State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-407_5

Article 29B.

Interstate Compact onEducational Opportunity for Military Children.

§ 115C‑407.5. Interstate Compact on Educational Opportunity for Military Children.

The Interstate Compact onEducational Opportunity for Military Children is hereby enacted into law andentered into with all jurisdictions legally joining therein in the formsubstantially as follows:

ARTICLE I.

PURPOSE.

It is the purpose of thiscompact to remove barriers to educational success imposed on children ofmilitary families because of frequent moves and deployment of their parents by:

A.        Facilitating thetimely enrollment of children of military families and ensuring that they arenot placed at a disadvantage due to difficulty in the transfer of educationrecords from the previous school district(s) or variations in entrance/agerequirements.

B.         Facilitating thestudent placement process through which children of military families are notdisadvantaged by variations in attendance requirements, scheduling, sequencing,grading, course content or assessment.

C.        Facilitating thequalification and eligibility for enrollment, educational programs, andparticipation in extracurricular academic, athletic, and social activities.

D.        Facilitating the on‑timegraduation of children of military families.

E.         Providing for thepromulgation and enforcement of administrative rules implementing theprovisions of this compact.

F.         Providing for theuniform collection and sharing of information between and among member states,schools and military families under this compact.

G.        Promotingcoordination between this compact and other compacts affecting militarychildren.

H.        Promotingflexibility 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 different construction:

A.        "Activeduty" means: full‑time duty status in the active uniformed serviceof the United States, including members of the National Guard and Reserve onactive duty orders pursuant to 10 U.S.C. § 12301, et. seq. and 10 U.S.C. §12401, et. seq.

B.         "Children ofmilitary families" means: a school‑aged child(ren), enrolled inKindergarten through Twelfth (12th) grade, in the household of an active dutymember.

C.        "Compactcommissioner" means: the voting representative of each compacting stateappointed pursuant to Article VIII of this compact.

D.        "Deployment"means: the period one (1) month prior to the service members' departure from theirhome station on military orders though six (6) months after return to theirhome station.

E.         "Education(al)records" means: those official records, files, and data directly relatedto a student and maintained by the school or local education agency, includingbut not limited to records encompassing all the material kept in the student'scumulative folder such as general identifying data, records of attendance andof academic work completed, records of achievement and results of evaluativetests, health data, disciplinary status, test protocols, and individualizededucation programs.

F.         "Extracurricularactivities" means: a voluntary activity sponsored by the school or localeducation agency or an organization sanctioned by the local education agency.Extracurricular activities include, but are not limited to, preparation for andinvolvement in public performances, contests, athletic competitions,demonstrations, displays, and club activities.

G.        "InterstateCommission on Educational Opportunity for Military Children" means: thecommission that is created under Article IX of this compact, which is generallyreferred to as Interstate Commission.

H.        "Localeducation agency" means: a public authority legally constituted by thestate as an administrative agency to provide control of and direction forKindergarten through Twelfth (12th) grade public educational institutions.

I.          "Memberstate" means: a state that has enacted this compact.

J.          "Militaryinstallation" 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 withinany of the several States, the District of Columbia, the Commonwealth of PuertoRico, the U.S. Virgin Islands, Guam, American Samoa, the Northern MarianasIslands and any other U.S. Territory. Such term does not include any facilityused primarily for civil works, rivers and harbors projects, or flood controlprojects.

K.        "Non‑memberstate" means: a state that has not enacted this compact.

L.         "Receivingstate" means: the state to which a child of a military family is sent,brought, or caused to be sent or brought.

M.        "Rule"means: a written statement by the Interstate Commission promulgated pursuant 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 of the InterstateCommission, and has the force and effect of rules promulgated under theAdministrative Procedures Act as found in Chapter 150B of the North CarolinaGeneral Statutes, and includes the amendment, repeal, or suspension of anexisting rule.

N.        "Sendingstate" means: the state from which a child of a military family is sent,brought, or caused to be sent or brought.

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

P.         "Student"means: the child of a military family for whom the local education agencyreceives public funding and who is formally enrolled in Kindergarten throughTwelfth (12th) grade.

Q.        "Transition"means: 1) the formal and physical process of transferring from school to schoolor 2) the period of time in which a student moves from one school in thesending state to another school in the receiving state.

R.         "Uniformedservice(s)" means: the Army, Navy, Air Force, Marine Corps, Coast Guard aswell as the Commissioned Corps of the National Oceanic and AtmosphericAdministration, and Public Health Services.

S.         "Veteran"means: a person who served in the uniformed services and who was discharged orreleased there from under conditions other than dishonorable.

ARTICLE III.

APPLICABILITY.

A.        Except as otherwiseprovided in Section B, this compact shall apply to the children of:

1.         active duty membersof the uniformed services as defined in this compact, including members of theNational Guard and Reserve on active duty orders pursuant to 10 U.S.C. § 12301,et. seq. and 10 U.S.C. § 12401, et. seq.;

2.         members or veteransof the uniformed services who are severely injured and medically discharged orretired for a period of one (1) year after medical discharge or retirement; and

3.         members of theuniformed services who die on active duty or as a result of injuries sustainedon active duty for a period of one (1) year after death.

B.         The provisions ofthis interstate compact shall only apply to local education agencies as definedin this compact.

C.        The provisions ofthis compact shall not apply to the children of:

1.         inactive members ofthe National Guard and military reserves;

2.         members of theuniformed services now retired, except as provided in Section A;

3.         veterans of theuniformed services, except as provided in Section A; and other U.S. Dept. ofDefense personnel and other federal agency civilian and contract employees notdefined as active duty members of the uniformed services.

ARTICLE IV.

EDUCATIONAL RECORDS & ENROLLMENT.

A.        Unofficial or"hand‑carried" education records – In the event that officialeducation records cannot be released to the parents for the purpose oftransfer, the custodian of the records in the sending state shall prepare andfurnish to the parent a complete set of unofficial educational recordscontaining uniform information as determined by the Interstate Commission. Uponreceipt of the unofficial education records by a school in the receiving state,the school shall enroll and appropriately place the student based on theinformation provided in the unofficial records pending validation by theofficial records, as quickly as possible.

B.         Official educationrecords/transcripts – Simultaneous with the enrollment and conditionalplacement of the student, the school in the receiving state shall request thestudent's official education record from the school in the sending state. Uponreceipt of this request, the school in the sending state will process andfurnish the official education records to the school in the receiving statewithin ten (10) days or within such time as is reasonably determined under therules promulgated by the Interstate Commission.

C.        Immunizations – Compactingstates shall give thirty (30) days from the date of enrollment or within suchtime as is reasonably determined under the rules promulgated by the InterstateCommission, for students to obtain any immunization(s) required by thereceiving state. For a series of immunizations, initial vaccinations must beobtained within thirty (30) days or within such time as is reasonablydetermined under the rules promulgated by the Interstate Commission.

D.        Kindergarten andFirst grade entrance age – Students shall be allowed to continue theirenrollment at grade level in the receiving state commensurate with their gradelevel (including Kindergarten) from a local education agency in the sendingstate at the time of transition, regardless of age. A student that hassatisfactorily completed the prerequisite grade level in the local educationagency in the sending state shall be eligible for enrollment in the nexthighest grade level in the receiving state, regardless of age. A studenttransferring after the start of the school year in the receiving state shallenter the school in the receiving state on their validated level from anaccredited school in the sending state.

ARTICLE V.

PLACEMENT & ATTENDANCE.

A.        Course placement – Whenthe student transfers before or during the school year, the receiving state schoolshall initially honor placement of the student in educational courses based onthe student's enrollment in the sending state school and/or educationalassessments conducted at the school in the sending state if the courses areoffered. Course placement includes but is not limited to Honors, InternationalBaccalaureate, Advanced Placement, vocational, technical and career pathwayscourses. Continuing the student's academic program from the previous school andpromoting placement in academically and career challenging courses should beparamount when considering placement. This does not preclude the school in thereceiving state from performing subsequent evaluations to ensure appropriateplacement and continued enrollment of the student in the course(s).

B.         Educational programplacement – The receiving state school shall initially honor placement of thestudent in educational programs based on current educational assessmentsconducted at the school in the sending state or participation/placement in likeprograms in the sending state. Such programs include, but are not limited to:1) gifted and talented programs; and 2) English as a second language (ESL).This does not preclude the school in the receiving state from performingsubsequent evaluations to ensure appropriate placement of the student.

C.        Special educationservices – 1) In compliance with the federal requirements of the Individualswith Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., the receivingstate shall initially provide comparable services to a student withdisabilities based on his/her current Individualized Education Program (IEP);and 2) In compliance with the requirements of Section 504 of the RehabilitationAct, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act,42 U.S.C. §§ 12131‑12165, the receiving state shall make reasonableaccommodations and modifications to address the needs of incoming students withdisabilities, subject to an existing 504 or Title II Plan, to provide thestudent with equal access to education. This does not preclude the school inthe receiving state from performing subsequent evaluations to ensureappropriate placement of the student.

D.        Placementflexibility – Local education agency administrative officials shall haveflexibility in waiving course/program prerequisites, or other preconditions forplacement in courses/programs offered under the jurisdiction of the localeducation agency.

E.         Absence as relatedto deployment activities – A student whose parent or legal guardian is anactive duty member of the uniformed services, as defined by the compact, andhas been called to duty for, is on leave from, or immediately returned fromdeployment to a combat zone or combat support posting, shall be grantedadditional excused absences at the discretion of the local education agencysuperintendent to visit with his or her parent or legal guardian relative tosuch leave or deployment of the parent or guardian.

ARTICLE VI.

ELIGIBILITY.

A.        Eligibility forenrollment – Children of military families shall be eligible for enrollment inthe public schools of North Carolina pursuant to the provisions of G.S. 115C‑366,including the provisions of G.S. 115C‑366(a3) that provides foradmission, without the payment of tuition, of children of military families notdomiciled within the school district, provided that the affidavits provided forin that section and other specified conditions are met.

B.         Eligibility forextracurricular participation – State and local education agencies shallfacilitate the opportunity for transitioning military children's inclusion inextracurricular activities, regardless of application deadlines, to the extentthey are otherwise qualified.

ARTICLE VII.

GRADUATION.

In order to facilitate the on‑timegraduation of children of military families, states and local educationagencies shall incorporate the following procedures:

A.        Waiver requirements– Local education agency administrative officials shall waive specific coursesrequired for graduation if similar course work has been satisfactorilycompleted in another local education agency or shall provide reasonablejustification for denial. Should a waiver not be granted to a student who wouldqualify to graduate from the sending school, the local education agency shallprovide an alternative means of acquiring required coursework so thatgraduation may occur on time.

B.         Exit exams – Statesshall accept: 1) exit or end‑of‑course exams required forgraduation from the sending state; or 2) national norm‑referencedachievement tests or 3) alternative testing, in lieu of testing requirementsfor graduation in the receiving state. In the event the above alternativescannot be accommodated by the receiving state for a student transferring in hisor her Senior year, then the provisions of Article VII, Section C shall apply.

C.        Transfers duringSenior year – Should a military student transferring at the beginning or duringhis or her Senior year be ineligible to graduate from the receiving localeducation agency after all alternatives have been considered, the sending andreceiving local education agencies shall ensure the receipt of a diploma fromthe sending local education agency, if the student meets the graduationrequirements of the sending local education agency. In the event that one ofthe states in question is not a member of this compact, the member state shalluse best efforts to facilitate the on‑time graduation of the student inaccordance with Sections A and B of this Article.

ARTICLE VIII.

STATE COORDINATION.

A.        Each member stateshall, through the creation of a State Council or use of an existing body orboard, provide for the coordination among its agencies of government, localeducation agencies and military installations concerning the state'sparticipation in, and compliance with, this compact and Interstate Commissionactivities. While each member state may determine the membership of its ownState Council, its membership must include at least: the state superintendentof education, superintendent of a school district with a high concentration ofmilitary children, representative from a military installation, onerepresentative each from the legislative and executive branches of government,and other offices and stakeholder groups the State Council deems appropriate. Amember state that does not have a school district deemed to contain a highconcentration of military children may appoint a superintendent from anotherschool district to represent local education agencies on the State Council.

B.         The State Councilof each member state shall appoint or designate a military family educationliaison to assist military families and the state in facilitating theimplementation of this compact.

C.        The compactcommissioner responsible for the administration and management of the state'sparticipation in the compact shall be appointed by the Governor or as otherwisedetermined by each member state.

D.        The compactcommissioner and the military family education liaison designated herein shallbe ex‑officio members of the State Council, unless either is already afull voting member of the State Council.

ARTICLE IX

INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

The member states herebycreate the "Interstate Commission on Educational Opportunity for MilitaryChildren." The activities of the Interstate Commission are the formationof public policy and are a discretionary state function. The InterstateCommission shall:

A.        Be a body corporateand joint agency of the member states and shall have all the responsibilities,powers and duties set forth herein, and such additional powers as may beconferred upon it by a subsequent concurrent action of the respectivelegislatures of the member states in accordance with the terms of this compact.

B.         Consist of oneInterstate Commission voting representative from each member state who shall bethat state's compact commissioner.

1.         Each member staterepresented at a meeting of the Interstate Commission is entitled to one vote.

2.         A majority of thetotal member states shall constitute a quorum for the transaction of business,unless a larger quorum is required by the bylaws of the Interstate Commission.

3.         A representativeshall not delegate a vote to another member state. In the event the compactcommissioner is unable to attend a meeting of the Interstate Commission, theGovernor or State Council may delegate voting authority to another person fromtheir state for a specified meeting.

4.         The bylaws mayprovide for meetings of the Interstate Commission to be conducted by telecommunicationor electronic communication.

C.        Consist of ex‑officio,non‑voting representatives who are members of interested organizations.Such ex‑officio members, as defined in the bylaws, may include but not belimited to, members of the representative organizations of military familyadvocates, local education agency officials, parent and teacher groups, theU.S. Department of Defense, the Education Commission of the States, theInterstate Agreement on the Qualification of Educational Personnel and other interstatecompacts affecting the education of children of military members.

D.        Meet at least onceeach calendar year. The chairperson may call additional meetings and, upon therequest of a simple majority of the member states, shall call additionalmeetings.

E.         Establish anexecutive committee, whose members shall include the officers of the InterstateCommission and such other members of the Interstate Commission as determined bythe bylaws. Members of the executive committee shall serve a one year term. Membersof the executive committee shall be entitled to one vote each. The executivecommittee shall have the power to act on behalf of the Interstate Commission,with the exception of rulemaking, during periods when the Interstate Commissionis not in session. The executive committee shall oversee the day‑to‑dayactivities of the administration of the compact including enforcement andcompliance with the provisions of the compact, its bylaws and rules, and othersuch duties as deemed necessary. The U.S. Dept. of Defense shall serve as an ex‑officio,nonvoting member of the executive committee.

F.         Establish bylawsand rules that provide for conditions and procedures under which the InterstateCommission shall make its information and official records available to thepublic for inspection or copying. The Interstate Commission may exempt fromdisclosure information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.

G.        Give public noticeof all meetings and all meetings shall be open to the public, except as setforth in the rules or as otherwise provided in the compact. The InterstateCommission and its committees may close a meeting, or portion thereof, where itdetermines by two‑thirds vote that an open meeting would be likely to:

1.         Relate solely to theInterstate Commission's internal personnel practices and procedures;

2.         Disclose mattersspecifically exempted from disclosure by federal and state statute;

3.         Disclose tradesecrets or commercial or financial information which is privileged orconfidential;

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

5.         Disclose informationof a personal nature where disclosure would constitute a clearly unwarrantedinvasion of personal privacy;

6.         Discloseinvestigative records compiled for law enforcement purposes; or

7.         Specifically relateto the Interstate Commission's participation in a civil action or other legalproceeding.

H.        Shall cause itslegal counsel or designee to certify that a meeting may be closed and shallreference each relevant exemptible provision for any meeting, or portion of ameeting, which is closed pursuant to this provision. The Interstate Commissionshall keep minutes which shall fully and clearly describe all matters discussedin a meeting and shall provide a full and accurate summary of actions taken,and the reasons therefore, including a description of the views expressed andthe record of a roll call vote. All documents considered in connection with anaction shall be identified in such minutes. All minutes and documents of aclosed meeting shall remain under seal, subject to release by a majority voteof the Interstate Commission.

I.          Shall collectstandardized data concerning the educational transition of the children ofmilitary families under this compact as directed through its rules which shallspecify the data to be collected, the means of collection and data exchange andreporting requirements. Such methods of data collection, exchange and reportingshall, in so far as is reasonably possible, conform to current technology andcoordinate its information functions with the appropriate custodian of recordsas identified in the bylaws and rules.

J.          Shall create aprocess that permits military officials, education officials and parents toinform the Interstate Commission if and when there are alleged violations ofthe compact or its rules or when issues subject to the jurisdiction of thecompact or its rules are not addressed by the state or local education agency.This section shall not be construed to create a private right of action againstthe Interstate Commission, any member state, or any local education agency.

ARTICLE X.

POWERS AND DUTIES OF THE INTERSTATE COMMISSION.

The Interstate Commissionshall have the following powers:

A.        To provide fordispute resolution among member states.

B.         To promulgate rulesand take all necessary actions to effect the goals, purposes and obligations asenumerated in this compact. The rules shall have the force and effect of rulespromulgated under the Administrative Procedures Act as found in Chapter 150B ofthe North Carolina General Statutes and shall be binding in the compact statesto the extent and in the manner provided in this compact.

C.        To issue, uponrequest of a member state, advisory opinions concerning the meaning orinterpretation of the interstate compact, its bylaws, rules and actions.

D.        To enforcecompliance with the compact provisions, the rules promulgated by the InterstateCommission, and the bylaws, using all necessary and proper means, including butnot limited to the use of judicial process. Any action to enforce compliancewith the compact provisions by the Interstate Commission shall be broughtagainst a member state only.

E.         To establish andmaintain offices which shall be located within one or more of the memberstates.

F.         To purchase andmaintain insurance and bonds.

G.        To borrow, accept,hire or contract for services of personnel.

H.        To establish andappoint committees including, but not limited to, an executive committee asrequired by Article IX, Section E, which shall have the power to act on behalfof the Interstate Commission in carrying out its powers and duties hereunder.

I.          To elect orappoint such officers, attorneys, employees, agents, or consultants, and to fixtheir compensation, define their duties and determine their qualifications; andto establish the Interstate Commission's personnel policies and programsrelating to conflicts of interest, rates of compensation, and qualifications ofpersonnel.

J.          To accept any andall donations and grants of money, equipment, supplies, materials, andservices, and to receive, utilize, and dispose of it.

K.        To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve or useany property, real, personal, or mixed.

L.         To sell, convey,mortgage, pledge, lease, exchange, abandon, or otherwise dispose of anyproperty, real, personal or mixed.

M.        To establish abudget and make expenditures.

N.        To adopt a seal andbylaws governing the management and operation of the Interstate Commission.

O.        To report annuallyto the legislatures, governors, judiciary, and state councils of the memberstates concerning the activities of the Interstate Commission during thepreceding year. Such reports shall also include any recommendations that mayhave been adopted by the Interstate Commission.

P.         To coordinateeducation, training and public awareness regarding the compact, itsimplementation and operation for officials and parents involved in suchactivity.

Q.        To establish uniformstandards for the reporting, collecting and exchanging of data.

R.         To maintaincorporate books and records in accordance with the bylaws.

S.         To perform suchfunctions as may be necessary or appropriate to achieve the purposes of thiscompact.

T.         To provide for theuniform collection and sharing of information between and among member states,schools and military families under this compact.

ARTICLE XI.

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A.        The InterstateCommission shall, by a majority of the members present and voting, within 12months after the first Interstate Commission meeting, adopt bylaws to governits conduct as may be necessary or appropriate to carry out the purposes of thecompact, including, but not limited to:

1.         Establishing thefiscal year of the Interstate Commission;

2.         Establishing anexecutive committee, and such other committees as may be necessary;

3.         Providing for theestablishment of committees and for governing any general or specificdelegation of authority or function of the Interstate Commission;

4.         Providing reasonableprocedures for calling and conducting meetings of the Interstate Commission,and ensuring reasonable notice of each such meeting;

5.         Establishing thetitles and responsibilities of the officers and staff of the InterstateCommission;

6.         Providing amechanism for concluding the operations of the Interstate Commission and thereturn of surplus funds that may exist upon the termination of the compactafter the payment and reserving of all of its debts and obligations.

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

B.         The InterstateCommission shall, by a majority of the members, elect annually from among itsmembers a chairperson, a vice‑chairperson, and a treasurer, each of whomshall have such authority and duties as may be specified in the bylaws. Thechairperson or, in the chairperson's absence or disability, the vice‑chairperson,shall preside at all meetings of the Interstate Commission. The officers soelected shall serve without compensation or remuneration from the InterstateCommission; provided that, subject to the availability of budgeted funds, theofficers shall be reimbursed for ordinary and necessary costs and expenses incurredby them in the performance of their responsibilities as officers of theInterstate Commission.

C.        Executive Committee,Officers and Personnel

1.         The executivecommittee shall have such authority and duties as may be set forth in thebylaws, including but not limited to:

a.         Managing the affairsof the Interstate Commission in a manner consistent with the bylaws andpurposes of the Interstate Commission;

b.         Overseeing anorganizational structure within, and appropriate procedures for the InterstateCommission to provide for the creation of rules, operating procedures, andadministrative and technical support functions; and

c.         Planning,implementing, and coordinating communications and activities with other state,federal and local government organizations in order to advance the goals of theInterstate Commission.

2.         The executivecommittee may, subject to the approval of the Interstate Commission, appoint orretain an executive director for such period, upon such terms and conditionsand for such compensation, as the Interstate Commission may deem appropriate.The executive director shall serve as secretary to the Interstate Commission,but shall not be a Member of the Interstate Commission. The executive directorshall hire and supervise such other persons as may be authorized by theInterstate Commission.

D.        The InterstateCommission's executive director and its employees shall be immune from suit andliability, either personally or in their official capacity, for a claim fordamage to or loss of property or personal injury or other civil liabilitycaused or arising out of or relating to an actual or alleged act, error, oromission that occurred, or that such person had a reasonable basis forbelieving occurred, within the scope of Interstate Commission employment,duties, or responsibilities; provided, that such person shall not be protectedfrom suit or liability for damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of such person.

1.         The liability of theInterstate Commission's executive director and employees or InterstateCommission representatives, acting within the scope of such person's employmentor duties for acts, errors, or omissions occurring within such person's statemay not exceed the limits of liability set forth under the Constitution andlaws of that state for state officials, employees, and agents. The InterstateCommission is considered to be an instrumentality of the states for thepurposes of any such action. Nothing in this subsection shall be construed toprotect such person from suit or liability for damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of suchperson.

2.         The InterstateCommission shall defend the executive director and its employees and, subjectto the approval of the Attorney General or other appropriate legal counsel ofthe member state represented by an Interstate Commission representative, shalldefend such Interstate Commission representative in any civil action seeking toimpose liability arising out of an actual or alleged act, error or omissionthat occurred within the scope of Interstate Commission employment, duties orresponsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the part ofsuch person.

3.         To the extent notcovered by the state involved, member state, or the Interstate Commission, therepresentatives or employees of the Interstate Commission shall be heldharmless in the amount of a settlement or judgment, including attorney's feesand costs, obtained against such persons arising out of an actual or allegedact, error, or omission that occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, or that such persons had a reasonablebasis for believing occurred within the scope of Interstate Commission employment,duties, or responsibilities, provided that the actual or alleged act, error, oromission did not result from intentional or willful and wanton misconduct onthe part of such persons.

ARTICLE XII.

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A.        Rulemaking Authority– The Interstate Commission shall promulgate reasonable rules in order toeffectively and efficiently achieve the purposes of this Compact.Notwithstanding the foregoing, in the event the Interstate Commission exercisesits rulemaking authority in a manner that is beyond the scope of the purposesof this Act, or the powers granted hereunder, then such an action by theInterstate Commission shall be invalid and have no force or effect.

B.         RulemakingProcedure – Rules shall be made pursuant to a rulemaking process thatsubstantially conforms to the "Model State Administrative ProcedureAct," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended,as may be appropriate to the operations of the Interstate Commission.

C.        Not later thanthirty (30) days after a rule is promulgated, any person may file a petitionfor judicial review of the rule; provided, that the filing of such a petitionshall not stay or otherwise prevent the rule from becoming effective unless thecourt finds that the petitioner has a substantial likelihood of success. Thecourt shall give deference to the actions of the Interstate Commissionconsistent with applicable law and shall not find the rule to be unlawful ifthe rule represents a reasonable exercise of the Interstate Commission'sauthority.

D.        If a majority of thelegislatures of the compacting states rejects a Rule by enactment of a statuteor resolution in the same manner used to adopt the compact, then such ruleshall have no further force and effect in any compacting state.

ARTICLE XIII.

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

A.        Oversight

1.         The executive,legislative and judicial branches of state government in each member stateshall enforce this compact and shall take all actions necessary and appropriateto effectuate the compact's purposes and intent. The provisions of this compactand the rules promulgated hereunder shall have standing as rules promulgatedunder the Administrative Procedures Act as found in Chapter 150B of the North CarolinaGeneral Statutes.

2.         All courts shalltake judicial notice of the compact and the rules in any judicial oradministrative proceeding in a member state pertaining to the subject matter ofthis compact which may affect the powers, responsibilities or actions of theInterstate Commission.

3.         The InterstateCommission shall be entitled to receive all service of process in any suchproceeding, and shall have standing to intervene in the proceeding for allpurposes. Failure to provide service of process to the Interstate Commissionshall render a judgment or order void as to the Interstate Commission, thiscompact or promulgated rules.

B.         Default, TechnicalAssistance, Suspension and Termination – If the Interstate Commissiondetermines that a member state has defaulted in the performance of itsobligations or responsibilities under this compact, or the bylaws orpromulgated rules, the Interstate Commission shall:

1.         Provide writtennotice to the defaulting state and other member states, of the nature of thedefault, the means of curing the default and any action taken by the InterstateCommission. The Interstate Commission shall specify the conditions by which thedefaulting state must cure its default.

2.         Provide remedialtraining and specific technical assistance regarding the default.

3.         If the defaultingstate fails to cure the default, the defaulting state shall be terminated fromthe compact upon an affirmative vote of a majority of the member states and allrights, privileges and benefits conferred by this compact shall be terminatedfrom the effective date of termination. A cure of the default does not relievethe offending state of obligations or liabilities incurred during the period ofthe default.

4.         Suspension ortermination of membership in the compact shall be imposed only after all othermeans of securing compliance have been exhausted. Notice of intent to suspendor terminate shall be given by the Interstate Commission to the Governor, themajority and minority leaders of the defaulting state's legislature, and eachof the member states.

5.         The state which hasbeen suspended or terminated is responsible for all assessments, obligationsand liabilities incurred through the effective date of suspension ortermination including obligations, the performance of which extends beyond theeffective date of suspension or termination.

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

7.         The defaulting statemay appeal the action of the Interstate Commission by petitioning the U.S.District Court for the District of Columbia or the federal district where theInterstate Commission has its principal offices. The prevailing party shall beawarded all costs of such litigation including reasonable attorney's fees.

C.        Dispute Resolution

1.         The InterstateCommission shall attempt, upon the request of a member state, to resolvedisputes which are subject to the compact and which may arise among memberstates and between member and non‑member states.

2.         The InterstateCommission shall promulgate a rule providing for both mediation and bindingdispute resolution for disputes as appropriate.

D.        Enforcement

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

2.         The InterstateCommission, may by majority vote of the members, initiate legal action in theUnited States District Court for the District of Columbia or, at the discretionof the Interstate Commission, in the federal district where the InterstateCommission has its principal offices, to enforce compliance with the provisionsof the compact, its promulgated rules and bylaws, against a member state indefault. The relief sought may include both injunctive relief and damages. Inthe event judicial enforcement is necessary the prevailing party shall beawarded all costs of such litigation including reasonable attorney's fees.

3.         The remedies hereinshall not be the exclusive remedies of the Interstate Commission. TheInterstate Commission may avail itself of any other remedies available understate law or the regulation of a profession.

ARTICLE XIV.

FINANCING OF THE INTERSTATE COMMISSION

A.        The InterstateCommission shall pay, or provide for the payment of the reasonable expenses ofits establishment, organization and ongoing activities.

B.         The InterstateCommission may levy on and collect an annual assessment from each member stateto cover the cost of the operations and activities of the Interstate Commissionand its staff which must be in a total amount sufficient to cover theInterstate Commission's annual budget as approved each year. The aggregateannual assessment amount shall be allocated based upon a formula to bedetermined by the Interstate Commission, which shall promulgate a rule bindingupon all member states.

C.        The InterstateCommission shall not incur obligations of any kind prior to securing the fundsadequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the member states, except by and with the authority of themember state.

D.        The InterstateCommission shall keep accurate accounts of all receipts and disbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit and accounting procedures established under its bylaws. However, allreceipts and disbursements of funds handled by the Interstate Commission shallbe audited yearly by a certified or licensed public accountant and the reportof the audit shall be included in and become part of the annual report of theInterstate Commission.

ARTICLE XV.

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

A.        Any state iseligible to become a member state.

B.         The compact shallbecome effective and binding upon legislative enactment of the compact into lawby no less than ten (10) of the states. The effective date shall be no earlierthan December 1, 2007. Thereafter it shall become effective and binding as toany other member state upon enactment of the compact into law by that state.The governors of non‑member states or their designees shall be invited toparticipate in the activities of the Interstate Commission on a nonvoting basisprior to adoption of the compact by all states.

C.        The InterstateCommission may propose amendments to the compact for enactment by the memberstates. No amendment shall become effective and binding upon the InterstateCommission and the member states unless and until it is enacted into law byunanimous consent of the member states.

ARTICLE XVI.

WITHDRAWAL AND DISSOLUTION

A.        Withdrawal

1.         Once effective, thecompact shall continue in force and remain binding upon each and every memberstate; provided that a member state may withdraw from the compact byspecifically repealing the statute, which enacted the compact into law.

2.         Withdrawal from thiscompact shall be by the enactment of a statute repealing the same, but shallnot take effect until one (1) year after the effective date of such statute anduntil written notice of the withdrawal has been given by the withdrawing stateto the Governor of each other member jurisdiction.

3.         The withdrawingstate shall immediately notify the chairperson of the Interstate Commission inwriting upon the introduction of legislation repealing this compact in thewithdrawing state. The Interstate Commission shall notify the other memberstates of the withdrawing state's intent to withdraw within sixty (60) days ofits receipt thereof.

4.         The withdrawingstate is responsible for all assessments, obligations and liabilities incurredthrough the effective date of withdrawal, including obligations, theperformance of which extend beyond the effective date of withdrawal.

5.         Reinstatementfollowing withdrawal of a member state shall occur upon the withdrawing statereenacting the compact or upon such later date as determined by the InterstateCommission.

B.         Dissolution ofCompact

1.         This compact shalldissolve effective upon the date of the withdrawal or default of the memberstate which reduces the membership in the compact to one (1) member state.

2.         Upon the dissolutionof this compact, the compact becomes null and void and shall be of no furtherforce or effect, and the business and affairs of the Interstate Commissionshall be concluded and surplus funds shall be distributed in accordance withthe bylaws.

ARTICLE XVII.

SEVERABILITY AND CONSTRUCTION

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

B.         The provisions ofthis compact shall be liberally construed to effectuate its purposes.

C.        Nothing in thiscompact shall be construed to prohibit the applicability of other interstatecompacts to which the states are members.

ARTICLE XVIII.

BINDING EFFECT OF COMPACT AND OTHER LAWS

A.        Other Laws

1.         Nothing hereinprevents the enforcement of any other law of a member state that is notinconsistent with this compact.

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

B.         Binding Effect ofthe Compact

1.         All lawful actionsof the Interstate Commission, including all rules and bylaws promulgated by theInterstate Commission, are binding upon the member states.

2.         All agreementsbetween the Interstate Commission and the member states are binding inaccordance with their terms.

3.         In the event anyprovision of this compact exceeds the constitutional limits imposed on thelegislature of any member state, such provision shall be ineffective to theextent of the conflict with the constitutional provision in question in thatmember state.  (2008‑185,s. 1; 2009‑281, s. 1.)