shall request thestudent's officialeducation record from the school in the sending state. Upon receipt of thisrequest, the school inthe sending state will process and furnish the official education records tothe school in thereceiving state within 10 days or within such time as is reasonablydetermined under therules promulgated by the interstate commission.

      C.   Immunizations - Compacting states shall allow 30 days from the date ofenrollmentor within such time as is reasonably determined under the rules promulgated bythe InterstateCommission, for students to obtain any immunizations required by the receivingstate. For aseries of immunizations, initial vaccinations must be obtained within30 days or withinsuch time as is reasonably determined under the rules promulgated by theinterstate commission.

      D.   Kindergarten and First grade entrance age - Students shall be allowed tocontinue theirenrollment at grade level in the receiving state commensurate with their gradelevelfrom a local education agency in the sending state at the time of transition,regardless of age. A student that has satisfactorily completed the prerequisitegrade level in thelocal education agency in the sending state shall be eligible for enrollment inthe next highestgrade level in the receiving state, regardless of age. A student transferringafter the start of theschool year in the receiving state shall enter the school in the receivingstate on their validatedlevel from an accredited school in the sending state.

      A.   Course placement - When the student transfers before or during the schoolyear, thereceiving state school initially shall honor placement of the student ineducational courses basedon the student's enrollment in the sending state school or educationalassessments conductedat the school in the sending state if the courses are offered. Course placementincludes but is notlimited to honors, international baccalaureate, advanced placement, vocational,technical and career pathways courses. Continuing the student's academicprogram from the previous schooland promoting placement in academically and career challenging courses shouldbe paramountwhen considering placement. This does not preclude the school in the receivingstate fromperforming subsequent evaluations to ensure appropriate placement and continuedenrollment ofthe student in such courses.

      B.   Educational program placement - The receiving state school initially shallhonorplacement of the student in educational programs based on current educationalassessmentsconducted at the school in the sending state or participation or placement inlikeprograms in thesending state. Such programs include, but are not limited to, gifted andtalented programsand English as a second language (ESL). This does not preclude the school inthe receivingstate from performing subsequent evaluations to ensure appropriate placement ofthe student.

      C.   Special education services - (1) In compliance with the federalrequirements of theindividuals with disabilities education act (IDEA), 20 U.S.C.A. section 1400et seq., thereceiving state initially shall provide comparable services to a student withdisabilities based onthe student's current individualized education program (IEP). (2) In compliancewith therequirements of section 504 of the rehabilitation act, 29 U.S.C.A. section 794,and with Title IIof the Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, thereceiving stateshall make reasonable accommodations and modifications to address the needs ofincomingstudents with disabilities, subject to an existing 504 or Title II plan, toprovide the student withequal access to education. This does not preclude the school in the receivingstate fromperforming subsequent evaluations to ensure appropriate placement of thestudent.

      D.   Placement flexibility - Local education agency administrative officialsshall haveflexibility in waiving course and program prerequisites or other preconditionsforplacement incourses and programs offered under the jurisdiction of the local educationagency.

      E.   Absence as related to deployment activities - A student whose parent orlegal guardian isan active duty member of the uniformed services andhas been calledto duty for, is on leave from, or immediately returned from deployment to acombat zone orcombat support posting, shall be granted additional excused absences at thediscretion of thelocal education agency superintendent to visit with the student's parent orlegal guardian relative tosuch leave or deployment of the parent or guardian.

      A.   Eligibility for enrollment

      1.   Special power of attorney, relative to the guardianship of a child of amilitary family andexecuted under applicable law shall be sufficient for the purposes ofenrollment and all otheractions requiring parental participation and consent.

      2.   A local education agency shall be prohibited from charging local tuitionto a transitioningmilitary child placed in the care of a non-custodial parent or other personstanding in locoparentis who lives in a jurisdiction other than that of the custodial parent.

      3.   A transitioning military child, placed in the care of a non-custodialparent or other person standing in loco parentis who lives in a jurisdictionother than that of the custodial parent, maycontinue to attend the school in which the child was enrolled while residingwiththe custodialparent.

      B.   Eligibility for extracurricular participation - State and local educationagencies shallfacilitate the opportunity for transitioning military children's inclusion inextracurricularactivities, regardless of application deadlines, to the extent they areotherwise qualified.

      In order to facilitate the on-time graduation of children of military families:

      A.   Waiver requirements - Local education agency administrative officialsshall waivespecific courses required for graduation if similar course work has beensatisfactorily completedin another local education agency or shall provide reasonable justification fordenial. Should awaiver not be granted to a student who would qualify to graduate from thesending school, thelocal education agency shall provide an alternative means of acquiring requiredcoursework sothat graduation may occur on time.

      B.   Exit exams - States shall accept: (1) Exit or end-of-course exams requiredfor graduationfrom the sending state; or (2) national norm-referenced achievement tests or(3)alternative testing,in lieu of testing requirements for graduation in the receiving state. In theevent the abovealternatives cannot be accommodated by the receiving state for a studenttransferring in thesenior year, then the provisions of paragraph C of this article shall apply.

      C.   Transfers during senior year - Should a military student transferring atthe beginning orduring the senior year be ineligible to graduate from the receivinglocal education agencyafter all alternatives have been considered, the sending and receiving localeducation agenciesshall ensure the receipt of a diploma from the sending local education agency,if the studentmeets the graduation requirements of the sending local education agency. In theevent that one ofthe states in question is not a member of this compact, the member state shalluse best efforts tofacilitate the on-time graduation of the student in accordance with paragraphsAand B of thisarticle.

      A.   Each member state, through the creation of a state council or use ofan existingbody or board, shall provide for the coordination among its agencies ofgovernment,local educationagencies and military installations concerning the state's participation in,and compliance with,this compact and interstate commission activities. While each member state maydetermine themembership of its own state council, its membership must include: Thecommissioner of education, a superintendent of a school district with a highconcentration of military children, a representative from a militaryinstallation, one representative each from thelegislative and executive branches of government and other offices andstakeholder groups thestate council deems appropriate. A member state that does not have a schooldistrict deemed tocontain a high concentration of military children may appoint a superintendentfrom anotherschool district to represent local education agencies on the state council.

      B.   The state council of each member state shall appoint or designate amilitary familyeducation liaison to assist military families and the state in facilitating theimplementation of thiscompact.

      C.   The compact commissioner responsible for the administration and managementof thestate's participation in the compact shall be appointed by the governor or asotherwisedetermined by each member state.

      D.   The compact commissioner and the military family education liaisondesignated hereinshall be ex-officio members of the state council, unless either is already afull voting member ofthe state council.

      The member states hereby create the "interstate commission on educationalopportunity formilitary children." The activities of the interstate commission are theformation of public policyand are a discretionary state function. The interstate commission shall:

      A.   Be a body corporate and joint agency of the member states and shall haveall theresponsibilities, powers and duties set forth herein, and such additionalpowers as may beconferred upon it by a subsequent concurrent action of the respectivelegislatures of the memberstates in accordance with the terms of this compact.

      B.   Consist of one interstate commission voting representative from eachmember state whoshall be that state's compact commissioner.

      1.   Each member state represented at a meeting of the interstate commission isentitled toone vote.

      2.   A majority of the total member states shall constitute a quorum for thetransaction ofbusiness, unless a larger quorum is required by the bylaws of the interstatecommission.

      3.   A representative shall not delegate a vote to another member state. In theevent thecompact commissioner is unable to attend a meeting of the interstatecommission, the governoror state council may delegate voting authority to another person from theirstate for a specifiedmeeting.

      4.   The bylaws may provide for meetings of the interstate commission to beconducted bytelecommunication or electronic communication.

      C.   Consist of ex-officio, non-voting representatives who are members ofinterested organizations. Such ex-officio members, as defined in the bylaws,may include but not belimited to, members of the representative organizations of military familyadvocates, localeducation agency officials, parent and teacher groups, the United Statesdepartment of defense, theeducation commission of the states, the interstate agreement on thequalification ofeducational personnel and other interstate compacts affecting the education ofchildren ofmilitary members.

      D.   Meet at least once each calendar year. The chairperson may calladditional meetings and,upon the request of a simple majority of the member states, shall calladditional meetings.

      E.   Establish an executive committee, whose members shall include the officersof theinterstate commission and such other members of the interstate commission asdetermined bythe bylaws. Members of the executive committee shall serve a one year term.Members of theexecutive committee shall be entitled to one vote each. The executive committeeshall have thepower to act on behalf of the interstate commission, with the exception ofrulemaking, duringperiods when the interstate commission is not in session. The executivecommittee shall overseethe day-to-day activities of the administration of the compact includingenforcement andcompliance with the provisions of the compact, its bylaws and rules, and othersuch duties asdeemed necessary. The United States department of defense, shall serve as anex-officio, nonvoting member ofthe executive committee.

      F.   Establish bylaws and rules that provide for conditions and proceduresunder which theinterstate commission shall make its information and official records availableto the public forinspection or copying. The interstate commission may exempt from disclosureinformation orofficial records to the extent they would adversely affect personal privacyrights or proprietaryinterests.

      G.   Public notice shall be given by the interstate commission of all meetingsand all meetingsshall be open to the public, except as set forth in the rules or as otherwiseprovided in thecompact. The interstate commission and its committees may close a meeting, orportion thereof,where it determines by two-thirds vote that an open meeting would be likely to:

      1.   Relate solely to the interstate commission's internal personnel practicesand procedures;

      2.   disclose matters specifically exempted from disclosure by federal andstate statute;

      3.   disclose trade secrets or commercial or financial information which isprivileged orconfidential;

      4.   involve accusing a person of a crime, or formally censuring a person;

      5.   disclose information of a personal nature where disclosure wouldconstitute a clearlyunwarranted invasion of personal privacy;

      6.   disclose investigative records compiled for law enforcement purposes; or

      7.   specifically relate to the interstate commission's participation in acivil action or otherlegal proceeding.

      H.   For a meeting, or portion of a meeting, closed pursuant to this provision,the interstatecommission's legal counsel or designee shall certify that the meeting may beclosed and shallreference each relevant exemptible provision. The interstate commission shallkeep minutes which shall fully and clearly describe all matters discussed in ameeting and shall provide a fulland accurate summary of actions taken, and the reasons therefore, including adescription of theviews expressed and the record of a roll call vote. All documents considered inconnection withan action shall be identified in such minutes. All minutes and documents of aclosed meetingshall remain under seal, subject to release by a majority vote of theinterstate commission.

      I.   The interstate commission shall collect standardized data concerning theeducationaltransition of the children of military families under this compact as directedthrough its ruleswhich shall specify the data to be collected, the means of collection and dataexchange andreporting requirements. Such methods of data collection, exchange andreporting shall, in so faras is reasonably possible, conform to current technology and coordinate itsinformation functionswith the appropriate custodian of records as identified in the bylaws andrules.

      J.   The interstate commission shall create a process that permits militaryofficials, educationofficials and parents to inform the interstate commission if and when there arealleged violationsof the compact or its rules or when issues subject to the jurisdiction of thecompact or its rulesare not addressed by the state or local education agency. This section shallnot be construed tocreate a private right of action against the interstate commission or anymember state.

      The interstate commission shall have the power to:

      A.   Provide for dispute resolution among member states.

      B.   Promulgate rules and take all necessary actions to effect the goals,purposes andobligations as enumerated in this compact. The rules shall have the force andeffect of statutorylaw and shall be binding in the compact states to the extent and in the mannerprovided in thiscompact.

      C.   Issue, upon request of a member state, advisory opinions concerning themeaning orinterpretation of the interstate compact, its bylaws, rules and actions.

      D.   Enforce compliance with the compact provisions, the rules promulgated bytheinterstate commission, and the bylaws, using all necessary and proper means,including, but notlimited to, the use of judicial process.

      E.   Establish and maintain offices which shall be located within one ormore of themember states.

      F.   Purchase and maintain insurance and bonds.

      G.   Borrow, accept, hire or contract for services of personnel.

      H.   Establish and appoint committees including, but not limited to, anexecutivecommittee as required by article IX, which shall have the power toact on behalf ofthe interstate commission in carrying out its powers and duties hereunder.

      I.   Elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fixtheir compensation, define their duties and determine their qualifications; andto establish theinterstate commission's personnel policies and programs relating to conflictsof interest, rates ofcompensation, and qualifications of personnel.

      J.   Accept any and all donations and grants of money, equipment, supplies,materials andservices, and to receive, utilize, and dispose of it.

      K.   Lease, purchase, accept contributions or donations of, or otherwise toown, hold,improve or use any property, real, personal or mixed.

      L.   Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of anyproperty, real, personal or mixed.

      M.   Establish a budget and make expenditures.

      N.   Adopt a seal and bylaws governing the management and operation of theinterstatecommission.

      O.   Report annually to the legislatures, governors, judiciary, and statecouncils of themember states concerning the activities of the interstate commission during thepreceding year.Such reports shall also include any recommendations that may have been adoptedby theinterstate commission.

      P.   Coordinate education, training and public awareness regarding thecompact, itsimplementation and operation for officials and parents involved in suchactivity.

      Q.   Establish uniform standards for the reporting, collecting andexchanging of data.

      R.   Maintain corporate books and records in accordance with the bylaws.

      S.   Perform such functions as may be necessary or appropriate to achievethe purposes ofthis compact.

      T.   Provide for the uniform collection and sharing of information betweenand amongmember states, schools and military families under this compact.

      A.   The interstate commission, by a majority of the members present andvoting, within 12 months after the first interstate commission meeting, shalladoptbylaws to govern its conduct asmay be necessary or appropriate 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 as may benecessary;

      3.   providing for the establishment of committees and for governing anygeneral or specificdelegation of authority or function of the interstate commission;

      4.   providing reasonable procedures for calling and conducting meetings of theinterstatecommission, and ensuring reasonable notice of each such meeting;

      5.   establishing the titles and responsibilities of the officers and staff ofthe interstatecommission;

      6.   providing a mechanism for concluding the operations of the interstatecommission andthe return of surplus funds that may exist upon the termination of the compactafter the paymentand reserving of all of its debts and obligations; and

      7.   providing "start up" rules for initial administration of the compact.

      B.   The interstate commission, by a majority of the members, shall electannually fromamong its members a chairperson, a vice-chairperson, and a treasurer, each ofwhom shall havesuch authority and duties as may be specified in the bylaws. The chairpersonor, in thechairperson's absence or disability, the vice-chairperson, shall preside at allmeetings of theinterstate commission. The officers so elected shall serve withoutcompensation orremuneration from the interstate commission. Subject to theavailability ofbudgeted funds, the officers shall be reimbursed for ordinary and necessarycosts and expensesincurred by them in the performance of their responsibilities as officers ofthe interstatecommission.

      C.   Executive Committee, Officers and Personnel

      1.   The executive committee shall have such authority and duties as may beset forth inthe bylaws, including but not limited to:

      a.   Managing the affairs of the interstate commission in a manner consistentwith the bylawsand purposes of the interstate commission;

      b.   overseeing an organizational structure within, and appropriate proceduresfor theinterstate commission to provide for the creation of rules, operatingprocedures, andadministrative and technical support functions; and

      c.   planning, implementing, and coordinating communications and activitieswith other state,federal and local government organizations in order to advance the goals of theinterstatecommission.

      2.   The executive committee may, subject to the approval of the interstatecommission,appoint or retain an executive director for such period, upon such terms andconditions and forsuch compensation, as the interstate commission may deem appropriate. Theexecutive directorshall serve as secretary to the interstate commission, but shall not be amember of the interstatecommission. The executive director shall hire and supervise such other personsas may beauthorized by the interstate commission.

      D.   The interstate commission's executive director and its employees shall beimmune fromsuit and liability, either personally or in their official capacity, for aclaim for damage to or lossof property or personal injury or other civil liability caused by or arisingoutof or relating to anactual or alleged act, error, or omission that occurred, or that such personhad a reasonable basisfor believing occurred, within the scope of interstate commission employment,duties, orresponsibilities; provided, that such person shall not be protected from suitor liability fordamage, loss, injury, or liability caused by the intentional or willful andwanton misconduct ofsuch person.

      1.   The liability of the interstate commission's executive director andemployees or interstatecommission representatives, acting within the scope of such person's employmentor duties foracts, errors, or omissions occurring within such person's state may not exceedthe limits ofliability set forth under the constitution and laws of that state for stateofficials, employees, andagents. The interstate commission is considered to be an instrumentality of thestates for thepurposes of any such action. Nothing in this subsection shall be construed toprotect such personfrom suit or liability for damage, loss, injury, or liability caused by theintentional or willful andwanton misconduct of such person.

      2.   The interstate commission shall defend the executive director and itsemployees and,subject to the approval of the attorney general or other appropriate legalcounsel of the memberstate represented by an interstate commission representative, shall defend suchinterstatecommission representative in any civil action seeking to impose liabilityarising out of an actualor alleged act, error or omission that occurred within the scope of interstatecommissionemployment, duties or responsibilities, or that the defendant had a reasonablebasis for believingoccurred within the scope of interstate commission employment, duties, orresponsibilities,provided that the actual or alleged act, error, or omission did not result fromintentional or willfuland wanton misconduct on the part of such person.

      3.   To the extent not covered by the state involved, member state, or theinterstatecommission, the representatives or employees of the interstate commission shallbe heldharmless in the amount of a settlement or judgment, including attorney's feesand costs, obtainedagainst such persons arising out of an actual or alleged act, error, oromission that occurredwithin the scope of interstate commission employment, duties, orresponsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofinterstate commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch persons.

      A.   Rulemaking Authority - The interstate commission shall promulgatereasonable rules inorder to effectively and efficiently achieve the purposes of this compact.Notwithstanding theforegoing, in the event the interstate commission exercises its rulemakingauthority in a mannerthat is beyond the scope of the purposes of this act, or the powers grantedhereunder, then suchan action by the interstate commission shall be invalid and have no force oreffect.

      B.   Rulemaking Procedure - Rules shall be made pursuant to a rulemakingprocess that substantially conforms to the "model state administrativeprocedure act," of 1981 Act, uniformlaws annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to theoperations of theinterstate commission.

      C.   Not later than 30 days after a rule is promulgated, any personmay file a petitionfor judicial review of the rule; provided, that the filing of such a petitionshall not stay orotherwise prevent the rule from becoming effective unless the court finds thatthe petitioner has asubstantial likelihood of success. The court shall give deference to theactions of the interstatecommission consistent with applicable law and shall not find the rule to beunlawful if the rulerepresents a reasonable exercise of the interstate commission's authority.

      D.   If a majority of the legislatures of the compacting states rejects a ruleby enactment of astatute or resolution in the same manner used to adopt the compact, then suchrule shall have nofurther force and effect in any compacting state.

      A.   Oversight

      1.   The executive, legislative and judicial branches of state government ineach member stateshall enforce this compact and shall take all actions necessary and appropriateto effectuate thecompact's purposes and intent. The provisions of this compact and the rulespromulgatedhereunder shall have standing as statutory law.

      2.   All courts shall take judicial notice of the compact and the rules in anyjudicial oradministrative proceeding in a member state pertaining to the subject matter ofthis compactwhich may affect the powers, responsibilities or actions of the interstatecommission.

      3.   The interstate commission shall be entitled to receive all service ofprocess in any suchproceeding, and shall have standing to intervene in the proceeding for allpurposes. Failure toprovide service of process to the interstate commission shall render a judgmentor order void asto the interstate commission, this compact or promulgated rules.

      B.   Default, Technical Assistance, Suspension and Termination - If theinterstatecommission determines that a member state has defaulted in the performance ofits obligationsor responsibilities under this compact, or the bylaws or promulgated rules, theinterstatecommission shall:

      1.   Provide written notice to the defaulting state and other member states, ofthe nature of thedefault, the means of curing the default and any action taken by the interstatecommission. Theinterstate commission shall specify the conditions by which the defaultingstate must cure itsdefault.

      2.   Provide remedial training and specific technical assistance regarding thedefault.

      3.   If the defaulting state fails to cure the default, the defaulting stateshall be terminatedfrom the compact upon an affirmative vote of a majority of the member statesand all rights,privileges and benefits conferred by this compact shall be terminated from theeffective date oftermination. A cure of the default does not relieve the offending state ofobligations or liabilitiesincurred during the period of the default.

      4.   Suspension or termination of membership in the compact shall be imposedonly after allother means of securing compliance have been exhausted. Notice of intent tosuspend orterminate shall be given by the interstate commission to the governor, themajority and minorityleaders of the defaulting state's legislature, and each of the member states.

      5.   The state which has been suspended or terminated is responsible for allassessments,obligations and liabilities incurred through the effective date of suspensionor terminationincluding obligations, the performance of which extends beyond the effectivedate of suspensionor termination.

      6.   The interstate commission shall not bear any costs relating to any statethat has beenfound to be in default or which has been suspended or terminated from thecompact, unlessotherwise mutually agreed upon in writing between the interstate commission andthe defaultingstate.

      7.   The defaulting state may appeal the action of the interstate commission bypetitioning theUnited States district court for the District of Columbia or the federaldistrict wherethe interstatecommission has its principal offices. The prevailing party shall be awarded allcosts of suchlitigation including reasonable attorney's fees.

      C.   Dispute Resolution

      1.   The interstate commission shall attempt, upon the request of a memberstate, to resolvedisputes which are subject to the compact and which may arise among memberstates andbetween member and non-member states.

      2.   The interstate commission shall promulgate a rule providing for bothmediation andbinding dispute resolution for disputes as appropriate.

      D.   Enforcement

      1.   The interstate commission, in the reasonable exercise of its discretion,shall enforce theprovisions and rules of this compact.

      2.   The interstate commission, by majority vote of the members, may initiatelegal action inthe United States district court for the District of Columbia or, at thediscretion of the interstatecommission, in the federal district where the interstate commission has itsprincipal offices, toenforce compliance with the provisions of the compact, its promulgated rulesand bylaws, againsta member state in default. The relief sought may include both injunctive reliefand damages. Inthe event judicial enforcement is necessary the prevailing party shall beawarded all costs of suchlitigation including reasonable attorney's fees.

      3.   The remedies herein shall not be the exclusive remedies of the interstatecommission.The interstate commission may avail itself of any other remedies availableunder state law or theregulation of a profession.

      A.   The interstate commission shall pay, or provide for the payment of thereasonableexpenses of its establishment, organization and ongoing activities.

      B.   The interstate commission may levy on and collect an annual assessmentfromeach member state to cover the cost of the operations and activities of theinterstate commission andits staff which must be in a total amount sufficient to cover the interstatecommission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocated basedupon a formula to be determined by the interstate commission, which shallpromulgate a rulebinding upon all member states.

      C.   The interstate commission shall not incur obligations of any kind prior tosecuring thefunds adequate to meet the same. The interstate commission shall not pledge thecredit of any ofthe member states, except by and with the authority of the member state.

      D.   The interstate commission shall keep accurate accounts of all receipts anddisbursements.The receipts and disbursements of the interstate commission shall be subject tothe audit andaccounting procedures established under its bylaws. All receipts anddisbursements offunds handled by the interstate commission shall be audited yearly by acertified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annualreport of the 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 legislative enactmentof thecompact into law by no less than 10 of the states. The effective dateshall be no earlier thanDecember 1, 2007. Thereafter it shall become effective and binding as to anyother member stateupon enactment of the compact into law by that state. The governors ofnon-member states ortheir designees shall be invited to participate in the activities of theinterstate commission on anon-voting basis prior to adoption of the compact by all states.

      C.   The interstate commission may propose amendments to the compact forenactment bythe member states. No amendment shall become effective and binding upon theinterstatecommission and the member states unless and until it is enacted into law byunanimous consentof the member states.

      A.   Withdrawal

      1.   Once effective, the compact shall continue in force and remain bindingupon each andevery member state. A member state may withdraw from the compactspecificallyrepealing the statute, which enacted the compact into law.

      2.   Withdrawal from this compact shall be by the enactment of a statuterepealing the same,but shall not take effect until one year after the effective date of suchstatute and until writtennotice of the withdrawal has been given by the withdrawing state to thegovernor of each othermember jurisdiction.

      3.   The withdrawing state immediately shall notify the chairperson of theinterstatecommission in writing upon the introduction of legislation repealing thiscompact in thewithdrawing state. The interstate commission shall notify the other memberstates of thewithdrawing state's intent to withdraw within 60 days of its receiptthereof.

      4.   The withdrawing state is responsible for all assessments, obligations andliabilitiesincurred through the effective date of withdrawal, including obligations, theperformance ofwhich extend beyond the effective date of withdrawal.

      5.   Reinstatement following withdrawal of a member state shall occur upon thewithdrawingstate reenacting the compact or upon such later date as determined by theinterstate commission.

      B.   Dissolution of Compact

      1.   This compact shall dissolve effective upon the date of the withdrawal ordefault of themember state which reduces the membership in the compact to one memberstate.

      2.   Upon the dissolution of this compact, the compact becomes null and voidand shall be ofno further force or effect, and the business and affairs of the interstatecommission shall beconcluded and surplus funds shall be distributed in accordance with the bylaws.

      A.   The provisions of this compact shall be severable, and if any phrase,clause, sentence orprovision is deemed unenforceable, the remaining provisions of the compactshall beenforceable.

      B.   The provisions of this compact shall be liberally construed to effectuateits purposes.

      C.   Nothing in this compact shall be construed to prohibit the applicabilityof other interstatecompacts to which the states are members.

      A.   Other Laws

      1.   Nothing herein prevents the enforcement of any other law of a member statethat is notinconsistent with this compact.

      2.   All member states' laws conflicting with this compact are superseded tothe extent of theconflict.

      B.   Binding Effect of the Compact

      1.   All lawful actions of the interstate commission, including all rules andbylawspromulgated by the interstate commission, are binding upon the member states.

      2.   All agreements between the interstate commission and the member states arebinding inaccordance with their terms.

      3.   In the event any provision of this compact exceeds the constitutionallimits imposed onthe legislature of any member state, such provision shall be ineffective to theextent of the conflict with the constitutional provision in question in thatmember state.

      History:   L. 2008, ch. 72, § 1; July 1.

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Statutes > Kansas > Chapter72 > Article60c > Statutes_30610

72-60c01

Chapter 72.--SCHOOLS Article 60c.--COMPACTS RELATING TO THE MILITARY

      72-60c01.   Interstate compact on educationalopportunity for military children.The interstate compact on educational opportunity for militarychildren is hereby enacted into law and entered into with all jurisdictionslegally joining therein, in the form substantially as follows:

Interstate Compact on EducationalOpportunity for Military Children
ARTICLE I. PURPOSE

      It is the purpose of this compact to remove barriers to educational successimposed on children ofmilitary families because of frequent moves and deployment of their parents by:

      A.   Facilitating the timely enrollment of children of military families andensuring that theyare not placed at a disadvantage due to difficulty in the transfer ofeducationalrecords from theprevious school district or variations in entrance or age requirements.

      B.   Facilitating the student placement process through which children ofmilitary families arenot disadvantaged by variations in attendance requirements, scheduling,sequencing, grading,course content or assessment.

      C.   Facilitating the qualification and eligibility for enrollment, educationalprograms, andparticipation 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 rulesimplementing theprovisions of this compact.

      F.   Providing for the uniform collection and sharing of information betweenand amongmember states, schools and military families under this compact.

      G.   Promoting coordination between this compact and other compacts affectingmilitarychildren.

      H.   Promoting flexibility and cooperation between the educational system,parents and thestudent in order to achieve educational success for the student.

ARTICLE II. DEFINITIONS

      As used in this compact, unless the context clearly requires a differentconstruction:

      A.   "Active duty" means full-time duty status in the active uniformed serviceof the UnitedStates, including members of the national guard and reserve on active dutyorders pursuant to10 U.S.C. section 1209 and 1211.

      B.   "Children of military families" means school-aged children, enrolledin kindergarten or any of the grades one through 12, in the household of anactiveduty member.

      C.   "Compact commissioner" means the voting representative of each compactingstateappointed pursuant to article VIII of this compact.

      D.   "Deployment" means the period one month prior to the service members'departurefrom their home station on military orders through six months after returnto their homestation.

      E.   "Educational records" means those official records, files and datadirectly related to astudent and maintained by the school or local education agency, including butnot limited torecords encompassing all the material kept in the student's cumulative foldersuch as generalidentifying data, records of attendance and of academic work completed, recordsof achievementand results of evaluative tests, health data, disciplinary status, testprotocols and individualizededucation programs.

      F.   "Extracurricular activities" means voluntary activities sponsored by theschool or localeducation agency or an organization sanctioned by the local education agency.Extracurricularactivities include, but are not limited to, preparation for and involvement inpublic performances,contests, athletic competitions, demonstrations, displays and club activities.

      G.   "Interstate commission on educational opportunity for military children"means thecommission that is created under article IX of this compact, which is generallyreferred to asinterstate commission.

      H.   "Local education agency" means a public authority legally constituted bythe state as anadministrative agency to provide control of and direction for kindergartenand grades one through 12 in public schools.

      I.   "Member state" means a state that has enacted this compact.

      J.   "Military installation" means a base, camp, post, station, yard,center, homeportfacility for any ship or other activity under the jurisdiction of thedepartment of defense,including any leased facility, which is located within any of the severalStates, 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 notinclude anyfacility used primarily for civil works, rivers and harbors projects or floodcontrol projects.

      K.   "Non-member state" means a state that has not enacted this compact.

      L.   "Receiving state" means the state to which a child of a military familyis sent, brought orcaused to be sent or brought.

      M.   "Rule" means a written statement by the interstate commission promulgatedpursuant toarticle XII of this compact that is of general applicability, implements,interprets or prescribes a policy or provision of the compact, or anorganizational, procedural, or practice requirement ofthe interstate commission, and has the force and effect of statutory law in amember state, andincludes the amendment, repeal, or suspension of an existing rule.

      N.   "Sending state" means the state from which a child of a military family issent, broughtor caused to be sent or brought.

      O.   "State" means a state of the United States, the District of Columbia, theCommonwealthof Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the NorthernMarianas Islandsand any other U.S. Territory.

      P.   "Student" means: the child of a military family for whom the localeducation agencyreceives public funding and who is formally enrolled in kindergarten or any ofthe grades one through 12.

      Q.   "Transition" means (1) the formal and physical process of transferringfrom school toschool or (2) the period of time in which a student moves from one school inthesending state toanother school in the receiving state.

      R.   "Uniformed services" means the army, navy, air force, marine corps,coast guard aswell as the commissioned corps of the national oceanic and atmosphericadministration andpublic health services.

      S.   "Veteran" means a person who served in the uniformed services and who wasdischargedor released there from under conditions other than dishonorable.

ARTICLE III. APPLICABILITY

      A.   Except as otherwise provided in subsection B, this compact shall apply tothechildren of:

      1.   Active duty members of the uniformed services as defined in this compact,includingmembers of the national guard and reserve on active duty orders pursuant to 10U.S.C. section1209 and 1211;

      2.   members or veterans of the uniformed services who are severely injured andmedicallydischarged or retired for a period of one year after medical discharge orretirement; and

      3.   members of the uniformed services who die on active duty or as a result ofinjuriessustained on active duty for a period of one year after death.

      B.   The provisions of this interstate compact shall only apply to localeducation agencies asdefined 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 inparagraph 1;

      3.   veterans of the uniformed services, except as provided in paragraph 1;and

      4.   other United States department of defense personnel and other federalagency civilianand contractemployees not defined as active duty members of the uniformed services.

ARTICLE IV. EDUCATIONAL RECORDS & ENROLLMENT

      A.   Unofficial or "hand-carried" education records - In the event thatofficial educationrecords cannot be released to the parents for the purpose of transfer, thecustodian of the recordsin the sending state shall prepare and furnish to the parent a complete set ofunofficialeducational records containing uniform information as determined by theinterstate commission.Upon receipt of the unofficial education records by a school in the receivingstate, the school shall enroll and appropriately place the student based on theinformationprovided in theunofficial records pending validation by the official records, as quickly aspossible.

      B.   Official education records or transcripts - Simultaneous with theenrollmentand conditionalplacement of the student, the school in the receiving state shall request thestudent's officialeducation record from the school in the sending state. Upon receipt of thisrequest, the school inthe sending state will process and furnish the official education records tothe school in thereceiving state within 10 days or within such time as is reasonablydetermined under therules promulgated by the interstate commission.

      C.   Immunizations - Compacting states shall allow 30 days from the date ofenrollmentor within such time as is reasonably determined under the rules promulgated bythe InterstateCommission, for students to obtain any immunizations required by the receivingstate. For aseries of immunizations, initial vaccinations must be obtained within30 days or withinsuch time as is reasonably determined under the rules promulgated by theinterstate commission.

      D.   Kindergarten and First grade entrance age - Students shall be allowed tocontinue theirenrollment at grade level in the receiving state commensurate with their gradelevelfrom a local education agency in the sending state at the time of transition,regardless of age. A student that has satisfactorily completed the prerequisitegrade level in thelocal education agency in the sending state shall be eligible for enrollment inthe next highestgrade level in the receiving state, regardless of age. A student transferringafter the start of theschool year in the receiving state shall enter the school in the receivingstate on their validatedlevel from an accredited school in the sending state.

ARTICLE V. PLACEMENT & ATTENDANCE

      A.   Course placement - When the student transfers before or during the schoolyear, thereceiving state school initially shall honor placement of the student ineducational courses basedon the student's enrollment in the sending state school or educationalassessments conductedat the school in the sending state if the courses are offered. Course placementincludes but is notlimited to honors, international baccalaureate, advanced placement, vocational,technical and career pathways courses. Continuing the student's academicprogram from the previous schooland promoting placement in academically and career challenging courses shouldbe paramountwhen considering placement. This does not preclude the school in the receivingstate fromperforming subsequent evaluations to ensure appropriate placement and continuedenrollment ofthe student in such courses.

      B.   Educational program placement - The receiving state school initially shallhonorplacement of the student in educational programs based on current educationalassessmentsconducted at the school in the sending state or participation or placement inlikeprograms in thesending state. Such programs include, but are not limited to, gifted andtalented programsand English as a second language (ESL). This does not preclude the school inthe receivingstate from performing subsequent evaluations to ensure appropriate placement ofthe student.

      C.   Special education services - (1) In compliance with the federalrequirements of theindividuals with disabilities education act (IDEA), 20 U.S.C.A. section 1400et seq., thereceiving state initially shall provide comparable services to a student withdisabilities based onthe student's current individualized education program (IEP). (2) In compliancewith therequirements of section 504 of the rehabilitation act, 29 U.S.C.A. section 794,and with Title IIof the Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, thereceiving stateshall make reasonable accommodations and modifications to address the needs ofincomingstudents with disabilities, subject to an existing 504 or Title II plan, toprovide the student withequal access to education. This does not preclude the school in the receivingstate fromperforming subsequent evaluations to ensure appropriate placement of thestudent.

      D.   Placement flexibility - Local education agency administrative officialsshall haveflexibility in waiving course and program prerequisites or other preconditionsforplacement incourses and programs offered under the jurisdiction of the local educationagency.

      E.   Absence as related to deployment activities - A student whose parent orlegal guardian isan active duty member of the uniformed services andhas been calledto duty for, is on leave from, or immediately returned from deployment to acombat zone orcombat support posting, shall be granted additional excused absences at thediscretion of thelocal education agency superintendent to visit with the student's parent orlegal guardian relative tosuch 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 amilitary family andexecuted under applicable law shall be sufficient for the purposes ofenrollment and all otheractions requiring parental participation and consent.

      2.   A local education agency shall be prohibited from charging local tuitionto a transitioningmilitary child placed in the care of a non-custodial parent or other personstanding in locoparentis who lives in a jurisdiction other than that of the custodial parent.

      3.   A transitioning military child, placed in the care of a non-custodialparent or other person standing in loco parentis who lives in a jurisdictionother than that of the custodial parent, maycontinue to attend the school in which the child was enrolled while residingwiththe custodialparent.

      B.   Eligibility for extracurricular participation - State and local educationagencies shallfacilitate the opportunity for transitioning military children's inclusion inextracurricularactivities, regardless of application deadlines, to the extent they areotherwise qualified.

ARTICLE VII. GRADUATION

      In order to facilitate the on-time graduation of children of military families:

      A.   Waiver requirements - Local education agency administrative officialsshall waivespecific courses required for graduation if similar course work has beensatisfactorily completedin another local education agency or shall provide reasonable justification fordenial. Should awaiver not be granted to a student who would qualify to graduate from thesending school, thelocal education agency shall provide an alternative means of acquiring requiredcoursework sothat graduation may occur on time.

      B.   Exit exams - States shall accept: (1) Exit or end-of-course exams requiredfor graduationfrom the sending state; or (2) national norm-referenced achievement tests or(3)alternative testing,in lieu of testing requirements for graduation in the receiving state. In theevent the abovealternatives cannot be accommodated by the receiving state for a studenttransferring in thesenior year, then the provisions of paragraph C of this article shall apply.

      C.   Transfers during senior year - Should a military student transferring atthe beginning orduring the senior year be ineligible to graduate from the receivinglocal education agencyafter all alternatives have been considered, the sending and receiving localeducation agenciesshall ensure the receipt of a diploma from the sending local education agency,if the studentmeets the graduation requirements of the sending local education agency. In theevent that one ofthe states in question is not a member of this compact, the member state shalluse best efforts tofacilitate the on-time graduation of the student in accordance with paragraphsAand B of thisarticle.

ARTICLE VIII. STATE COORDINATION

      A.   Each member state, through the creation of a state council or use ofan existingbody or board, shall provide for the coordination among its agencies ofgovernment,local educationagencies and military installations concerning the state's participation in,and compliance with,this compact and interstate commission activities. While each member state maydetermine themembership of its own state council, its membership must include: Thecommissioner of education, a superintendent of a school district with a highconcentration of military children, a representative from a militaryinstallation, one representative each from thelegislative and executive branches of government and other offices andstakeholder groups thestate council deems appropriate. A member state that does not have a schooldistrict deemed tocontain a high concentration of military children may appoint a superintendentfrom anotherschool district to represent local education agencies on the state council.

      B.   The state council of each member state shall appoint or designate amilitary familyeducation liaison to assist military families and the state in facilitating theimplementation of thiscompact.

      C.   The compact commissioner responsible for the administration and managementof thestate's participation in the compact shall be appointed by the governor or asotherwisedetermined by each member state.

      D.   The compact commissioner and the military family education liaisondesignated hereinshall be ex-officio members of the state council, unless either is already afull voting member ofthe state council.

ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONALOPPORTUNITY FOR MILITARY CHILDREN

      The member states hereby create the "interstate commission on educationalopportunity formilitary children." The activities of the interstate commission are theformation of public policyand are a discretionary state function. The interstate commission shall:

      A.   Be a body corporate and joint agency of the member states and shall haveall theresponsibilities, powers and duties set forth herein, and such additionalpowers as may beconferred upon it by a subsequent concurrent action of the respectivelegislatures of the memberstates in accordance with the terms of this compact.

      B.   Consist of one interstate commission voting representative from eachmember state whoshall be that state's compact commissioner.

      1.   Each member state represented at a meeting of the interstate commission isentitled toone vote.

      2.   A majority of the total member states shall constitute a quorum for thetransaction ofbusiness, unless a larger quorum is required by the bylaws of the interstatecommission.

      3.   A representative shall not delegate a vote to another member state. In theevent thecompact commissioner is unable to attend a meeting of the interstatecommission, the governoror state council may delegate voting authority to another person from theirstate for a specifiedmeeting.

      4.   The bylaws may provide for meetings of the interstate commission to beconducted bytelecommunication or electronic communication.

      C.   Consist of ex-officio, non-voting representatives who are members ofinterested organizations. Such ex-officio members, as defined in the bylaws,may include but not belimited to, members of the representative organizations of military familyadvocates, localeducation agency officials, parent and teacher groups, the United Statesdepartment of defense, theeducation commission of the states, the interstate agreement on thequalification ofeducational personnel and other interstate compacts affecting the education ofchildren ofmilitary members.

      D.   Meet at least once each calendar year. The chairperson may calladditional meetings and,upon the request of a simple majority of the member states, shall calladditional meetings.

      E.   Establish an executive committee, whose members shall include the officersof theinterstate commission and such other members of the interstate commission asdetermined bythe bylaws. Members of the executive committee shall serve a one year term.Members of theexecutive committee shall be entitled to one vote each. The executive committeeshall have thepower to act on behalf of the interstate commission, with the exception ofrulemaking, duringperiods when the interstate commission is not in session. The executivecommittee shall overseethe day-to-day activities of the administration of the compact includingenforcement andcompliance with the provisions of the compact, its bylaws and rules, and othersuch duties asdeemed necessary. The United States department of defense, shall serve as anex-officio, nonvoting member ofthe executive committee.

      F.   Establish bylaws and rules that provide for conditions and proceduresunder which theinterstate commission shall make its information and official records availableto the public forinspection or copying. The interstate commission may exempt from disclosureinformation orofficial records to the extent they would adversely affect personal privacyrights or proprietaryinterests.

      G.   Public notice shall be given by the interstate commission of all meetingsand all meetingsshall be open to the public, except as set forth in the rules or as otherwiseprovided in thecompact. The interstate commission and its committees may close a meeting, orportion thereof,where it determines by two-thirds vote that an open meeting would be likely to:

      1.   Relate solely to the interstate commission's internal personnel practicesand procedures;

      2.   disclose matters specifically exempted from disclosure by federal andstate statute;

      3.   disclose trade secrets or commercial or financial information which isprivileged orconfidential;

      4.   involve accusing a person of a crime, or formally censuring a person;

      5.   disclose information of a personal nature where disclosure wouldconstitute a clearlyunwarranted invasion of personal privacy;

      6.   disclose investigative records compiled for law enforcement purposes; or

      7.   specifically relate to the interstate commission's participation in acivil action or otherlegal proceeding.

      H.   For a meeting, or portion of a meeting, closed pursuant to this provision,the interstatecommission's legal counsel or designee shall certify that the meeting may beclosed and shallreference each relevant exemptible provision. The interstate commission shallkeep minutes which shall fully and clearly describe all matters discussed in ameeting and shall provide a fulland accurate summary of actions taken, and the reasons therefore, including adescription of theviews expressed and the record of a roll call vote. All documents considered inconnection withan action shall be identified in such minutes. All minutes and documents of aclosed meetingshall remain under seal, subject to release by a majority vote of theinterstate commission.

      I.   The interstate commission shall collect standardized data concerning theeducationaltransition of the children of military families under this compact as directedthrough its ruleswhich shall specify the data to be collected, the means of collection and dataexchange andreporting requirements. Such methods of data collection, exchange andreporting shall, in so faras is reasonably possible, conform to current technology and coordinate itsinformation functionswith the appropriate custodian of records as identified in the bylaws andrules.

      J.   The interstate commission shall create a process that permits militaryofficials, educationofficials and parents to inform the interstate commission if and when there arealleged violationsof the compact or its rules or when issues subject to the jurisdiction of thecompact or its rulesare not addressed by the state or local education agency. This section shallnot be construed tocreate a private right of action against the interstate commission or anymember state.

ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

      The interstate commission shall have the power to:

      A.   Provide for dispute resolution among member states.

      B.   Promulgate rules and take all necessary actions to effect the goals,purposes andobligations as enumerated in this compact. The rules shall have the force andeffect of statutorylaw and shall be binding in the compact states to the extent and in the mannerprovided in thiscompact.

      C.   Issue, upon request of a member state, advisory opinions concerning themeaning orinterpretation of the interstate compact, its bylaws, rules and actions.

      D.   Enforce compliance with the compact provisions, the rules promulgated bytheinterstate commission, and the bylaws, using all necessary and proper means,including, but notlimited to, the use of judicial process.

      E.   Establish and maintain offices which shall be located within one ormore of themember states.

      F.   Purchase and maintain insurance and bonds.

      G.   Borrow, accept, hire or contract for services of personnel.

      H.   Establish and appoint committees including, but not limited to, anexecutivecommittee as required by article IX, which shall have the power toact on behalf ofthe interstate commission in carrying out its powers and duties hereunder.

      I.   Elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fixtheir compensation, define their duties and determine their qualifications; andto establish theinterstate commission's personnel policies and programs relating to conflictsof interest, rates ofcompensation, and qualifications of personnel.

      J.   Accept any and all donations and grants of money, equipment, supplies,materials andservices, and to receive, utilize, and dispose of it.

      K.   Lease, purchase, accept contributions or donations of, or otherwise toown, hold,improve or use any property, real, personal or mixed.

      L.   Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose of anyproperty, real, personal or mixed.

      M.   Establish a budget and make expenditures.

      N.   Adopt a seal and bylaws governing the management and operation of theinterstatecommission.

      O.   Report annually to the legislatures, governors, judiciary, and statecouncils of themember states concerning the activities of the interstate commission during thepreceding year.Such reports shall also include any recommendations that may have been adoptedby theinterstate commission.

      P.   Coordinate education, training and public awareness regarding thecompact, itsimplementation and operation for officials and parents involved in suchactivity.

      Q.   Establish uniform standards for the reporting, collecting andexchanging of data.

      R.   Maintain corporate books and records in accordance with the bylaws.

      S.   Perform such functions as may be necessary or appropriate to achievethe purposes ofthis compact.

      T.   Provide for the uniform collection and sharing of information betweenand amongmember 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 andvoting, within 12 months after the first interstate commission meeting, shalladoptbylaws to govern its conduct asmay be necessary or appropriate 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 as may benecessary;

      3.   providing for the establishment of committees and for governing anygeneral or specificdelegation of authority or function of the interstate commission;

      4.   providing reasonable procedures for calling and conducting meetings of theinterstatecommission, and ensuring reasonable notice of each such meeting;

      5.   establishing the titles and responsibilities of the officers and staff ofthe interstatecommission;

      6.   providing a mechanism for concluding the operations of the interstatecommission andthe return of surplus funds that may exist upon the termination of the compactafter the paymentand reserving of all of its debts and obligations; and

      7.   providing "start up" rules for initial administration of the compact.

      B.   The interstate commission, by a majority of the members, shall electannually fromamong its members a chairperson, a vice-chairperson, and a treasurer, each ofwhom shall havesuch authority and duties as may be specified in the bylaws. The chairpersonor, in thechairperson's absence or disability, the vice-chairperson, shall preside at allmeetings of theinterstate commission. The officers so elected shall serve withoutcompensation orremuneration from the interstate commission. Subject to theavailability ofbudgeted funds, the officers shall be reimbursed for ordinary and necessarycosts and expensesincurred by them in the performance of their responsibilities as officers ofthe interstatecommission.

      C.   Executive Committee, Officers and Personnel

      1.   The executive committee shall have such authority and duties as may beset forth inthe bylaws, including but not limited to:

      a.   Managing the affairs of the interstate commission in a manner consistentwith the bylawsand purposes of the interstate commission;

      b.   overseeing an organizational structure within, and appropriate proceduresfor theinterstate commission to provide for the creation of rules, operatingprocedures, andadministrative and technical support functions; and

      c.   planning, implementing, and coordinating communications and activitieswith other state,federal and local government organizations in order to advance the goals of theinterstatecommission.

      2.   The executive committee may, subject to the approval of the interstatecommission,appoint or retain an executive director for such period, upon such terms andconditions and forsuch compensation, as the interstate commission may deem appropriate. Theexecutive directorshall serve as secretary to the interstate commission, but shall not be amember of the interstatecommission. The executive director shall hire and supervise such other personsas may beauthorized by the interstate commission.

      D.   The interstate commission's executive director and its employees shall beimmune fromsuit and liability, either personally or in their official capacity, for aclaim for damage to or lossof property or personal injury or other civil liability caused by or arisingoutof or relating to anactual or alleged act, error, or omission that occurred, or that such personhad a reasonable basisfor believing occurred, within the scope of interstate commission employment,duties, orresponsibilities; provided, that such person shall not be protected from suitor liability fordamage, loss, injury, or liability caused by the intentional or willful andwanton misconduct ofsuch person.

      1.   The liability of the interstate commission's executive director andemployees or interstatecommission representatives, acting within the scope of such person's employmentor duties foracts, errors, or omissions occurring within such person's state may not exceedthe limits ofliability set forth under the constitution and laws of that state for stateofficials, employees, andagents. The interstate commission is considered to be an instrumentality of thestates for thepurposes of any such action. Nothing in this subsection shall be construed toprotect such personfrom suit or liability for damage, loss, injury, or liability caused by theintentional or willful andwanton misconduct of such person.

      2.   The interstate commission shall defend the executive director and itsemployees and,subject to the approval of the attorney general or other appropriate legalcounsel of the memberstate represented by an interstate commission representative, shall defend suchinterstatecommission representative in any civil action seeking to impose liabilityarising out of an actualor alleged act, error or omission that occurred within the scope of interstatecommissionemployment, duties or responsibilities, or that the defendant had a reasonablebasis for believingoccurred within the scope of interstate commission employment, duties, orresponsibilities,provided that the actual or alleged act, error, or omission did not result fromintentional or willfuland wanton misconduct on the part of such person.

      3.   To the extent not covered by the state involved, member state, or theinterstatecommission, the representatives or employees of the interstate commission shallbe heldharmless in the amount of a settlement or judgment, including attorney's feesand costs, obtainedagainst such persons arising out of an actual or alleged act, error, oromission that occurredwithin the scope of interstate commission employment, duties, orresponsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofinterstate commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch persons.

ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

      A.   Rulemaking Authority - The interstate commission shall promulgatereasonable rules inorder to effectively and efficiently achieve the purposes of this compact.Notwithstanding theforegoing, in the event the interstate commission exercises its rulemakingauthority in a mannerthat is beyond the scope of the purposes of this act, or the powers grantedhereunder, then suchan action by the interstate commission shall be invalid and have no force oreffect.

      B.   Rulemaking Procedure - Rules shall be made pursuant to a rulemakingprocess that substantially conforms to the "model state administrativeprocedure act," of 1981 Act, uniformlaws annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to theoperations of theinterstate commission.

      C.   Not later than 30 days after a rule is promulgated, any personmay file a petitionfor judicial review of the rule; provided, that the filing of such a petitionshall not stay orotherwise prevent the rule from becoming effective unless the court finds thatthe petitioner has asubstantial likelihood of success. The court shall give deference to theactions of the interstatecommission consistent with applicable law and shall not find the rule to beunlawful if the rulerepresents a reasonable exercise of the interstate commission's authority.

      D.   If a majority of the legislatures of the compacting states rejects a ruleby enactment of astatute or resolution in the same manner used to adopt the compact, then suchrule shall have nofurther 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 ineach member stateshall enforce this compact and shall take all actions necessary and appropriateto effectuate thecompact's purposes and intent. The provisions of this compact and the rulespromulgatedhereunder shall have standing as statutory law.

      2.   All courts shall take judicial notice of the compact and the rules in anyjudicial oradministrative proceeding in a member state pertaining to the subject matter ofthis compactwhich may affect the powers, responsibilities or actions of the interstatecommission.

      3.   The interstate commission shall be entitled to receive all service ofprocess in any suchproceeding, and shall have standing to intervene in the proceeding for allpurposes. Failure toprovide service of process to the interstate commission shall render a judgmentor order void asto the interstate commission, this compact or promulgated rules.

      B.   Default, Technical Assistance, Suspension and Termination - If theinterstatecommission determines that a member state has defaulted in the performance ofits obligationsor responsibilities under this compact, or the bylaws or promulgated rules, theinterstatecommission shall:

      1.   Provide written notice to the defaulting state and other member states, ofthe nature of thedefault, the means of curing the default and any action taken by the interstatecommission. Theinterstate commission shall specify the conditions by which the defaultingstate must cure itsdefault.

      2.   Provide remedial training and specific technical assistance regarding thedefault.

      3.   If the defaulting state fails to cure the default, the defaulting stateshall be terminatedfrom the compact upon an affirmative vote of a majority of the member statesand all rights,privileges and benefits conferred by this compact shall be terminated from theeffective date oftermination. A cure of the default does not relieve the offending state ofobligations or liabilitiesincurred during the period of the default.

      4.   Suspension or termination of membership in the compact shall be imposedonly after allother means of securing compliance have been exhausted. Notice of intent tosuspend orterminate shall be given by the interstate commission to the governor, themajority and minorityleaders of the defaulting state's legislature, and each of the member states.

      5.   The state which has been suspended or terminated is responsible for allassessments,obligations and liabilities incurred through the effective date of suspensionor terminationincluding obligations, the performance of which extends beyond the effectivedate of suspensionor termination.

      6.   The interstate commission shall not bear any costs relating to any statethat has beenfound to be in default or which has been suspended or terminated from thecompact, unlessotherwise mutually agreed upon in writing between the interstate commission andthe defaultingstate.

      7.   The defaulting state may appeal the action of the interstate commission bypetitioning theUnited States district court for the District of Columbia or the federaldistrict wherethe interstatecommission has its principal offices. The prevailing party shall be awarded allcosts of suchlitigation including reasonable attorney's fees.

      C.   Dispute Resolution

      1.   The interstate commission shall attempt, upon the request of a memberstate, to resolvedisputes which are subject to the compact and which may arise among memberstates andbetween member and non-member states.

      2.   The interstate commission shall promulgate a rule providing for bothmediation andbinding dispute resolution for disputes as appropriate.

      D.   Enforcement

      1.   The interstate commission, in the reasonable exercise of its discretion,shall enforce theprovisions and rules of this compact.

      2.   The interstate commission, by majority vote of the members, may initiatelegal action inthe United States district court for the District of Columbia or, at thediscretion of the interstatecommission, in the federal district where the interstate commission has itsprincipal offices, toenforce compliance with the provisions of the compact, its promulgated rulesand bylaws, againsta member state in default. The relief sought may include both injunctive reliefand damages. Inthe event judicial enforcement is necessary the prevailing party shall beawarded all costs of suchlitigation including reasonable attorney's fees.

      3.   The remedies herein shall not be the exclusive remedies of the interstatecommission.The interstate commission may avail itself of any other remedies availableunder state law or theregulation of a profession.

ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION

      A.   The interstate commission shall pay, or provide for the payment of thereasonableexpenses of its establishment, organization and ongoing activities.

      B.   The interstate commission may levy on and collect an annual assessmentfromeach member state to cover the cost of the operations and activities of theinterstate commission andits staff which must be in a total amount sufficient to cover the interstatecommission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocated basedupon a formula to be determined by the interstate commission, which shallpromulgate a rulebinding upon all member states.

      C.   The interstate commission shall not incur obligations of any kind prior tosecuring thefunds adequate to meet the same. The interstate commission shall not pledge thecredit of any ofthe member states, except by and with the authority of the member state.

      D.   The interstate commission shall keep accurate accounts of all receipts anddisbursements.The receipts and disbursements of the interstate commission shall be subject tothe audit andaccounting procedures established under its bylaws. All receipts anddisbursements offunds handled by the interstate commission shall be audited yearly by acertified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annualreport of the 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 legislative enactmentof thecompact into law by no less than 10 of the states. The effective dateshall be no earlier thanDecember 1, 2007. Thereafter it shall become effective and binding as to anyother member stateupon enactment of the compact into law by that state. The governors ofnon-member states ortheir designees shall be invited to participate in the activities of theinterstate commission on anon-voting basis prior to adoption of the compact by all states.

      C.   The interstate commission may propose amendments to the compact forenactment bythe member states. No amendment shall become effective and binding upon theinterstatecommission and the member states unless and until it is enacted into law byunanimous consentof the member states.

ARTICLE XVI. WITHDRAWAL AND DISSOLUTION

      A.   Withdrawal

      1.   Once effective, the compact shall continue in force and remain bindingupon each andevery member state. A member state may withdraw from the compactspecificallyrepealing the statute, which enacted the compact into law.

      2.   Withdrawal from this compact shall be by the enactment of a statuterepealing the same,but shall not take effect until one year after the effective date of suchstatute and until writtennotice of the withdrawal has been given by the withdrawing state to thegovernor of each othermember jurisdiction.

      3.   The withdrawing state immediately shall notify the chairperson of theinterstatecommission in writing upon the introduction of legislation repealing thiscompact in thewithdrawing state. The interstate commission shall notify the other memberstates of thewithdrawing state's intent to withdraw within 60 days of its receiptthereof.

      4.   The withdrawing state is responsible for all assessments, obligations andliabilitiesincurred through the effective date of withdrawal, including obligations, theperformance ofwhich extend beyond the effective date of withdrawal.

      5.   Reinstatement following withdrawal of a member state shall occur upon thewithdrawingstate reenacting the compact or upon such later date as determined by theinterstate commission.

      B.   Dissolution of Compact

      1.   This compact shall dissolve effective upon the date of the withdrawal ordefault of themember state which reduces the membership in the compact to one memberstate.

      2.   Upon the dissolution of this compact, the compact becomes null and voidand shall be ofno further force or effect, and the business and affairs of the interstatecommission shall beconcluded 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 orprovision is deemed unenforceable, the remaining provisions of the compactshall beenforceable.

      B.   The provisions of this compact shall be liberally construed to effectuateits purposes.

      C.   Nothing in this compact shall be construed to prohibit the applicabilityof other interstatecompacts 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 statethat is notinconsistent with this compact.

      2.   All member states' laws conflicting with this compact are superseded tothe extent of theconflict.

      B.   Binding Effect of the Compact

      1.   All lawful actions of the interstate commission, including all rules andbylawspromulgated by the interstate commission, are binding upon the member states.

      2.   All agreements between the interstate commission and the member states arebinding inaccordance with their terms.

      3.   In the event any provision of this compact exceeds the constitutionallimits imposed onthe legislature of any member state, such provision shall be ineffective to theextent of the conflict with the constitutional provision in question in thatmember state.

      History:   L. 2008, ch. 72, § 1; July 1.

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