CHAPTER 162. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

State Codes and Statutes

Statutes > Texas > Education-code > Title-4-compacts > Chapter-162-interstate-compact-on-educational-opportunity-for-military-children

EDUCATION CODE

TITLE 4. COMPACTS

CHAPTER 162. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR

MILITARY CHILDREN

Sec. 162.001. DEFINITIONS. In this chapter:

(1) "Compact" means the Interstate Compact on Educational

Opportunity for Military Children executed under Section 162.002.

(2) "Compact commissioner" means the individual appointed under

Section 162.004.

Added by Acts 2009, 81st Leg., R.S., Ch.

8, Sec. 1, eff. May 5, 2009.

Sec. 162.002. EXECUTION OF COMPACT. This state enacts the

Interstate Compact on Educational Opportunity for Military

Children and enters into the compact with all other states

legally joining in the compact in substantially the following

form:

INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY

CHILDREN

ARTICLE I. PURPOSE

It is the purpose of this compact to remove barriers to

educational success imposed on children of military families

because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military

families and ensuring that they are not placed at a disadvantage

due to difficulty in the transfer of education records from the

previous school district(s) or variations in entrance/age

requirements.

B. Facilitating the student placement process through which

children of military families are not disadvantaged by variations

in attendance requirements, scheduling, sequencing, grading,

course content or assessment.

C. Facilitating the qualification and eligibility for

enrollment, educational programs, and participation in

extracurricular academic, athletic, and social activities.

D. Facilitating the on-time graduation of children of military

families.

E. Providing for the promulgation and enforcement of

administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of

information between and among member states, schools, and

military families under this compact.

G. Promoting coordination between this compact and other

compacts affecting military children.

H. Promoting flexibility and cooperation between the educational

system, parents, and the student in order to achieve educational

success for the student.

ARTICLE II. DEFINITIONS

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

different construction:

A. "Active duty" means: full-time duty status in the active

uniformed service of the United States, including members of the

National Guard and Reserve on active duty orders pursuant to 10

U.S.C. Sections 1209 and 1211.

B. "Children of military families" means: a school-aged

child(ren), enrolled in kindergarten through twelfth (12th)

grade, in the household of an active duty member.

C. "Compact commissioner" means: the voting representative of

each compacting state appointed pursuant to Article VIII of this

compact.

D. "Deployment" means: the period one (1) month prior to the

service members' departure from their home station on military

orders through six (6) months after return to their home station.

E. "Education(al) records" means: those official records,

files, and data directly related to a student and maintained by

the school or local education agency, including but not limited

to records encompassing all the material kept in the student's

cumulative folder such as general identifying data, records of

attendance and of academic work completed, records of achievement

and results of evaluative tests, health data, disciplinary

status, test protocols, and individualized education programs.

F. "Extracurricular activities" means: a voluntary activity

sponsored by the school or local education agency or an

organization sanctioned by the local education agency.

Extracurricular activities include, but are not limited to,

preparation for and involvement in public performances, contests,

athletic competitions, demonstrations, displays, and club

activities.

G. "Interstate Commission on Educational Opportunity for

Military Children" means: the commission that is created under

Article IX of this compact, which is generally referred to as

Interstate Commission.

H. "Local education agency" means: a public authority legally

constituted by the state as an administrative agency to provide

control of and direction for kindergarten through twelfth (12th)

grade public educational institutions.

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

J. "Military installation" means: a base, camp, post, station,

yard, center, homeport facility for any ship, or other activity

under the jurisdiction of the Department of Defense, including

any leased facility, which is located within any of the several

states, the District of Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands, Guam, American Samoa, the

Northern Marianas Islands and any other United States territory.

Such term does not include any facility used primarily for civil

works, rivers and harbors projects, or flood control 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 family is sent, brought, or caused to be sent or

brought.

M. "Rule" means: a written statement by the Interstate

Commission promulgated pursuant to Article XII of this compact

that is of general applicability, implements, interprets, or

prescribes a policy or provision of the compact, or an

organizational, procedural, or practice requirement of the

Interstate Commission, and has the force and effect of statutory

law in a member state, and includes the amendment, repeal, or

suspension of an existing rule.

N. "Sending state" means: the state from which a child of a

military family is sent, brought, or caused to be sent or

brought.

O. "State" means: a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the United States

Virgin Islands, Guam, American Samoa, the Northern Marianas

Islands and any other United States territory.

P. "Student" means: the child of a military family for whom the

local education agency receives public funding and who is

formally enrolled in kindergarten through twelfth (12th) grade.

Q. "Transition" means: (1) the formal and physical process of

transferring from school to school; or (2) the period of time in

which a student moves from one school in the sending state to

another school in the receiving state.

R. "Uniformed service(s)" means: the Army, Navy, Air Force,

Marine Corps, Coast Guard, as well as the Commissioned Corps of

the National Oceanic and Atmospheric Administration, and Public

Health Services.

S. "Veteran" means: a person who served in the uniformed

services and who was discharged or released therefrom under

conditions other than dishonorable.

ARTICLE III. APPLICABILITY

A. Except as otherwise provided in Section B, this compact shall

apply to the children of:

1. active duty members of the uniformed services as defined in

this compact, including members of the National Guard and Reserve

on active duty orders pursuant to 10 U.S.C. Sections 1209 and

1211;

2. members or veterans of the uniformed services who are

severely injured and medically discharged or retired for a period

of one (1) year after medical discharge or retirement; and

3. members of the uniformed services who die on active duty or

as a result of injuries sustained on active duty for a period of

one (1) year after death.

B. The provisions of this interstate compact shall only apply to

local education agencies as defined in this compact.

C. The provisions of this compact shall not apply to the

children of:

1. inactive members of the national guard and military reserves;

2. members of the uniformed services now retired, except as

provided in Section A;

3. veterans of the uniformed services, except as provided in

Section A; and

4. other U.S. Department of Defense personnel and other federal

agency civilian and contract employees not defined as active duty

members of the uniformed services.

ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT

A. Unofficial or "hand-carried" education records--In the event

that official education records cannot be released to the parents

for the purpose of transfer, the custodian of the records in the

sending state shall prepare and furnish to the parent a complete

set of unofficial education records containing uniform

information as determined by the Interstate Commission. Upon

receipt of the unofficial education records by a school in the

receiving state, the school shall enroll and appropriately place

the student based on the information provided in the unofficial

records pending validation by the official records, as quickly as

possible.

B. Official education records/transcripts--Simultaneous with the

enrollment and conditional placement of the student, the school

in the receiving state shall request the student's official

education record from the school in the sending state. Upon

receipt of this request, the school in the sending state will

process and furnish the official education records to the school

in the receiving state within ten (10) days or within such time

as is reasonably determined under the rules promulgated by the

Interstate Commission.

C. Immunizations--Compacting states shall give thirty (30) days

from the date of enrollment or within such time that does not

exceed thirty (30) days as is reasonably determined under the

rules promulgated by the Interstate Commission, for students to

obtain any immunization(s) required by the receiving state. For

a series of immunizations, initial vaccinations must be obtained

within thirty (30) days or within such time that does not exceed

thirty (30) days as is reasonably determined under the rules

promulgated by the Interstate Commission. The collection and

exchange of information pertaining to immunizations shall be

subject to confidentiality provisions prescribed by federal law.

D. Kindergarten and first grade entrance age--Students shall be

allowed to continue their enrollment at grade level in the

receiving state commensurate with their grade level (including

kindergarten) from a local education agency in the sending state

at the time of transition, regardless of age. A student that has

satisfactorily completed the prerequisite grade level in the

local education agency in the sending state shall be eligible for

enrollment in the next highest grade level in the receiving

state, regardless of age. A student transferring after the start

of the school year in the receiving state shall enter the school

in the receiving state on their validated level from an

accredited school in the sending state.

ARTICLE V. PLACEMENT AND ATTENDANCE

A. Course placement--When the student transfers before or during

the school year, the receiving state school shall initially honor

placement of the student in educational courses based on the

student's enrollment in the sending state school and/or

educational assessments conducted at the school in the sending

state if the courses are offered. Course placement includes but

is not limited to honors, international baccalaureate, advanced

placement, vocational, technical, and career pathways courses.

Continuing the student's academic program from the previous

school and promoting placement in academically and career

challenging courses should be paramount when considering

placement. This does not preclude the school in the receiving

state from performing subsequent evaluations to ensure

appropriate placement and continued enrollment of the student in

the course(s).

B. Educational program placement--The receiving state school

shall initially honor placement of the student in educational

programs based on current educational assessments conducted at

the school in the sending state or participation/placement in

like programs 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 performing subsequent

evaluations to ensure appropriate placement of the student.

C. Special education services--(1) In compliance with the

federal requirements of the Individuals with Disabilities

Education Act (IDEA) (20 U.S.C. Section 1400 et seq.), the

receiving state shall initially provide comparable services to a

student with disabilities based on his/her current Individualized

Education Program (IEP); and (2) In compliance with the

requirements of Section 504 of the Rehabilitation Act (29

U.S.C.A. Section 794), and with Title II of the Americans with

Disabilities Act (42 U.S.C.A. Sections 12131-12165), the

receiving state shall make reasonable accommodations and

modifications to address the needs of incoming students with

disabilities, subject to an existing 504 or Title II Plan, to

provide the student with equal access to education. This does

not preclude the school in the receiving state from performing

subsequent evaluations to ensure appropriate placement of the

student.

D. Placement flexibility--Local education agency administrative

officials shall have flexibility in waiving course/program

prerequisites, or other preconditions for placement in

courses/programs offered under the jurisdiction of the local

education agency.

E. Absence as related to deployment activities--A student whose

parent or legal guardian is an active duty member of the

uniformed services, as defined by the compact, and has been

called to duty for, is on leave from, or immediately returned

from deployment to a combat zone or combat support posting, shall

be granted additional excused absences at the discretion of the

local education agency superintendent to visit with his or her

parent or legal guardian relative to such leave or deployment of

the parent or guardian.

ARTICLE VI. ELIGIBILITY

A. Eligibility for enrollment

1. Special power of attorney, relative to the guardianship of a

child of a military family and executed under applicable law,

shall be sufficient for the purposes of enrollment and all other

actions requiring parental participation and consent.

2. A local education agency shall be prohibited from charging

local tuition to a transitioning military child placed in the

care of a non-custodial parent or other person standing in loco

parentis who lives in a jurisdiction other than that of the

custodial parent.

3. A transitioning military child, placed in the care of a

non-custodial parent or other person standing in loco parentis

who lives in a jurisdiction other than that of the custodial

parent, may continue to attend the school in which he/she was

enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation--State and

local education agencies shall facilitate the opportunity for

transitioning military children's inclusion in extracurricular

activities, regardless of application deadlines, to the extent

they are otherwise qualified.

ARTICLE VII. GRADUATION

In order to facilitate the on-time graduation of children of

military families, states and local education agencies shall

incorporate the following procedures:

A. Waiver requirements--Local education agency administrative

officials shall waive specific courses required for graduation if

similar coursework has been satisfactorily completed in another

local education agency or shall provide reasonable justification

for denial. Should a waiver not be granted to a student who

would qualify to graduate from the sending school, the local

education agency shall provide an alternative means of acquiring

required coursework so that graduation may occur on time.

B. Exit exams--States shall accept: (1) exit or end-of-course

exams required for graduation from 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 the event the above alternatives cannot be

accommodated by the receiving state for a student transferring in

his or her senior year, then the provisions of Article VII,

Section C, shall apply.

C. Transfers during senior year--Should a military student

transferring at the beginning or during his or her senior year be

ineligible to graduate from the receiving local education agency

after all alternatives have been considered, the sending and

receiving local education agencies shall ensure the receipt of a

diploma from the sending local education agency, if the student

meets the graduation requirements of the sending local education

agency. In the event that one of the states in question is not a

member of this compact, the member state shall use best efforts

to facilitate the on-time graduation of the student in accordance

with Sections A and B of this article.

The Texas commissioner of education shall adopt a passing

standard on one or more national norm-referenced achievement

tests for purposes of permitting a student to whom this compact

applies to meet that standard as a substitute for completing a

specific course or achieving a score on an assessment instrument

otherwise required by this state for graduation. Each passing

standard must be at least as rigorous as the applicable

requirement otherwise imposed by this state for graduation, and

be consistent with college readiness standards adopted under

Section 28.008, Texas Education Code. Before adopting or

revising a passing standard, the commissioner of education must

consider any comments submitted by the Texas Higher Education

Coordinating Board or the State Board of Education.

A passing standard adopted by the commissioner of education is

available only for a student who enrolls in a public school in

this state for the first time after completing the ninth grade or

who reenrolls in a public school in this state at or above the

10th grade level after an absence of at least two years from the

public schools of this state. Each passing standard in effect

when a student first enrolls in a public high school in this

state remains applicable to the student for the duration of the

student's high school enrollment, regardless of any subsequent

revision of the standard.

The commissioner of education may adopt rules as necessary to

implement the commissioner's duties and authority under this

article of the compact.

The Texas Higher Education Coordinating Board shall monitor the

postsecondary educational performance in this state of students

permitted to graduate in accordance with passing standards

adopted by the commissioner of education for purposes of this

compact. Based on the educational performance of those students

in private and public institutions, the coordinating board shall

make recommendations to the commissioner of education regarding

appropriate revisions of the passing standards.

ARTICLE VIII. STATE COORDINATION

A. Each member state shall, through the creation of a State

Council or use of an existing body or board, provide for the

coordination among its agencies of government, local education

agencies, and military installations concerning the state's

participation in, and compliance with, this compact and

Interstate Commission activities. While each member state may

determine the membership of its own State Council, its membership

must include at least: the state superintendent of education,

superintendent of a school district with a high concentration of

military children, representative from a military installation,

one representative each from the legislative and executive

branches of government, and other offices and stakeholder groups

the State Council deems appropriate. A member state that does

not have a school district deemed to contain a high concentration

of military children may appoint a superintendent from another

school district to represent local education agencies on the

State Council.

B. The State Council of each member state shall appoint or

designate a military family education liaison to assist military

families and the state in facilitating the implementation of this

compact.

C. The compact commissioner responsible for the administration

and management of the state's participation in the compact shall

be appointed by the governor or as otherwise determined by each

member state.

D. The compact commissioner and the military family education

liaison designated herein shall be ex-officio members of the

State Council, unless either is already a full voting member of

the State Council.

ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR

MILITARY CHILDREN

The member states hereby create the "Interstate Commission on

Educational Opportunity for Military Children." The activities

of the Interstate Commission are the formation of public policy

and are a discretionary state function. The Interstate

Commission shall:

A. Be a body corporate and joint agency of the member states and

shall have all the responsibilities, powers, and duties set forth

herein, and such additional powers as may be conferred upon it by

a subsequent concurrent action of the respective legislatures of

the member states in accordance with the terms of this compact.

B. Consist of one Interstate Commission voting representative

from each member state who shall be that state's compact

commissioner.

1. Each member state represented at a meeting of the Interstate

Commission is entitled to one vote.

2. A majority of the total member states shall constitute a

quorum for the transaction of business, unless a larger quorum is

required by the bylaws of the Interstate Commission.

3. A representative shall not delegate a vote to another member

state. In the event the compact commissioner is unable to attend

a meeting of the Interstate Commission, the governor or State

Council may delegate voting authority to another person from

their state for a specified meeting.

4. The bylaws may provide for meetings of the Interstate

Commission to be conducted by telecommunication or electronic

communication.

C. Consist of ex-officio, non-voting representatives who are

members of interested organizations. Such ex-officio members, as

defined in the bylaws, may include but not be limited to, members

of the representative organizations of military family advocates,

local education agency officials, parent and teacher groups, the

U.S. Department of Defense, the Education Commission of the

States, the Interstate Agreement on the Qualification of

Educational Personnel, and other interstate compacts affecting

the education of children of military members.

D. Meet at least once each calendar year. The chairperson may

call additional meetings and, upon the request of a simple

majority of the member states, shall call additional meetings.

E. Establish an executive committee, whose members shall include

the officers of the Interstate Commission and such other members

of the Interstate Commission as determined by the bylaws.

Members of the executive committee shall serve a one year term.

Members of the executive committee shall be entitled to one vote

each. The executive committee shall have the power to act on

behalf of the Interstate Commission, with the exception of

rulemaking, during periods when the Interstate Commission is not

in session. The executive committee shall oversee the day-to-day

activities of the administration of the compact including

enforcement and compliance with the provisions of the compact,

its bylaws and rules, and other such duties as deemed necessary.

The U.S. Department of Defense shall serve as an ex-officio,

non-voting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and

procedures under which the Interstate Commission shall make its

information and official records available to the public for

inspection or copying. The Interstate Commission may exempt from

disclosure information or official records to the extent they

would adversely affect personal privacy rights or proprietary

interests.

G. Give public notice of all meetings and all meetings shall be

open to the public, except as set forth in the rules or as

otherwise provided in the compact. The Interstate Commission and

its committees may close a meeting, or portion 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 practices and procedures;

2. Disclose matters specifically exempted from disclosure by

federal and state statute;

3. Disclose trade secrets or commercial or financial information

which is privileged or confidential;

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

person;

5. Disclose information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of personal

privacy;

6. Disclose investigative records compiled for law enforcement

purposes; or

7. Specifically relate to the Interstate Commission's

participation in a civil action or other legal proceeding.

H. Shall cause its legal counsel or designee to certify that a

meeting may be closed and shall reference each relevant

exemptible provision for any meeting, or portion of a meeting,

which is closed pursuant to this provision. The Interstate

Commission shall keep minutes which shall fully and clearly

describe all matters discussed in a meeting and shall provide a

full and accurate summary of actions taken, and the reasons

therefore, including a description of the views expressed and the

record of a roll call vote. All documents considered in

connection with an action shall be identified in such minutes.

All minutes and documents of a closed meeting shall remain under

seal, subject to release by a majority vote of the Interstate

Commission.

I. Shall collect standardized data concerning the educational

transition of the children of military families under this

compact as directed through its rules which shall specify the

data to be collected, the means of collection and data exchange,

and reporting requirements. Such methods of data collection,

exchange, and reporting shall, in so far as is reasonably

possible, conform to current technology and coordinate its

information functions with the appropriate custodian of records

as identified in the bylaws and rules.

J. Shall create a process that permits military officials,

education officials, and parents to inform the Interstate

Commission if and when there are alleged violations of the

compact or its rules or when issues subject to the jurisdiction

of the compact or its rules are not addressed by the state or

local education agency. This section shall not be construed to

create a private right of action against the Interstate

Commission or any member state.

ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

A. To provide for dispute resolution among member states.

B. To promulgate rules and take all necessary actions to effect

the goals, purposes, and obligations as enumerated in this

compact. The rules shall have the force and effect of statutory

law and shall be binding in the compact states to the extent and

in the manner provided in this compact.

C. To issue, upon request of a member state, advisory opinions

concerning the meaning or interpretation of the interstate

compact, its bylaws, rules, and actions.

D. To enforce compliance with the compact provisions, the rules

promulgated by the Interstate Commission, and the bylaws, using

all necessary and proper means, including but not limited to the

use of judicial process.

E. To establish and maintain offices which shall be located

within one or more of the member states.

F. To purchase and maintain insurance and bonds.

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

personnel.

H. To establish and appoint committees including, but not

limited to, an executive committee as required by Article IX,

Section E, which shall have the power to act on behalf of the

Interstate Commission in carrying out its powers and duties

hereunder.

I. To elect or appoint such officers, attorneys, employees,

agents, or consultants, and to fix their compensation, define

their duties, and determine their qualifications; and to

establish the Interstate Commission's personnel policies and

programs relating to conflicts of interest, rates of

compensation, and qualifications of personnel.

J. To accept any and all donations and grants of money,

equipment, supplies, materials, and services, and to receive,

utilize, and dispose of it.

K. To lease, purchase, accept contributions or donations of, or

otherwise to own, hold, improve or use any property, real,

personal, or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property, real, personal or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and

operation of the Interstate Commission.

O. To report annually to the legislatures, governors, judiciary,

and state councils of the member states concerning the activities

of the Interstate Commission during the preceding year. Such

reports shall also include any recommendations that may have been

adopted by the Interstate Commission.

P. To coordinate education, training, and public awareness

regarding the compact, its implementation and operation for

officials and parents involved in such activity.

Q. To establish uniform standards for the reporting, collecting,

and exchanging of data.

R. To maintain corporate books and records in accordance with

the bylaws.

S. To perform such functions as may be necessary or appropriate

to achieve the purposes of this compact.

T. To provide for the uniform collection and sharing of

information between and among member states, schools, and

military families under this compact.

ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE

COMMISSION

A. The Interstate Commission shall, by a majority of the members

present and voting, within 12 months after the first Interstate

Commission meeting, adopt bylaws to govern its conduct as may be

necessary or appropriate to carry out the purposes of the

compact, including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee, and such other

committees as may be necessary;

3. Providing for the establishment of committees and for

governing any general or specific delegation of authority or

function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting

meetings of the Interstate Commission, and ensuring reasonable

notice of each such meeting;

5. Establishing the titles and responsibilities of the officers

and staff of the Interstate Commission;

6. Providing a mechanism for concluding the operations of the

Interstate Commission and the return of surplus funds that may

exist upon the termination of the compact after the payment and

reserving of all of its debts and obligations;

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

compact.

B. The Interstate Commission shall, by a majority of the

members, elect annually from among its members a chairperson, a

vice-chairperson, and a treasurer, each of whom shall have such

authority and duties as may be specified in the bylaws. The

chairperson or, in the chairperson's absence or disability, the

vice-chairperson, shall preside at all meetings of the Interstate

Commission. The officers so elected shall serve without

compensation or remuneration from the Interstate Commission;

provided that, subject to the availability of budgeted funds, the

officers shall be reimbursed for ordinary and necessary costs and

expenses incurred by them in the performance of their

responsibilities as officers of the Interstate Commission.

C. Executive Committee, Officers, and Personnel

1. The executive committee shall have such authority and duties

as may be set forth in the bylaws, including but not limited to:

a. Managing the affairs of the Interstate Commission in a manner

consistent with the bylaws and purposes of the Interstate

Commission;

b. Overseeing an organizational structure within, and

appropriate procedures for the Interstate Commission to provide

for the creation of rules, operating procedures, and

administrative and technical support functions; and

c. Planning, implementing, and coordinating communications and

activities with other state, federal, and local government

organizations in order to advance the goals of the Interstate

Commission.

2. The executive committee may, subject to the approval of the

Interstate Commission, appoint or retain an executive director

for such period, upon such terms and conditions and for such

compensation, as the Interstate Commission may deem appropriate.

The executive director shall serve as secretary to the Interstate

Commission, but shall not be a member of the Interstate

Commission. The executive director shall hire and supervise such

other persons as may be authorized by the Interstate Commission.

D. The Interstate Commission's executive director and its

employees shall be immune from suit and liability, either

personally or in their official capacity, for a claim for damage

to or loss of property or personal injury or other civil

liability caused or arising out of or relating to an actual or

alleged act, error, or omission that occurred, or that such

person had a reasonable basis for believing occurred, within the

scope of Interstate Commission employment, duties, or

responsibilities; provided, that such person shall not be

protected from suit or liability for damage, loss, injury, or

liability caused by the intentional or wilful and wanton

misconduct of such person.

1. The liability of the Interstate Commission's executive

director and employees or Interstate Commission representatives,

acting within the scope of such person's employment or duties for

acts, errors, or omissions occurring within such person's state

may not exceed the limits of liability set forth under the

constitution and laws of that state for state officials,

employees, and agents. The Interstate Commission is considered

to be an instrumentality of the states for the purposes of any

such action. Nothing in this subsection shall be construed to

protect such person from suit or liability for damage, loss,

injury, or liability caused by the intentional or wilful and

wanton misconduct of such person.

2. The Interstate Commission shall defend the executive director

and its employees and, subject to the approval of the attorney

general or other appropriate legal counsel of the member state

represented by an Interstate Commission representative, shall

defend such Interstate Commission representative in any civil

action seeking to impose liability arising out of an actual or

alleged act, error, or omission that occurred within the scope of

Interstate Commission employment, duties, or responsibilities, or

that the defendant had a reasonable basis for believing occurred

within the scope of Interstate Commission employment, duties, or

responsibilities, provided that the actual or alleged act, error,

or omission did not result from intentional or wilful and wanton

misconduct on the part of such person.

3. To the extent not covered by the state involved, the member

state, or the Interstate Commission, the representatives or

employees of the Interstate Commission shall be held harmless in

the amount of a settlement or judgment, including attorney's fees

and costs, obtained against such persons arising out of an actual

or alleged act, error, or omission that occurred within the scope

of Interstate Commission employment, duties, or responsibilities,

or that such persons had a reasonable basis for believing

occurred within the scope of Interstate Commission employment,

duties, or responsibilities, provided that the actual or alleged

act, error, or omission did not result from intentional or wilful

and wanton misconduct on the part of such persons.

ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. Rulemaking Authority--The Interstate Commission shall

promulgate reasonable rules in order to effectively and

efficiently achieve the purposes of this compact.

Notwithstanding the foregoing, in the event the Interstate

Commission exercises its rulemaking authority in a manner that is

beyond the scope of the purposes of this Act, or the powers

granted hereunder, then such an action by the Interstate

Commission shall be invalid and have no force or effect.

B. Rulemaking Procedure--Rules shall be made pursuant to a

rulemaking process that substantially conforms to the "Model

State Administrative Procedure Act," of 1981 Act, Uniform Laws

Annotated, Volume 15, page 1 (2000), as amended, as may be

appropriate to the operations of the Interstate Commission.

C. Not later than thirty (30) days after a rule is promulgated,

any person may file a petition for judicial review of the rule;

provided, that the filing of such a petition shall not stay or

otherwise prevent the rule from becoming effective unless the

court finds that the petitioner has a substantial likelihood of

success. The court shall give deference to the actions of the

Interstate Commission consistent with applicable law and shall

not find the rule to be unlawful if the rule represents a

reasonable exercise of the Interstate Commission's authority.

D. If a majority of the legislatures of the compacting states

rejects a rule by enactment of a statute or resolution in the

same manner used to adopt the compact, then such rule shall have

no further force and effect in any compacting state.

ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

A. Oversight

1. The executive, legislative, and judicial branches of state

government in each member state shall enforce this compact and

shall take all actions necessary and appropriate to effectuate

the compact's purposes and intent. The provisions of this

compact and the rules promulgated hereunder shall have standing

as statutory law.

2. All courts shall take judicial notice of the compact and the

rules in any judicial or administrative proceeding in a member

state pertaining to the subject matter of this compact which may

affect the powers, responsibilities, or actions of the Interstate

Commission.

3. The Interstate Commission shall be entitled to receive all

service of process in any such proceeding, and shall have

standing to intervene in the proceeding for all purposes.

Failure to provide service of process to the Interstate

Commission shall render a judgment or order void as to the

Interstate Commission, this compact, or promulgated rules.

B. Default, Technical Assistance, Suspension, and

Termination--If the Interstate Commission determines that a

member state has defaulted in the performance of its obligations

or responsibilities under this compact, or the bylaws or

promulgated rules, the Interstate Commission shall:

1. Provide written notice to the defaulting state and other

member states, of the nature of the default, the means of curing

the default and any action taken by the Interstate Commission.

The Interstate Commission shall specify the conditions by which

the defaulting state must cure its default.

2. Provide remedial training and specific technical assistance

regarding the default.

3. If the defaulting state fails to cure the default, the

defaulting state shall be terminated from the compact upon an

affirmative vote of a majority of the member states and all

rights, privileges, and benefits conferred by this compact shall

be terminated from the effective date of termination. A cure of

the default does not relieve the offending state of obligations

or liabilities incurred during the period of the default.

4. Suspension or termination of membership in the compact shall

be imposed only after all other means of securing compliance have

been exhausted. Notice of intent to suspend or terminate shall

be given by the Interstate Commission to the governor, the

majority and minority leaders of the defaulting state's

legislature, and each of the member states.

5. The state which has been suspended or terminated is

responsible for all assessments, obligations, and liabilities

incurred through the effective date of suspension or termination

including obligations, the performance of which extends beyond

the effective date of suspension or termination.

6. The Interstate Commission shall not bear any costs relating

to any state that has been found to be in default or which has

been suspended or terminated from the compact, unless otherwise

mutually agreed upon in writing between the Interstate Commission

and the defaulting state.

7. The defaulting state may appeal the action of the Interstate

Commission by petitioning the U.S. District Court for the

District of Columbia or the federal district where the Interstate

Commission has its principal offices. The prevailing party shall

be awarded all costs of such litigation including reasonable

attorney's fees.

C. Dispute Resolution

1. The Interstate Commission shall attempt, upon the request of

a member state, to resolve disputes which are subject to the

compact and which may arise among member states and between

member and non-member states.

2. The Interstate Commission shall promulgate a rule providing

for both mediation and binding dispute resolution for disputes as

appropriate.

D. Enforcement

1. The Interstate Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of this

compact.

2. The Interstate Commission may, by majority vote of the

members, initiate legal action in the U.S. District Court for the

District of Columbia or, at the discretion of the Interstate

Commission, in the federal district where the Interstate

Commission has its principal offices, to enforce compliance with

the provisions of the compact, its promulgated rules and bylaws,

against a member state in default. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded

all costs of such litigation including reasonable attorney's

fees.

3. The remedies herein shall not be the exclusive remedies of

the Interstate Commission. The Interstate Commission may avail

itself of any other remedies available under state law or the

regulation of a profession.

ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall pay, or provide for the

payment of the reasonable expenses of its establishment,

organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual

assessment from each member state to cover the cost of the

operations and activities of the Interstate Commission and its

staff, which must be in a total amount sufficient to cover the

Interstate Commission's annual budget as approved each year. The

aggregate annual assessment amount shall be allocated based upon

a formula to be determined by the Interstate Commission, which

shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the same; nor

shall the Interstate Commission pledge the credit of any of the

member states, except by and with the authority of the member

state.

D. The Interstate Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of

the Interstate Commission shall be subject to the audit and

accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Interstate

Commission shall be audited yearly by a certified or licensed

public accountant and the report of the audit shall be included

in and become part of the annual report of the Interstate

Commission.

ARTICLE XV. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon

legislative enactment of the compact into law by no less than ten

(10) of the states. The effective date shall be no earlier than

December 1, 2007. Thereafter it shall become effective and

binding as to any 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 to participate in the

activities of the Interstate Commission on a non-voting basis

prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the

compact for enactment by the member states. No amendment shall

become effective and binding upon the Interstate Commission and

the member states unless and until it is enacted into law by

unanimous consent of the member states.

ARTICLE XVI. WITHDRAWAL AND DISSOLUTION

A. Withdrawal

1. Once effective, the compact shall continue in force and

remain binding upon each and every member state; provided that a

member state may withdraw from the compact by specifically

repealing the statute which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a

statute repealing the same, but shall not take effect until one

(1) year after the effective date of such statute and until

written notice of the withdrawal has been given by the

withdrawing state to the governor of each other member

jurisdiction.

3. The withdrawing state shall immediately notify the

chairperson of the Interstate Commission in writing upon the

introduction of legislation repealing this compact in the

withdrawing state. The Interstate Commission shall notify the

other member states of the withdrawing state's intent to withdraw

within sixty (60) days of its receipt thereof.

4. The withdrawing state is responsible for all assessments,

obligations, and liabilities incurred through the effective date

of withdrawal, including obligations, the performance of which

extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall

occur upon the withdrawing state reenacting the compact or upon

such later date as determined by the Interstate Commission.

B. Dissolution of Compact

1. This compact shall dissolve effective upon the date of the

withdrawal or default of the member state which reduces the

membership in the compact to one (1) member state.

2. Upon the dissolution of this compact, the compact becomes

null and void and shall be of no further force or effect, and the

business and affairs of the Interstate Commission shall be

concluded and surplus funds shall be distributed in accordance

with the bylaws.

ARTICLE XVII. SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any

phrase, clause, sentence, or provision is deemed unenforceable,

the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed

to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the

applicability of other interstate compacts to which the states

are members.

ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other Laws

1. Nothing herein prevents the enforcement of any other law of a

member state that is not inconsistent with this compact.

2. All member states' laws conflicting with this compact are

superseded to the extent of the conflict.

B. Binding Effect of the Compact

1. All lawful actions of the Interstate Commission, including

all rules and bylaws promulgated by the Interstate Commission,

are binding upon the member states.

2. All agreements between the Interstate Commission and the

member states are binding in accordance with their terms.

3. In the event any provision of this compact exceeds the

constitutional limits imposed on the legislature of any member

state, such provision shall be ineffective to the extent of the

conflict with the constitutional provision in question in that

member state.

Added by Acts 2009, 81st Leg., R.S., Ch.

8, Sec. 1, eff. May 5, 2009.

Sec. 162.003. EFFECT ON TEXAS LAWS. If the laws of this state

conflict with the compact or a rule adopted under that compact,

the compact or rule controls, except that if a conflict exists

between the compact or rule and the Texas Constitution, as

determined by the courts of this state, the Texas Constitution

controls.

Added by Acts 2009, 81st Leg., R.S., Ch.

8, Sec. 1, eff. May 5, 2009.

Sec. 162.004. COMPACT COMMISSIONER. (a) The governor shall

appoint a compact commissioner to be responsible for

administration and management of this state's participation in

the compact.

(b) If the compact commissioner is unable to attend a specific

meeting of the Interstate Commission created under the compact,

the governor shall delegate voting authority for that meeting to

another individual from this state.

Added by Acts 2009, 81st Leg., R.S., Ch.

8, Sec. 1, eff. May 5, 2009.

Sec. 162.005. STATE COORDINATION. (a) The Texas Education

Agency shall provide for coordination among state agencies,

school districts, and military installations concerning this

state's participation in and compliance with the compact and

compact activities, as required by Article VIII of the compact.

(b) To the extent that the compact requires or authorizes a

State Council created in accordance with Article VIII of the

compact to perform a duty or function, the Texas Education Agency

or the commissioner of education, as appropriate, shall perform

that duty or function.

Added by Acts 2009, 81st Leg., R.S., Ch.

8, Sec. 1, eff. May 5, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!