§ 22.1-360. Interstate Compact on Educational Opportunity for MilitaryChildren.
The Interstate Compact on Educational Opportunity for Military Children ishereby enacted into law and entered into with all jurisdictions legallyjoining therein in the form substantially as follows:
Article I. Purpose.
It is the purpose of this compact to remove barriers to educational successimposed on children of military families because of frequent moves anddeployment of their parents by:
A. Facilitating the timely enrollment of children of military families andensuring that they are not placed at a disadvantage due to difficulty in thetransfer of education records from the previous school district(s) orvariations in entrance/age requirements.
B. Facilitating the student placement process through which children ofmilitary families are not disadvantaged by variations in attendancerequirements, scheduling, sequencing, grading, course content, or assessment.
C. Facilitating the qualification and eligibility for enrollment, educationalprograms, and participation in extracurricular academic, athletic, and socialactivities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rulesimplementing the provisions of this compact.
F. Providing for the uniform collection and sharing of information betweenand among member states, schools, and military families under this compact.
G. Promoting coordination between this compact and other compacts affectingmilitary children.
H. Promoting flexibility and cooperation between the educational system,parents, and the student in order to achieve educational success for thestudent.
Article II. Definitions.
As used in this compact, unless the context clearly requires a differentconstruction:
"Active duty" 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. §§ 1209 and 1211.
"Children of military families" means school-aged children, enrolled inkindergarten through 12th grade, in the household of an active duty member.
"Compact commissioner" means the voting representative of each compactingstate appointed pursuant to Article VIII of this compact.
"Deployment" means the period one month prior to the service members'departure from their home station on military orders through six months afterreturn to their home station.
"Educational records" means those official records, files, and datadirectly related to a student and maintained by the school or local educationagency, including but not limited to records encompassing all the materialkept in the student's cumulative folder such as general identifying data,records of attendance and of academic work completed, records of achievementand results of evaluative tests, health data, disciplinary status, testprotocols, and individualized education programs.
"Extracurricular activities" means a voluntary activity sponsored by theschool or local education agency or an organization sanctioned by the localeducation agency. Extracurricular activities include but are not limited topreparation for and involvement in public performances, contests, athleticcompetitions, demonstrations, displays, and club activities.
"Interstate Commission on Educational Opportunity for Military Children"means the commission that is created under Article IX of this compact, whichis generally referred to as the Interstate Commission.
"Local education agency" means a public authority legally constituted bythe state as an administrative agency to provide control of and direction forkindergarten through 12th grade public educational institutions.
"Member state" means a state that has enacted this compact.
"Military installation" means a base, camp, post, station, yard, center,homeport facility for any ship, or other activity under the jurisdiction ofthe Department of Defense, including any leased facility, which is locatedwithin any of the several 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. Such term does not includeany facility used primarily for civil works, rivers and harbors projects, orflood control projects.
"Nonmember state" means a state that has not enacted this compact.
"Receiving state" means the state to which a child of a military family issent, brought, or caused to be sent or brought.
"Rule" means a written statement by the Interstate Commission promulgatedpursuant 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 InterstateCommission and has the force and effect of statutory law in a member state ifapproved by the legislature of the member state.
"Sending state" means the state from which a child of a military family issent, brought, or caused to be sent or brought.
"State" means a state of the United States, the District of Columbia, theCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,the Northern Marianas Islands, and any other U.S. territory.
"Student" means the child of a military family for whom the local educationagency receives public funding and who is formally enrolled in kindergartenthrough 12th grade.
"Transition" means: (i) the formal and physical process of transferringfrom school to school or (ii) the period of time in which a student movesfrom one school in the sending state to another school in the receiving state.
"Uniformed services" means the Army, Navy, Air Force, Marine Corps, CoastGuard, as well as the Commissioned Corps of the National Oceanic andAtmospheric Administration, and Public Health Services.
"Veteran" means a person who served in the active military, naval, or airservice and who was discharged or released there from under conditions otherthan dishonorable.
Article III. Applicability.
A. Except as otherwise provided in subsection B, this compact shall apply tothe 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 orderspursuant to 10 U.S.C. §§ 1209 and 1211;
2. Members or veterans of the uniformed services who are severely injured andmedically discharged or retired for a period of one year after medicaldischarge or retirement; and
3. Members of the uniformed services who die on active duty or as a result ofinjuries sustained on active duty for a period of one year after death.
B. The provisions of this interstate compact shall only apply to localeducation 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 insubsection A;
3. Veterans of the uniformed services, except as provided in subsection A; and
4. Other U.S. Department of Defense personnel and other federal agencycivilian and contract employees not defined as active duty members of theuniformed services.
Article IV. Educational Records and Enrollment.
A. Unofficial or "hand-carried" education records. In the event thatofficial education records cannot be released to the parents for the purposeof transfer, the custodian of the records in the sending state shall prepareand furnish to the parent a complete set of unofficial educational recordscontaining uniform information as determined by the Interstate Commission.Upon receipt of the unofficial education records by a school in the receivingstate, the school shall enroll and appropriately place the student based onthe information provided in the unofficial records pending validation by theofficial records, as quickly as possible.
B. Official education records/transcripts. Simultaneous with the enrollmentand conditional placement of the student, the school in the receiving stateshall request the student's official education records from the school in thesending state. Upon receipt of this request, the school in the sending statewill process and furnish the official education records to the school in thereceiving state within 10 days or within such time as is reasonablydetermined under the rules promulgated by the Interstate Commission.
C. Immunizations. Compacting states shall give 30 days from the date ofenrollment or within such time as is reasonably determined under the rulespromulgated by the Interstate Commission for students to obtain anyimmunization(s) required by the receiving state. For a series ofimmunizations, initial vaccinations must be obtained within 30 days or withinsuch time as is reasonably determined under the rules promulgated by theInterstate Commission.
D. Kindergarten and first grade entrance age. Students shall be allowed tocontinue their enrollment at the grade level in the receiving statecommensurate with their grade level (including kindergarten) from a localeducation agency in the sending state at the time of transition, regardlessof minimum age. A student who has satisfactorily completed the prerequisitegrade level in the local education agency in the sending state shall beeligible for enrollment in the next highest grade level in the receivingstate, regardless of minimum age. A student transferring after the start ofthe school year in the receiving state shall enter the school in thereceiving state on their validated level from a local education agency in thesending state.
Article V. Placement and Attendance.
A. Course placement. When the student transfers before or during the schoolyear, the receiving state school shall initially honor placement of thestudent in educational courses based on the student's enrollment in thesending state school and/or educational assessments conducted at the schoolin the sending state if the courses are offered. Course placement includes,but is not limited to, honors, International Baccalaureate, advancedplacement, vocational, technical, and career pathways courses. Continuing thestudent's academic program from the previous school and promoting placementin academically and career challenging courses should be paramount whenconsidering placement. This does not preclude the school in the receivingstate from performing subsequent evaluations to ensure appropriate placementand continued enrollment of the student in the course(s).
B. Educational program placement. The receiving state school shall initiallyhonor placement of the student in educational programs based on currenteducational assessments conducted at the school in the sending state orparticipation/placement in like programs in the sending state. Such programsinclude, but are not limited to, (i) gifted and talented programs and (ii)English as a second language (ESL) programs. This does not preclude theschool in the receiving state from performing subsequent evaluations toensure appropriate placement of the student.
C. Special education services. In compliance with the federal requirements ofthe Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 etseq., the receiving state shall initially provide comparable services to astudent with disabilities based on his or her current IndividualizedEducation Program (IEP) and in compliance with the requirements of § 504 ofthe Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americanswith Disabilities Act, 42 U.S.C. §§ 12131-12165, and the receiving stateshall make reasonable accommodations and modifications to address the needsof incoming students with disabilities, subject to an existing 504 or TitleII Plan, to provide the student with equal access to education. This does notpreclude the school in the receiving state from performing subsequentevaluations to ensure appropriate placement of the student.
D. Placement flexibility. Local education agency administrative officialsshall have flexibility in waiving course/program prerequisites or otherpreconditions for placement in courses/programs offered under thejurisdiction of the local education agency.
E. Absence as related to deployment activities. A student whose parent orlegal guardian is an active duty member of the uniformed services, as definedby the compact, and has been called to duty for, is on leave from, or hasimmediately returned from deployment to a combat zone or combat supportposting, shall be granted additional excused absences at the discretion ofthe local education agency superintendent to visit with his or her parent orlegal guardian relative to such leave or deployment of the parent or guardian.
Article VI. Eligibility.
A. Eligibility for enrollment.
1. Children of military families shall be eligible for enrollment in thepublic schools of Virginia provided that the documents required by §§22.1-3.1 and 22.1-3.2 are provided and subject to the authority of a localeducation agency to exclude such children from attendance pursuant to §22.1-277.2 or if such children have been found guilty or adjudicateddelinquent for any offense listed in subsection G of § 16.1-260 or anysubstantially similar offense under the laws of any state, the District ofColumbia, or the United States or its territories;
2. Special power of attorney, relative to the guardianship of a child of amilitary family, and executed under Title 10, United States Code, § 1044b,shall be sufficient for the purposes of enrollment and all other actionsrequiring parental participation and consent;
3. A local education agency shall be prohibited from charging local tuitionto a military child placed in the care of a noncustodial parent or otherperson standing in loco parentis who lives in a jurisdiction other than thatof the custodial parent; and
4. A military child, placed in the care of a noncustodial parent or otherperson standing in loco parentis who lives in a jurisdiction other than thatof the custodial parent, may continue to attend the school in which he or shewas enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation. State and local educationagencies shall facilitate the opportunity for military children's inclusionin extracurricular activities, regardless of application deadlines, to theextent they are otherwise qualified.
Article VII. Graduation.
In order to facilitate the on-time graduation of children of militaryfamilies, states and local education agencies shall incorporate the followingprocedures:
A. Waiver requirements. Local education agency administrative officials shallwaive specific courses required for graduation if similar coursework has beensatisfactorily completed in another local education agency or shall providereasonable justification for denial. Should a waiver not be granted to astudent who would qualify to graduate from the sending school, the localeducation agency shall provide an alternative means of acquiring requiredcoursework so that graduation may occur on time.
B. Exit exams. States shall accept: (i) exit or end-of-course exams requiredfor graduation from the sending state, (ii) national norm-referencedachievement tests, or (iii) alternative testing acceptable to the receivingstate, in lieu of testing requirements for graduation in the receiving state.In the event the above alternatives cannot be accommodated by the receivingstate, then the provisions of subsection C of this Article shall apply.Within 12 months of the effective date of this compact, the InterstateCommission shall adopt a rule addressing the acceptance of exit exams.
C. Transfers during senior year. Should a military student transferring inhis or her senior year be ineligible to graduate from the receiving localeducation agency after all alternatives have been considered, the sendinglocal education agency, with the cooperation of the receiving local educationagency, shall ensure the receipt of a diploma from the sending localeducation agency, if the student meets the graduation requirements of thesending local education agency. In the event that one of the states inquestion is not a member of this compact, the member state shall use bestefforts to facilitate the on-time graduation of the student in accordancewith subsections A and B of this Article.
Article VIII. State Coordination.
A. Each member state shall, through the creation of a State Council or use ofan existing body or board, provide for the coordination among its agencies ofgovernment, local education agencies, and military installations concerningthe state's participation in, and compliance with, this compact andInterstate Commission activities. While each member state may determine themembership of its own State Council, its membership must include at least:(i) the state superintendent of education, (ii) the superintendent of aschool district with a high concentration of military children, (iii) onerepresentative from a military installation, and (iv) one representative eachfrom the legislative and executive branches of government, and other officesand stakeholder groups the State Council deems appropriate. A member statethat does not have a school district deemed to contain a high concentrationof military children may appoint a superintendent from another schooldistrict to represent local education agencies on the State Council.
B. Each member state shall employ a military family education liaison toassist military families and the state in facilitating the implementation ofthis compact.
C. The Governor of each member state shall appoint or designate a compactcommissioner responsible for the administration and management of the state'sparticipation in the compact and who is empowered to establish statewidepolicy related to matters governed by this compact.
D. The compact commissioner and the military family education liaisondescribed herein shall be ex officio members of the State Council, unlesseither is already a full voting member of the State Council.
Article IX. Interstate Commission on Educational Opportunity for MilitaryChildren.
The member states hereby create the Interstate Commission on EducationalOpportunity for Military Children. The activities of the InterstateCommission are the formation of public policy and are a discretionary statefunction. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member states and shall haveall the responsibilities, powers, and duties set forth herein and suchadditional powers as may be conferred upon it by a subsequent concurrentaction of the respective legislatures of the member states in accordance withthe terms of this compact.
B. Consist of one Interstate Commission voting representative from eachmember state who shall be that state's compact commissioner and who isempowered to establish statewide policy related to matters governed by thiscompact.
1. Each member state represented at a meeting of the Interstate Commission isentitled to one vote;
2. A majority of the total member states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the bylaws ofthe Interstate Commission;
3. A representative shall not delegate a vote to another member state. In theevent the compact commissioner is unable to attend a meeting of theInterstate Commission, the Governor or State Council may delegate votingauthority to another person from the state for a specified meeting; and
4. The bylaws may provide for meetings of the Interstate Commission to beconducted by telecommunication or electronic communication.
C. Consist of ex officio, nonvoting representatives who are members ofinterested organizations. Such ex officio members, as defined in the bylaws,may include, but not be limited to, members of the representativeorganizations of military family advocates, local education agency officials,parent and teacher groups, the U.S. Department of Defense, the EducationCommission of the States, the Interstate Agreement on the Qualification ofEducational Personnel, and other interstate compacts affecting the educationof children of military members.
D. Meet at least once each calendar year. The chairperson may call additionalmeetings 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 officersof the Interstate Commission and such other members of the InterstateCommission as determined by the bylaws. Members of the executive committeeshall serve a one-year term. Members of the executive committee shall beentitled to one vote each. The executive committee shall have the power toact on behalf of the Interstate Commission, with the exception of rulemaking,during periods when the Interstate Commission is not in session. Theexecutive committee shall oversee the day-to-day activities of theadministration of the compact, including enforcement and compliance with theprovisions of the compact, its bylaws and rules, and other such duties asdeemed necessary. The U.S. Department of Defense shall serve as an exofficio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and proceduresunder which the Interstate Commission shall make its information and officialrecords available to the public for inspection or copying. The InterstateCommission may exempt from disclosure information or official records to theextent they would adversely affect personal privacy rights or proprietaryinterests.
G. Public notice shall be given by the Interstate Commission of all meetings,and all meetings shall be open to the public, except as set forth in therules or as otherwise provided in the compact. The Interstate Commission andits committees may close a meeting, or portion thereof, when it determines bytwo-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practicesand procedures;
2. Disclose matters specifically exempted from disclosure by federal andstate statute;
3. Disclose trade secrets or commercial or financial information that isprivileged or confidential;
4. Involve accusing a person of a crime or formally censuring a person;
5. Disclose information of a personal nature where disclosure wouldconstitute 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 acivil action or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant to the provisionsof subsection G, the Interstate Commission's legal counsel or designee shallcertify that the meeting may be closed and shall reference each relevantexemptible provision. The Interstate Commission shall keep minutes, whichshall fully and clearly describe all matters discussed in a meeting and shallprovide a full and accurate summary of actions taken, and the reasonstherefore, including a description of the views expressed and the record of aroll call vote. All documents considered in connection with an action shallbe identified in such minutes. All minutes and documents of a closed meetingshall remain under seal, subject to release by a majority vote of theInterstate Commission.
I. The Interstate Commission shall collect standardized data concerning theeducational transition of the children of military families under thiscompact as directed through its rules, which shall specify the data to becollected, the means of collection and data exchange, and reportingrequirements. Such methods of data collection, exchange, and reporting shall,in so far as is reasonably possible, conform to current technology andcoordinate its information functions with the appropriate custodian ofrecords as identified in the bylaws and rules.
J. The Interstate Commission shall create a process that permits militaryofficials, education officials, and parents to inform the InterstateCommission if and when there are alleged violations of the compact or itsrules or when issues subject to the jurisdiction of the compact or its rulesare not addressed by the state or local education agency. This section shallnot be construed to create a private right of action against the InterstateCommission, any member state, or any local education agency.
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 havethe force and effect of regulations adopted under the Administrative ProcessAct (§ 2.2-4000 et seq.), and shall be binding in the compact states to theextent and in the manner provided in this compact.
C. To issue, upon request of a member state, advisory opinions concerning themeaning or interpretation of the interstate compact, its bylaws, rules, andactions.
D. To enforce compliance with the compact provisions, the rules promulgatedby the Interstate Commission, and the bylaws, using all necessary and propermeans, including but not limited to the use of judicial process. Any actionto enforce compliance with the compact provisions by the InterstateCommission shall be brought against a member state only.
E. To establish and maintain offices, which shall be located within one ormore 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 anexecutive committee as required by Article IX, subsection E, which shall havethe power to act on behalf of the Interstate Commission in carrying out itspowers and duties hereunder.
I. To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix their compensation, define their duties, anddetermine their qualifications and to establish the Interstate Commission'spersonnel policies and programs relating to conflicts of interest, rates ofcompensation, and qualifications of personnel.
J. To accept any and all donations and grants of money, equipment, supplies,materials, and services and to receive, utilize, and dispose of them.
K. To lease, purchase, accept contributions or donations of, or otherwise toown, hold, improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose 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 theInterstate Commission.
O. To report annually to the legislatures, governors, judiciary, and statecouncils of the member states concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
P. To coordinate education, training, and public awareness regarding thecompact, its implementation, and operation for officials and parents involvedin such activity.
Q. To establish uniform standards for the reporting, collecting, andexchanging 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 achievethe purposes of this compact.
T. To provide for the uniform collection and sharing of information betweenand 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 andvoting, within 12 months after the first Interstate Commission meeting, adoptbylaws to govern its conduct as may be necessary or appropriate to carry outthe 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 benecessary;
3. Providing for the establishment of committees and for governing anygeneral or specific delegation of authority or function of the InterstateCommission;
4. Providing reasonable procedures for calling and conducting meetings of theInterstate Commission and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers and staff ofthe Interstate Commission;
6. Providing a mechanism for concluding the operations of the InterstateCommission and the return of surplus funds that may exist upon thetermination of the compact after the payment and reserving of all of itsdebts and obligations; and
7. Providing "start-up" rules for initial administration of the compact.
B. The Interstate Commission shall, by a majority of the members, electannually from among its members a chairperson, a vice-chairperson, and atreasurer, each of whom shall have the authority and duties as may bespecified in the bylaws. The chairperson or, in the chairperson's absence ordisability, the vice-chairperson, shall preside at all meetings of theInterstate Commission. The officers so elected shall serve withoutcompensation or remuneration from the Interstate Commission provided that,subject to the availability of budgeted funds, the officers shall bereimbursed for ordinary and necessary costs and expenses incurred by them inthe performance of their responsibilities as officers of the InterstateCommission.
C. Executive Committee, officers, and personnel.
1. The executive committee shall have such authority and duties as may be setforth in the bylaws, including but not limited to: (i) managing the affairsof the Interstate Commission in a manner consistent with the bylaws andpurposes of the Interstate Commission; (ii) overseeing an organizationalstructure within and appropriate procedures for the Interstate Commission toprovide for the creation of rules, operating procedures, and administrativeand technical support functions; and (iii) planning, implementing, andcoordinating communications and activities with other state, federal, andlocal government organizations in order to advance the goals of theInterstate Commission.
2. The executive committee may, subject to the approval of the InterstateCommission, appoint or retain an executive director for such period, uponsuch terms and conditions, and for such compensation as the InterstateCommission may deem appropriate. The executive director shall serve assecretary to the Interstate Commission, but shall not be a member of theInterstate Commission. The executive director shall hire and supervise suchother persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall beimmune from suit and liability, either personally or in their officialcapacity, for a claim for damage to or loss of property or personal injury orother civil liability caused or arising out of or relating to an actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred, within the scope of InterstateCommission employment, duties, or responsibilities, provided that such personshall not be protected from suit or liability for damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of suchperson.
1. The liability of the Interstate Commission's executive director andemployees or the Interstate Commission representatives, acting within thescope of their employment or duties for acts, errors, or omissions occurringwithin such person's state, may not exceed the limits of liability set forthunder the constitution and laws of that state for state officials, employees,and agents. The Interstate Commission is considered to be an instrumentalityof the states for the purposes of any such action. Nothing in this subsectionshall be construed to protect such person from suit or liability for damage,loss, injury, or liability caused by the intentional or willful and wantonmisconduct of such person.
2. The Interstate Commission shall defend the executive director and itsemployees and, subject to the approval of the Attorney General or otherappropriate legal counsel of the member state represented by an InterstateCommission representative, shall defend such Interstate Commissionrepresentative in any civil action seeking to impose liability arising out ofan actual or alleged act, error, or omission that occurred within the scopeof Interstate Commission employment, duties, or responsibilities, or that thedefendant had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, member state, or theInterstate Commission, the representatives or employees of the InterstateCommission shall be held harmless in the amount of a settlement or judgment,including attorney's fees and costs, obtained against such persons arisingout of an actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities, orthat such persons had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not resultfrom intentional or willful and wanton misconduct on the part of such persons.
Article XII. Rulemaking Functions of the Interstate Commission.
A. Rulemaking authority. The Interstate Commission shall promulgatereasonable rules in order to effectively and efficiently achieve the purposesof this compact. Notwithstanding the foregoing, in the event the InterstateCommission exercises its rulemaking authority in a manner that is beyond thescope of the purposes of this Act, or the powers granted hereunder, then suchan action by the Interstate Commission shall be invalid and have no force oreffect.
B. Rulemaking procedure. Rules shall be made pursuant to a rulemaking processthat substantially conforms to the "Model State Administrative ProcedureAct," of 1981, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, asmay be appropriate to the operations of the Interstate Commission.
C. Not later than 30 days after a rule is promulgated, any person may file apetition for judicial review of the rule provided that the filing of such apetition shall not stay or otherwise prevent the rule from becoming effectiveunless the court finds that the petitioner has a substantial likelihood ofsuccess. The court shall give deference to the actions of the InterstateCommission consistent with applicable law and shall not find the rule to beunlawful if the rule represents a reasonable exercise of the InterstateCommission's authority.
D. If a majority of the legislatures of the compacting states rejects a ruleby enactment of a statute or resolution in the same manner used to adopt thecompact, then such rule shall have no further force and effect in anycompacting state.
Article XIII. Oversight, Enforcement, and Dispute Resolution.
A. Oversight.
1. The executive, legislative, and judicial branches of state government ineach member state shall enforce this compact and shall take all actionsnecessary and appropriate to effectuate the compact's purposes and intent.The provisions of this compact and the rules promulgated hereunder shall havestanding as regulations adopted under the Administrative Process Act (§2.2-4000 et seq.);
2. All courts shall take judicial notice of the compact and the rules in anyjudicial or administrative proceeding in a member state pertaining to thesubject matter of this compact that may affect the powers, responsibilities,or actions of the Interstate Commission; and
3. The Interstate Commission shall be entitled to receive all service ofprocess in any such proceeding and shall have standing to intervene in theproceeding for all purposes. Failure to provide service of process to theInterstate Commission shall render a judgment or order void as to theInterstate Commission, this compact, or promulgated rules.
B. Default, technical assistance, suspension, and termination.
If the Interstate Commission determines that a member state has defaulted inthe performance of its obligations or responsibilities under this compact, orthe bylaws or promulgated rules, the Interstate Commission shall:
1. Provide written notice to the defaulting state and other member states ofthe nature of the default, the means of curing the default, and any actiontaken by the Interstate Commission. The Interstate Commission shall specifythe conditions by which the defaulting state must cure its default;
2. Provide remedial training and specific technical assistance regarding thedefault;
3. If the defaulting state fails to cure the default, the defaulting stateshall be terminated from the compact upon an affirmative vote of a majorityof the member states, and all rights, privileges, and benefits conferred bythis compact shall be terminated from the effective date of termination. Acure of the default does not relieve the offending state of obligations orliabilities incurred during the period of the default;
4. Suspension or termination of membership in the compact shall be imposedonly after all other means of securing compliance have been exhausted. Noticeof intent to suspend or terminate shall be given by the Interstate Commissionto the Governor, the majority and minority leaders of the defaulting state'slegislature, and each of the member states;
5. The state that has been suspended or terminated is responsible for allassessments, obligations, and liabilities incurred through the effective dateof suspension or termination, including obligations the performance of whichextends beyond the effective date of suspension or termination;
6. The Interstate Commission shall not bear any costs relating to any statethat has been found to be in default or that has been suspended or terminatedfrom the compact, unless otherwise mutually agreed upon in writing betweenthe Interstate Commission and the defaulting state; and
7. The defaulting state may appeal the action of the Interstate Commission bypetitioning the United States District Court for the District of Columbia orthe federal district where the Interstate Commission has its principaloffices. The prevailing party shall be awarded all costs of such litigationincluding reasonable attorney's fees.
C. Dispute resolution.
1. The Interstate Commission shall attempt, upon the request of a memberstate, to resolve disputes that are subject to the compact and that may ariseamong member states and between member and nonmember states.
2. The Interstate Commission shall promulgate a rule providing for mediationfor disputes as appropriate.
Article XIV. Financing of the Interstate Commission.
A. The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization, and ongoingactivities.
B. The Interstate Commission may levy on and collect an annual assessmentfrom each member state to cover the cost of the operations and activities ofthe Interstate Commission and its staff, which must be in a total amountsufficient to cover the Interstate Commission's annual budget as approvedeach year. The aggregate annual assessment amount shall be allocated basedupon a formula to be determined by the Interstate Commission, which shallpromulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior tosecuring the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the member states, except by and withthe authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart 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 enactmentof the compact into law by no less than 10 of the states. Thereafter it shallbecome effective and binding as to any other member state upon enactment ofthe compact into law by that state. The Governors of nonmember states ortheir designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states.
C. The Interstate Commission may propose amendments to the compact forenactment by the member states. No amendment shall become effective andbinding upon the Interstate Commission and the member states unless and untilit 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 bindingupon each and every member state, provided that a member state may withdrawfrom the compact specifically by repealing the statute that enacted thecompact into law.
2. Withdrawal from this compact shall be by the enactment of a statuterepealing the same.
3. The withdrawing state shall immediately notify the chairperson of theInterstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other member states of the withdrawing state's intent towithdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, andliabilities incurred through the effective date of withdrawal, includingobligations the performance of which extends beyond the effective date ofwithdrawal.
5. Reinstatement following withdrawal of a member state shall occur upon thewithdrawing state reenacting the compact or upon such later date asdetermined by the Interstate Commission.
B. Dissolution of compact.
1. This compact shall dissolve effective upon the date of the withdrawal ordefault of the member state that reduces the membership in the compact to onemember state.
2. Upon the dissolution of this compact, the compact becomes null and voidand shall be of no further force or effect and the business and affairs ofthe Interstate Commission shall be concluded and surplus funds shall bedistributed 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 remainingprovisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuateits purposes.
C. Nothing in this compact shall be construed to prohibit the applicabilityof other 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 statethat is not inconsistent with this compact.
2. All member states' laws conflicting with this compact are superseded tothe extent of the conflict.
B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules andbylaws promulgated by the Interstate Commission, are binding upon the memberstates.
2. All agreements between the Interstate Commission and the member states arebinding in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, such provision shallbe ineffective to the extent of the conflict with the constitutionalprovision in question in that member state.
§ 22.1-360. Interstate Compact on Educational Opportunity for MilitaryChildren.
The Interstate Compact on Educational Opportunity for Military Children ishereby enacted into law and entered into with all jurisdictions legallyjoining therein in the form substantially as follows:
Article I. Purpose.
It is the purpose of this compact to remove barriers to educational successimposed on children of military families because of frequent moves anddeployment of their parents by:
A. Facilitating the timely enrollment of children of military families andensuring that they are not placed at a disadvantage due to difficulty in thetransfer of education records from the previous school district(s) orvariations in entrance/age requirements.
B. Facilitating the student placement process through which children ofmilitary families are not disadvantaged by variations in attendancerequirements, scheduling, sequencing, grading, course content, or assessment.
C. Facilitating the qualification and eligibility for enrollment, educationalprograms, and participation in extracurricular academic, athletic, and socialactivities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rulesimplementing the provisions of this compact.
F. Providing for the uniform collection and sharing of information betweenand among member states, schools, and military families under this compact.
G. Promoting coordination between this compact and other compacts affectingmilitary children.
H. Promoting flexibility and cooperation between the educational system,parents, and the student in order to achieve educational success for thestudent.
Article II. Definitions.
As used in this compact, unless the context clearly requires a differentconstruction:
"Active duty" 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. §§ 1209 and 1211.
"Children of military families" means school-aged children, enrolled inkindergarten through 12th grade, in the household of an active duty member.
"Compact commissioner" means the voting representative of each compactingstate appointed pursuant to Article VIII of this compact.
"Deployment" means the period one month prior to the service members'departure from their home station on military orders through six months afterreturn to their home station.
"Educational records" means those official records, files, and datadirectly related to a student and maintained by the school or local educationagency, including but not limited to records encompassing all the materialkept in the student's cumulative folder such as general identifying data,records of attendance and of academic work completed, records of achievementand results of evaluative tests, health data, disciplinary status, testprotocols, and individualized education programs.
"Extracurricular activities" means a voluntary activity sponsored by theschool or local education agency or an organization sanctioned by the localeducation agency. Extracurricular activities include but are not limited topreparation for and involvement in public performances, contests, athleticcompetitions, demonstrations, displays, and club activities.
"Interstate Commission on Educational Opportunity for Military Children"means the commission that is created under Article IX of this compact, whichis generally referred to as the Interstate Commission.
"Local education agency" means a public authority legally constituted bythe state as an administrative agency to provide control of and direction forkindergarten through 12th grade public educational institutions.
"Member state" means a state that has enacted this compact.
"Military installation" means a base, camp, post, station, yard, center,homeport facility for any ship, or other activity under the jurisdiction ofthe Department of Defense, including any leased facility, which is locatedwithin any of the several 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. Such term does not includeany facility used primarily for civil works, rivers and harbors projects, orflood control projects.
"Nonmember state" means a state that has not enacted this compact.
"Receiving state" means the state to which a child of a military family issent, brought, or caused to be sent or brought.
"Rule" means a written statement by the Interstate Commission promulgatedpursuant 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 InterstateCommission and has the force and effect of statutory law in a member state ifapproved by the legislature of the member state.
"Sending state" means the state from which a child of a military family issent, brought, or caused to be sent or brought.
"State" means a state of the United States, the District of Columbia, theCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,the Northern Marianas Islands, and any other U.S. territory.
"Student" means the child of a military family for whom the local educationagency receives public funding and who is formally enrolled in kindergartenthrough 12th grade.
"Transition" means: (i) the formal and physical process of transferringfrom school to school or (ii) the period of time in which a student movesfrom one school in the sending state to another school in the receiving state.
"Uniformed services" means the Army, Navy, Air Force, Marine Corps, CoastGuard, as well as the Commissioned Corps of the National Oceanic andAtmospheric Administration, and Public Health Services.
"Veteran" means a person who served in the active military, naval, or airservice and who was discharged or released there from under conditions otherthan dishonorable.
Article III. Applicability.
A. Except as otherwise provided in subsection B, this compact shall apply tothe 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 orderspursuant to 10 U.S.C. §§ 1209 and 1211;
2. Members or veterans of the uniformed services who are severely injured andmedically discharged or retired for a period of one year after medicaldischarge or retirement; and
3. Members of the uniformed services who die on active duty or as a result ofinjuries sustained on active duty for a period of one year after death.
B. The provisions of this interstate compact shall only apply to localeducation 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 insubsection A;
3. Veterans of the uniformed services, except as provided in subsection A; and
4. Other U.S. Department of Defense personnel and other federal agencycivilian and contract employees not defined as active duty members of theuniformed services.
Article IV. Educational Records and Enrollment.
A. Unofficial or "hand-carried" education records. In the event thatofficial education records cannot be released to the parents for the purposeof transfer, the custodian of the records in the sending state shall prepareand furnish to the parent a complete set of unofficial educational recordscontaining uniform information as determined by the Interstate Commission.Upon receipt of the unofficial education records by a school in the receivingstate, the school shall enroll and appropriately place the student based onthe information provided in the unofficial records pending validation by theofficial records, as quickly as possible.
B. Official education records/transcripts. Simultaneous with the enrollmentand conditional placement of the student, the school in the receiving stateshall request the student's official education records from the school in thesending state. Upon receipt of this request, the school in the sending statewill process and furnish the official education records to the school in thereceiving state within 10 days or within such time as is reasonablydetermined under the rules promulgated by the Interstate Commission.
C. Immunizations. Compacting states shall give 30 days from the date ofenrollment or within such time as is reasonably determined under the rulespromulgated by the Interstate Commission for students to obtain anyimmunization(s) required by the receiving state. For a series ofimmunizations, initial vaccinations must be obtained within 30 days or withinsuch time as is reasonably determined under the rules promulgated by theInterstate Commission.
D. Kindergarten and first grade entrance age. Students shall be allowed tocontinue their enrollment at the grade level in the receiving statecommensurate with their grade level (including kindergarten) from a localeducation agency in the sending state at the time of transition, regardlessof minimum age. A student who has satisfactorily completed the prerequisitegrade level in the local education agency in the sending state shall beeligible for enrollment in the next highest grade level in the receivingstate, regardless of minimum age. A student transferring after the start ofthe school year in the receiving state shall enter the school in thereceiving state on their validated level from a local education agency in thesending state.
Article V. Placement and Attendance.
A. Course placement. When the student transfers before or during the schoolyear, the receiving state school shall initially honor placement of thestudent in educational courses based on the student's enrollment in thesending state school and/or educational assessments conducted at the schoolin the sending state if the courses are offered. Course placement includes,but is not limited to, honors, International Baccalaureate, advancedplacement, vocational, technical, and career pathways courses. Continuing thestudent's academic program from the previous school and promoting placementin academically and career challenging courses should be paramount whenconsidering placement. This does not preclude the school in the receivingstate from performing subsequent evaluations to ensure appropriate placementand continued enrollment of the student in the course(s).
B. Educational program placement. The receiving state school shall initiallyhonor placement of the student in educational programs based on currenteducational assessments conducted at the school in the sending state orparticipation/placement in like programs in the sending state. Such programsinclude, but are not limited to, (i) gifted and talented programs and (ii)English as a second language (ESL) programs. This does not preclude theschool in the receiving state from performing subsequent evaluations toensure appropriate placement of the student.
C. Special education services. In compliance with the federal requirements ofthe Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 etseq., the receiving state shall initially provide comparable services to astudent with disabilities based on his or her current IndividualizedEducation Program (IEP) and in compliance with the requirements of § 504 ofthe Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americanswith Disabilities Act, 42 U.S.C. §§ 12131-12165, and the receiving stateshall make reasonable accommodations and modifications to address the needsof incoming students with disabilities, subject to an existing 504 or TitleII Plan, to provide the student with equal access to education. This does notpreclude the school in the receiving state from performing subsequentevaluations to ensure appropriate placement of the student.
D. Placement flexibility. Local education agency administrative officialsshall have flexibility in waiving course/program prerequisites or otherpreconditions for placement in courses/programs offered under thejurisdiction of the local education agency.
E. Absence as related to deployment activities. A student whose parent orlegal guardian is an active duty member of the uniformed services, as definedby the compact, and has been called to duty for, is on leave from, or hasimmediately returned from deployment to a combat zone or combat supportposting, shall be granted additional excused absences at the discretion ofthe local education agency superintendent to visit with his or her parent orlegal guardian relative to such leave or deployment of the parent or guardian.
Article VI. Eligibility.
A. Eligibility for enrollment.
1. Children of military families shall be eligible for enrollment in thepublic schools of Virginia provided that the documents required by §§22.1-3.1 and 22.1-3.2 are provided and subject to the authority of a localeducation agency to exclude such children from attendance pursuant to §22.1-277.2 or if such children have been found guilty or adjudicateddelinquent for any offense listed in subsection G of § 16.1-260 or anysubstantially similar offense under the laws of any state, the District ofColumbia, or the United States or its territories;
2. Special power of attorney, relative to the guardianship of a child of amilitary family, and executed under Title 10, United States Code, § 1044b,shall be sufficient for the purposes of enrollment and all other actionsrequiring parental participation and consent;
3. A local education agency shall be prohibited from charging local tuitionto a military child placed in the care of a noncustodial parent or otherperson standing in loco parentis who lives in a jurisdiction other than thatof the custodial parent; and
4. A military child, placed in the care of a noncustodial parent or otherperson standing in loco parentis who lives in a jurisdiction other than thatof the custodial parent, may continue to attend the school in which he or shewas enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation. State and local educationagencies shall facilitate the opportunity for military children's inclusionin extracurricular activities, regardless of application deadlines, to theextent they are otherwise qualified.
Article VII. Graduation.
In order to facilitate the on-time graduation of children of militaryfamilies, states and local education agencies shall incorporate the followingprocedures:
A. Waiver requirements. Local education agency administrative officials shallwaive specific courses required for graduation if similar coursework has beensatisfactorily completed in another local education agency or shall providereasonable justification for denial. Should a waiver not be granted to astudent who would qualify to graduate from the sending school, the localeducation agency shall provide an alternative means of acquiring requiredcoursework so that graduation may occur on time.
B. Exit exams. States shall accept: (i) exit or end-of-course exams requiredfor graduation from the sending state, (ii) national norm-referencedachievement tests, or (iii) alternative testing acceptable to the receivingstate, in lieu of testing requirements for graduation in the receiving state.In the event the above alternatives cannot be accommodated by the receivingstate, then the provisions of subsection C of this Article shall apply.Within 12 months of the effective date of this compact, the InterstateCommission shall adopt a rule addressing the acceptance of exit exams.
C. Transfers during senior year. Should a military student transferring inhis or her senior year be ineligible to graduate from the receiving localeducation agency after all alternatives have been considered, the sendinglocal education agency, with the cooperation of the receiving local educationagency, shall ensure the receipt of a diploma from the sending localeducation agency, if the student meets the graduation requirements of thesending local education agency. In the event that one of the states inquestion is not a member of this compact, the member state shall use bestefforts to facilitate the on-time graduation of the student in accordancewith subsections A and B of this Article.
Article VIII. State Coordination.
A. Each member state shall, through the creation of a State Council or use ofan existing body or board, provide for the coordination among its agencies ofgovernment, local education agencies, and military installations concerningthe state's participation in, and compliance with, this compact andInterstate Commission activities. While each member state may determine themembership of its own State Council, its membership must include at least:(i) the state superintendent of education, (ii) the superintendent of aschool district with a high concentration of military children, (iii) onerepresentative from a military installation, and (iv) one representative eachfrom the legislative and executive branches of government, and other officesand stakeholder groups the State Council deems appropriate. A member statethat does not have a school district deemed to contain a high concentrationof military children may appoint a superintendent from another schooldistrict to represent local education agencies on the State Council.
B. Each member state shall employ a military family education liaison toassist military families and the state in facilitating the implementation ofthis compact.
C. The Governor of each member state shall appoint or designate a compactcommissioner responsible for the administration and management of the state'sparticipation in the compact and who is empowered to establish statewidepolicy related to matters governed by this compact.
D. The compact commissioner and the military family education liaisondescribed herein shall be ex officio members of the State Council, unlesseither is already a full voting member of the State Council.
Article IX. Interstate Commission on Educational Opportunity for MilitaryChildren.
The member states hereby create the Interstate Commission on EducationalOpportunity for Military Children. The activities of the InterstateCommission are the formation of public policy and are a discretionary statefunction. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member states and shall haveall the responsibilities, powers, and duties set forth herein and suchadditional powers as may be conferred upon it by a subsequent concurrentaction of the respective legislatures of the member states in accordance withthe terms of this compact.
B. Consist of one Interstate Commission voting representative from eachmember state who shall be that state's compact commissioner and who isempowered to establish statewide policy related to matters governed by thiscompact.
1. Each member state represented at a meeting of the Interstate Commission isentitled to one vote;
2. A majority of the total member states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the bylaws ofthe Interstate Commission;
3. A representative shall not delegate a vote to another member state. In theevent the compact commissioner is unable to attend a meeting of theInterstate Commission, the Governor or State Council may delegate votingauthority to another person from the state for a specified meeting; and
4. The bylaws may provide for meetings of the Interstate Commission to beconducted by telecommunication or electronic communication.
C. Consist of ex officio, nonvoting representatives who are members ofinterested organizations. Such ex officio members, as defined in the bylaws,may include, but not be limited to, members of the representativeorganizations of military family advocates, local education agency officials,parent and teacher groups, the U.S. Department of Defense, the EducationCommission of the States, the Interstate Agreement on the Qualification ofEducational Personnel, and other interstate compacts affecting the educationof children of military members.
D. Meet at least once each calendar year. The chairperson may call additionalmeetings 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 officersof the Interstate Commission and such other members of the InterstateCommission as determined by the bylaws. Members of the executive committeeshall serve a one-year term. Members of the executive committee shall beentitled to one vote each. The executive committee shall have the power toact on behalf of the Interstate Commission, with the exception of rulemaking,during periods when the Interstate Commission is not in session. Theexecutive committee shall oversee the day-to-day activities of theadministration of the compact, including enforcement and compliance with theprovisions of the compact, its bylaws and rules, and other such duties asdeemed necessary. The U.S. Department of Defense shall serve as an exofficio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and proceduresunder which the Interstate Commission shall make its information and officialrecords available to the public for inspection or copying. The InterstateCommission may exempt from disclosure information or official records to theextent they would adversely affect personal privacy rights or proprietaryinterests.
G. Public notice shall be given by the Interstate Commission of all meetings,and all meetings shall be open to the public, except as set forth in therules or as otherwise provided in the compact. The Interstate Commission andits committees may close a meeting, or portion thereof, when it determines bytwo-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practicesand procedures;
2. Disclose matters specifically exempted from disclosure by federal andstate statute;
3. Disclose trade secrets or commercial or financial information that isprivileged or confidential;
4. Involve accusing a person of a crime or formally censuring a person;
5. Disclose information of a personal nature where disclosure wouldconstitute 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 acivil action or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant to the provisionsof subsection G, the Interstate Commission's legal counsel or designee shallcertify that the meeting may be closed and shall reference each relevantexemptible provision. The Interstate Commission shall keep minutes, whichshall fully and clearly describe all matters discussed in a meeting and shallprovide a full and accurate summary of actions taken, and the reasonstherefore, including a description of the views expressed and the record of aroll call vote. All documents considered in connection with an action shallbe identified in such minutes. All minutes and documents of a closed meetingshall remain under seal, subject to release by a majority vote of theInterstate Commission.
I. The Interstate Commission shall collect standardized data concerning theeducational transition of the children of military families under thiscompact as directed through its rules, which shall specify the data to becollected, the means of collection and data exchange, and reportingrequirements. Such methods of data collection, exchange, and reporting shall,in so far as is reasonably possible, conform to current technology andcoordinate its information functions with the appropriate custodian ofrecords as identified in the bylaws and rules.
J. The Interstate Commission shall create a process that permits militaryofficials, education officials, and parents to inform the InterstateCommission if and when there are alleged violations of the compact or itsrules or when issues subject to the jurisdiction of the compact or its rulesare not addressed by the state or local education agency. This section shallnot be construed to create a private right of action against the InterstateCommission, any member state, or any local education agency.
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 havethe force and effect of regulations adopted under the Administrative ProcessAct (§ 2.2-4000 et seq.), and shall be binding in the compact states to theextent and in the manner provided in this compact.
C. To issue, upon request of a member state, advisory opinions concerning themeaning or interpretation of the interstate compact, its bylaws, rules, andactions.
D. To enforce compliance with the compact provisions, the rules promulgatedby the Interstate Commission, and the bylaws, using all necessary and propermeans, including but not limited to the use of judicial process. Any actionto enforce compliance with the compact provisions by the InterstateCommission shall be brought against a member state only.
E. To establish and maintain offices, which shall be located within one ormore 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 anexecutive committee as required by Article IX, subsection E, which shall havethe power to act on behalf of the Interstate Commission in carrying out itspowers and duties hereunder.
I. To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix their compensation, define their duties, anddetermine their qualifications and to establish the Interstate Commission'spersonnel policies and programs relating to conflicts of interest, rates ofcompensation, and qualifications of personnel.
J. To accept any and all donations and grants of money, equipment, supplies,materials, and services and to receive, utilize, and dispose of them.
K. To lease, purchase, accept contributions or donations of, or otherwise toown, hold, improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose 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 theInterstate Commission.
O. To report annually to the legislatures, governors, judiciary, and statecouncils of the member states concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
P. To coordinate education, training, and public awareness regarding thecompact, its implementation, and operation for officials and parents involvedin such activity.
Q. To establish uniform standards for the reporting, collecting, andexchanging 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 achievethe purposes of this compact.
T. To provide for the uniform collection and sharing of information betweenand 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 andvoting, within 12 months after the first Interstate Commission meeting, adoptbylaws to govern its conduct as may be necessary or appropriate to carry outthe 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 benecessary;
3. Providing for the establishment of committees and for governing anygeneral or specific delegation of authority or function of the InterstateCommission;
4. Providing reasonable procedures for calling and conducting meetings of theInterstate Commission and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers and staff ofthe Interstate Commission;
6. Providing a mechanism for concluding the operations of the InterstateCommission and the return of surplus funds that may exist upon thetermination of the compact after the payment and reserving of all of itsdebts and obligations; and
7. Providing "start-up" rules for initial administration of the compact.
B. The Interstate Commission shall, by a majority of the members, electannually from among its members a chairperson, a vice-chairperson, and atreasurer, each of whom shall have the authority and duties as may bespecified in the bylaws. The chairperson or, in the chairperson's absence ordisability, the vice-chairperson, shall preside at all meetings of theInterstate Commission. The officers so elected shall serve withoutcompensation or remuneration from the Interstate Commission provided that,subject to the availability of budgeted funds, the officers shall bereimbursed for ordinary and necessary costs and expenses incurred by them inthe performance of their responsibilities as officers of the InterstateCommission.
C. Executive Committee, officers, and personnel.
1. The executive committee shall have such authority and duties as may be setforth in the bylaws, including but not limited to: (i) managing the affairsof the Interstate Commission in a manner consistent with the bylaws andpurposes of the Interstate Commission; (ii) overseeing an organizationalstructure within and appropriate procedures for the Interstate Commission toprovide for the creation of rules, operating procedures, and administrativeand technical support functions; and (iii) planning, implementing, andcoordinating communications and activities with other state, federal, andlocal government organizations in order to advance the goals of theInterstate Commission.
2. The executive committee may, subject to the approval of the InterstateCommission, appoint or retain an executive director for such period, uponsuch terms and conditions, and for such compensation as the InterstateCommission may deem appropriate. The executive director shall serve assecretary to the Interstate Commission, but shall not be a member of theInterstate Commission. The executive director shall hire and supervise suchother persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall beimmune from suit and liability, either personally or in their officialcapacity, for a claim for damage to or loss of property or personal injury orother civil liability caused or arising out of or relating to an actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred, within the scope of InterstateCommission employment, duties, or responsibilities, provided that such personshall not be protected from suit or liability for damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of suchperson.
1. The liability of the Interstate Commission's executive director andemployees or the Interstate Commission representatives, acting within thescope of their employment or duties for acts, errors, or omissions occurringwithin such person's state, may not exceed the limits of liability set forthunder the constitution and laws of that state for state officials, employees,and agents. The Interstate Commission is considered to be an instrumentalityof the states for the purposes of any such action. Nothing in this subsectionshall be construed to protect such person from suit or liability for damage,loss, injury, or liability caused by the intentional or willful and wantonmisconduct of such person.
2. The Interstate Commission shall defend the executive director and itsemployees and, subject to the approval of the Attorney General or otherappropriate legal counsel of the member state represented by an InterstateCommission representative, shall defend such Interstate Commissionrepresentative in any civil action seeking to impose liability arising out ofan actual or alleged act, error, or omission that occurred within the scopeof Interstate Commission employment, duties, or responsibilities, or that thedefendant had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, member state, or theInterstate Commission, the representatives or employees of the InterstateCommission shall be held harmless in the amount of a settlement or judgment,including attorney's fees and costs, obtained against such persons arisingout of an actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities, orthat such persons had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not resultfrom intentional or willful and wanton misconduct on the part of such persons.
Article XII. Rulemaking Functions of the Interstate Commission.
A. Rulemaking authority. The Interstate Commission shall promulgatereasonable rules in order to effectively and efficiently achieve the purposesof this compact. Notwithstanding the foregoing, in the event the InterstateCommission exercises its rulemaking authority in a manner that is beyond thescope of the purposes of this Act, or the powers granted hereunder, then suchan action by the Interstate Commission shall be invalid and have no force oreffect.
B. Rulemaking procedure. Rules shall be made pursuant to a rulemaking processthat substantially conforms to the "Model State Administrative ProcedureAct," of 1981, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, asmay be appropriate to the operations of the Interstate Commission.
C. Not later than 30 days after a rule is promulgated, any person may file apetition for judicial review of the rule provided that the filing of such apetition shall not stay or otherwise prevent the rule from becoming effectiveunless the court finds that the petitioner has a substantial likelihood ofsuccess. The court shall give deference to the actions of the InterstateCommission consistent with applicable law and shall not find the rule to beunlawful if the rule represents a reasonable exercise of the InterstateCommission's authority.
D. If a majority of the legislatures of the compacting states rejects a ruleby enactment of a statute or resolution in the same manner used to adopt thecompact, then such rule shall have no further force and effect in anycompacting state.
Article XIII. Oversight, Enforcement, and Dispute Resolution.
A. Oversight.
1. The executive, legislative, and judicial branches of state government ineach member state shall enforce this compact and shall take all actionsnecessary and appropriate to effectuate the compact's purposes and intent.The provisions of this compact and the rules promulgated hereunder shall havestanding as regulations adopted under the Administrative Process Act (§2.2-4000 et seq.);
2. All courts shall take judicial notice of the compact and the rules in anyjudicial or administrative proceeding in a member state pertaining to thesubject matter of this compact that may affect the powers, responsibilities,or actions of the Interstate Commission; and
3. The Interstate Commission shall be entitled to receive all service ofprocess in any such proceeding and shall have standing to intervene in theproceeding for all purposes. Failure to provide service of process to theInterstate Commission shall render a judgment or order void as to theInterstate Commission, this compact, or promulgated rules.
B. Default, technical assistance, suspension, and termination.
If the Interstate Commission determines that a member state has defaulted inthe performance of its obligations or responsibilities under this compact, orthe bylaws or promulgated rules, the Interstate Commission shall:
1. Provide written notice to the defaulting state and other member states ofthe nature of the default, the means of curing the default, and any actiontaken by the Interstate Commission. The Interstate Commission shall specifythe conditions by which the defaulting state must cure its default;
2. Provide remedial training and specific technical assistance regarding thedefault;
3. If the defaulting state fails to cure the default, the defaulting stateshall be terminated from the compact upon an affirmative vote of a majorityof the member states, and all rights, privileges, and benefits conferred bythis compact shall be terminated from the effective date of termination. Acure of the default does not relieve the offending state of obligations orliabilities incurred during the period of the default;
4. Suspension or termination of membership in the compact shall be imposedonly after all other means of securing compliance have been exhausted. Noticeof intent to suspend or terminate shall be given by the Interstate Commissionto the Governor, the majority and minority leaders of the defaulting state'slegislature, and each of the member states;
5. The state that has been suspended or terminated is responsible for allassessments, obligations, and liabilities incurred through the effective dateof suspension or termination, including obligations the performance of whichextends beyond the effective date of suspension or termination;
6. The Interstate Commission shall not bear any costs relating to any statethat has been found to be in default or that has been suspended or terminatedfrom the compact, unless otherwise mutually agreed upon in writing betweenthe Interstate Commission and the defaulting state; and
7. The defaulting state may appeal the action of the Interstate Commission bypetitioning the United States District Court for the District of Columbia orthe federal district where the Interstate Commission has its principaloffices. The prevailing party shall be awarded all costs of such litigationincluding reasonable attorney's fees.
C. Dispute resolution.
1. The Interstate Commission shall attempt, upon the request of a memberstate, to resolve disputes that are subject to the compact and that may ariseamong member states and between member and nonmember states.
2. The Interstate Commission shall promulgate a rule providing for mediationfor disputes as appropriate.
Article XIV. Financing of the Interstate Commission.
A. The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization, and ongoingactivities.
B. The Interstate Commission may levy on and collect an annual assessmentfrom each member state to cover the cost of the operations and activities ofthe Interstate Commission and its staff, which must be in a total amountsufficient to cover the Interstate Commission's annual budget as approvedeach year. The aggregate annual assessment amount shall be allocated basedupon a formula to be determined by the Interstate Commission, which shallpromulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior tosecuring the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the member states, except by and withthe authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart 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 enactmentof the compact into law by no less than 10 of the states. Thereafter it shallbecome effective and binding as to any other member state upon enactment ofthe compact into law by that state. The Governors of nonmember states ortheir designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states.
C. The Interstate Commission may propose amendments to the compact forenactment by the member states. No amendment shall become effective andbinding upon the Interstate Commission and the member states unless and untilit 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 bindingupon each and every member state, provided that a member state may withdrawfrom the compact specifically by repealing the statute that enacted thecompact into law.
2. Withdrawal from this compact shall be by the enactment of a statuterepealing the same.
3. The withdrawing state shall immediately notify the chairperson of theInterstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other member states of the withdrawing state's intent towithdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, andliabilities incurred through the effective date of withdrawal, includingobligations the performance of which extends beyond the effective date ofwithdrawal.
5. Reinstatement following withdrawal of a member state shall occur upon thewithdrawing state reenacting the compact or upon such later date asdetermined by the Interstate Commission.
B. Dissolution of compact.
1. This compact shall dissolve effective upon the date of the withdrawal ordefault of the member state that reduces the membership in the compact to onemember state.
2. Upon the dissolution of this compact, the compact becomes null and voidand shall be of no further force or effect and the business and affairs ofthe Interstate Commission shall be concluded and surplus funds shall bedistributed 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 remainingprovisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuateits purposes.
C. Nothing in this compact shall be construed to prohibit the applicabilityof other 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 statethat is not inconsistent with this compact.
2. All member states' laws conflicting with this compact are superseded tothe extent of the conflict.
B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules andbylaws promulgated by the Interstate Commission, are binding upon the memberstates.
2. All agreements between the Interstate Commission and the member states arebinding in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, such provision shallbe ineffective to the extent of the conflict with the constitutionalprovision in question in that member state.
§ 22.1-360. Interstate Compact on Educational Opportunity for MilitaryChildren.
The Interstate Compact on Educational Opportunity for Military Children ishereby enacted into law and entered into with all jurisdictions legallyjoining therein in the form substantially as follows:
Article I. Purpose.
It is the purpose of this compact to remove barriers to educational successimposed on children of military families because of frequent moves anddeployment of their parents by:
A. Facilitating the timely enrollment of children of military families andensuring that they are not placed at a disadvantage due to difficulty in thetransfer of education records from the previous school district(s) orvariations in entrance/age requirements.
B. Facilitating the student placement process through which children ofmilitary families are not disadvantaged by variations in attendancerequirements, scheduling, sequencing, grading, course content, or assessment.
C. Facilitating the qualification and eligibility for enrollment, educationalprograms, and participation in extracurricular academic, athletic, and socialactivities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rulesimplementing the provisions of this compact.
F. Providing for the uniform collection and sharing of information betweenand among member states, schools, and military families under this compact.
G. Promoting coordination between this compact and other compacts affectingmilitary children.
H. Promoting flexibility and cooperation between the educational system,parents, and the student in order to achieve educational success for thestudent.
Article II. Definitions.
As used in this compact, unless the context clearly requires a differentconstruction:
"Active duty" 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. §§ 1209 and 1211.
"Children of military families" means school-aged children, enrolled inkindergarten through 12th grade, in the household of an active duty member.
"Compact commissioner" means the voting representative of each compactingstate appointed pursuant to Article VIII of this compact.
"Deployment" means the period one month prior to the service members'departure from their home station on military orders through six months afterreturn to their home station.
"Educational records" means those official records, files, and datadirectly related to a student and maintained by the school or local educationagency, including but not limited to records encompassing all the materialkept in the student's cumulative folder such as general identifying data,records of attendance and of academic work completed, records of achievementand results of evaluative tests, health data, disciplinary status, testprotocols, and individualized education programs.
"Extracurricular activities" means a voluntary activity sponsored by theschool or local education agency or an organization sanctioned by the localeducation agency. Extracurricular activities include but are not limited topreparation for and involvement in public performances, contests, athleticcompetitions, demonstrations, displays, and club activities.
"Interstate Commission on Educational Opportunity for Military Children"means the commission that is created under Article IX of this compact, whichis generally referred to as the Interstate Commission.
"Local education agency" means a public authority legally constituted bythe state as an administrative agency to provide control of and direction forkindergarten through 12th grade public educational institutions.
"Member state" means a state that has enacted this compact.
"Military installation" means a base, camp, post, station, yard, center,homeport facility for any ship, or other activity under the jurisdiction ofthe Department of Defense, including any leased facility, which is locatedwithin any of the several 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. Such term does not includeany facility used primarily for civil works, rivers and harbors projects, orflood control projects.
"Nonmember state" means a state that has not enacted this compact.
"Receiving state" means the state to which a child of a military family issent, brought, or caused to be sent or brought.
"Rule" means a written statement by the Interstate Commission promulgatedpursuant 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 InterstateCommission and has the force and effect of statutory law in a member state ifapproved by the legislature of the member state.
"Sending state" means the state from which a child of a military family issent, brought, or caused to be sent or brought.
"State" means a state of the United States, the District of Columbia, theCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,the Northern Marianas Islands, and any other U.S. territory.
"Student" means the child of a military family for whom the local educationagency receives public funding and who is formally enrolled in kindergartenthrough 12th grade.
"Transition" means: (i) the formal and physical process of transferringfrom school to school or (ii) the period of time in which a student movesfrom one school in the sending state to another school in the receiving state.
"Uniformed services" means the Army, Navy, Air Force, Marine Corps, CoastGuard, as well as the Commissioned Corps of the National Oceanic andAtmospheric Administration, and Public Health Services.
"Veteran" means a person who served in the active military, naval, or airservice and who was discharged or released there from under conditions otherthan dishonorable.
Article III. Applicability.
A. Except as otherwise provided in subsection B, this compact shall apply tothe 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 orderspursuant to 10 U.S.C. §§ 1209 and 1211;
2. Members or veterans of the uniformed services who are severely injured andmedically discharged or retired for a period of one year after medicaldischarge or retirement; and
3. Members of the uniformed services who die on active duty or as a result ofinjuries sustained on active duty for a period of one year after death.
B. The provisions of this interstate compact shall only apply to localeducation 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 insubsection A;
3. Veterans of the uniformed services, except as provided in subsection A; and
4. Other U.S. Department of Defense personnel and other federal agencycivilian and contract employees not defined as active duty members of theuniformed services.
Article IV. Educational Records and Enrollment.
A. Unofficial or "hand-carried" education records. In the event thatofficial education records cannot be released to the parents for the purposeof transfer, the custodian of the records in the sending state shall prepareand furnish to the parent a complete set of unofficial educational recordscontaining uniform information as determined by the Interstate Commission.Upon receipt of the unofficial education records by a school in the receivingstate, the school shall enroll and appropriately place the student based onthe information provided in the unofficial records pending validation by theofficial records, as quickly as possible.
B. Official education records/transcripts. Simultaneous with the enrollmentand conditional placement of the student, the school in the receiving stateshall request the student's official education records from the school in thesending state. Upon receipt of this request, the school in the sending statewill process and furnish the official education records to the school in thereceiving state within 10 days or within such time as is reasonablydetermined under the rules promulgated by the Interstate Commission.
C. Immunizations. Compacting states shall give 30 days from the date ofenrollment or within such time as is reasonably determined under the rulespromulgated by the Interstate Commission for students to obtain anyimmunization(s) required by the receiving state. For a series ofimmunizations, initial vaccinations must be obtained within 30 days or withinsuch time as is reasonably determined under the rules promulgated by theInterstate Commission.
D. Kindergarten and first grade entrance age. Students shall be allowed tocontinue their enrollment at the grade level in the receiving statecommensurate with their grade level (including kindergarten) from a localeducation agency in the sending state at the time of transition, regardlessof minimum age. A student who has satisfactorily completed the prerequisitegrade level in the local education agency in the sending state shall beeligible for enrollment in the next highest grade level in the receivingstate, regardless of minimum age. A student transferring after the start ofthe school year in the receiving state shall enter the school in thereceiving state on their validated level from a local education agency in thesending state.
Article V. Placement and Attendance.
A. Course placement. When the student transfers before or during the schoolyear, the receiving state school shall initially honor placement of thestudent in educational courses based on the student's enrollment in thesending state school and/or educational assessments conducted at the schoolin the sending state if the courses are offered. Course placement includes,but is not limited to, honors, International Baccalaureate, advancedplacement, vocational, technical, and career pathways courses. Continuing thestudent's academic program from the previous school and promoting placementin academically and career challenging courses should be paramount whenconsidering placement. This does not preclude the school in the receivingstate from performing subsequent evaluations to ensure appropriate placementand continued enrollment of the student in the course(s).
B. Educational program placement. The receiving state school shall initiallyhonor placement of the student in educational programs based on currenteducational assessments conducted at the school in the sending state orparticipation/placement in like programs in the sending state. Such programsinclude, but are not limited to, (i) gifted and talented programs and (ii)English as a second language (ESL) programs. This does not preclude theschool in the receiving state from performing subsequent evaluations toensure appropriate placement of the student.
C. Special education services. In compliance with the federal requirements ofthe Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 etseq., the receiving state shall initially provide comparable services to astudent with disabilities based on his or her current IndividualizedEducation Program (IEP) and in compliance with the requirements of § 504 ofthe Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americanswith Disabilities Act, 42 U.S.C. §§ 12131-12165, and the receiving stateshall make reasonable accommodations and modifications to address the needsof incoming students with disabilities, subject to an existing 504 or TitleII Plan, to provide the student with equal access to education. This does notpreclude the school in the receiving state from performing subsequentevaluations to ensure appropriate placement of the student.
D. Placement flexibility. Local education agency administrative officialsshall have flexibility in waiving course/program prerequisites or otherpreconditions for placement in courses/programs offered under thejurisdiction of the local education agency.
E. Absence as related to deployment activities. A student whose parent orlegal guardian is an active duty member of the uniformed services, as definedby the compact, and has been called to duty for, is on leave from, or hasimmediately returned from deployment to a combat zone or combat supportposting, shall be granted additional excused absences at the discretion ofthe local education agency superintendent to visit with his or her parent orlegal guardian relative to such leave or deployment of the parent or guardian.
Article VI. Eligibility.
A. Eligibility for enrollment.
1. Children of military families shall be eligible for enrollment in thepublic schools of Virginia provided that the documents required by §§22.1-3.1 and 22.1-3.2 are provided and subject to the authority of a localeducation agency to exclude such children from attendance pursuant to §22.1-277.2 or if such children have been found guilty or adjudicateddelinquent for any offense listed in subsection G of § 16.1-260 or anysubstantially similar offense under the laws of any state, the District ofColumbia, or the United States or its territories;
2. Special power of attorney, relative to the guardianship of a child of amilitary family, and executed under Title 10, United States Code, § 1044b,shall be sufficient for the purposes of enrollment and all other actionsrequiring parental participation and consent;
3. A local education agency shall be prohibited from charging local tuitionto a military child placed in the care of a noncustodial parent or otherperson standing in loco parentis who lives in a jurisdiction other than thatof the custodial parent; and
4. A military child, placed in the care of a noncustodial parent or otherperson standing in loco parentis who lives in a jurisdiction other than thatof the custodial parent, may continue to attend the school in which he or shewas enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation. State and local educationagencies shall facilitate the opportunity for military children's inclusionin extracurricular activities, regardless of application deadlines, to theextent they are otherwise qualified.
Article VII. Graduation.
In order to facilitate the on-time graduation of children of militaryfamilies, states and local education agencies shall incorporate the followingprocedures:
A. Waiver requirements. Local education agency administrative officials shallwaive specific courses required for graduation if similar coursework has beensatisfactorily completed in another local education agency or shall providereasonable justification for denial. Should a waiver not be granted to astudent who would qualify to graduate from the sending school, the localeducation agency shall provide an alternative means of acquiring requiredcoursework so that graduation may occur on time.
B. Exit exams. States shall accept: (i) exit or end-of-course exams requiredfor graduation from the sending state, (ii) national norm-referencedachievement tests, or (iii) alternative testing acceptable to the receivingstate, in lieu of testing requirements for graduation in the receiving state.In the event the above alternatives cannot be accommodated by the receivingstate, then the provisions of subsection C of this Article shall apply.Within 12 months of the effective date of this compact, the InterstateCommission shall adopt a rule addressing the acceptance of exit exams.
C. Transfers during senior year. Should a military student transferring inhis or her senior year be ineligible to graduate from the receiving localeducation agency after all alternatives have been considered, the sendinglocal education agency, with the cooperation of the receiving local educationagency, shall ensure the receipt of a diploma from the sending localeducation agency, if the student meets the graduation requirements of thesending local education agency. In the event that one of the states inquestion is not a member of this compact, the member state shall use bestefforts to facilitate the on-time graduation of the student in accordancewith subsections A and B of this Article.
Article VIII. State Coordination.
A. Each member state shall, through the creation of a State Council or use ofan existing body or board, provide for the coordination among its agencies ofgovernment, local education agencies, and military installations concerningthe state's participation in, and compliance with, this compact andInterstate Commission activities. While each member state may determine themembership of its own State Council, its membership must include at least:(i) the state superintendent of education, (ii) the superintendent of aschool district with a high concentration of military children, (iii) onerepresentative from a military installation, and (iv) one representative eachfrom the legislative and executive branches of government, and other officesand stakeholder groups the State Council deems appropriate. A member statethat does not have a school district deemed to contain a high concentrationof military children may appoint a superintendent from another schooldistrict to represent local education agencies on the State Council.
B. Each member state shall employ a military family education liaison toassist military families and the state in facilitating the implementation ofthis compact.
C. The Governor of each member state shall appoint or designate a compactcommissioner responsible for the administration and management of the state'sparticipation in the compact and who is empowered to establish statewidepolicy related to matters governed by this compact.
D. The compact commissioner and the military family education liaisondescribed herein shall be ex officio members of the State Council, unlesseither is already a full voting member of the State Council.
Article IX. Interstate Commission on Educational Opportunity for MilitaryChildren.
The member states hereby create the Interstate Commission on EducationalOpportunity for Military Children. The activities of the InterstateCommission are the formation of public policy and are a discretionary statefunction. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member states and shall haveall the responsibilities, powers, and duties set forth herein and suchadditional powers as may be conferred upon it by a subsequent concurrentaction of the respective legislatures of the member states in accordance withthe terms of this compact.
B. Consist of one Interstate Commission voting representative from eachmember state who shall be that state's compact commissioner and who isempowered to establish statewide policy related to matters governed by thiscompact.
1. Each member state represented at a meeting of the Interstate Commission isentitled to one vote;
2. A majority of the total member states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the bylaws ofthe Interstate Commission;
3. A representative shall not delegate a vote to another member state. In theevent the compact commissioner is unable to attend a meeting of theInterstate Commission, the Governor or State Council may delegate votingauthority to another person from the state for a specified meeting; and
4. The bylaws may provide for meetings of the Interstate Commission to beconducted by telecommunication or electronic communication.
C. Consist of ex officio, nonvoting representatives who are members ofinterested organizations. Such ex officio members, as defined in the bylaws,may include, but not be limited to, members of the representativeorganizations of military family advocates, local education agency officials,parent and teacher groups, the U.S. Department of Defense, the EducationCommission of the States, the Interstate Agreement on the Qualification ofEducational Personnel, and other interstate compacts affecting the educationof children of military members.
D. Meet at least once each calendar year. The chairperson may call additionalmeetings 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 officersof the Interstate Commission and such other members of the InterstateCommission as determined by the bylaws. Members of the executive committeeshall serve a one-year term. Members of the executive committee shall beentitled to one vote each. The executive committee shall have the power toact on behalf of the Interstate Commission, with the exception of rulemaking,during periods when the Interstate Commission is not in session. Theexecutive committee shall oversee the day-to-day activities of theadministration of the compact, including enforcement and compliance with theprovisions of the compact, its bylaws and rules, and other such duties asdeemed necessary. The U.S. Department of Defense shall serve as an exofficio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and proceduresunder which the Interstate Commission shall make its information and officialrecords available to the public for inspection or copying. The InterstateCommission may exempt from disclosure information or official records to theextent they would adversely affect personal privacy rights or proprietaryinterests.
G. Public notice shall be given by the Interstate Commission of all meetings,and all meetings shall be open to the public, except as set forth in therules or as otherwise provided in the compact. The Interstate Commission andits committees may close a meeting, or portion thereof, when it determines bytwo-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practicesand procedures;
2. Disclose matters specifically exempted from disclosure by federal andstate statute;
3. Disclose trade secrets or commercial or financial information that isprivileged or confidential;
4. Involve accusing a person of a crime or formally censuring a person;
5. Disclose information of a personal nature where disclosure wouldconstitute 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 acivil action or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant to the provisionsof subsection G, the Interstate Commission's legal counsel or designee shallcertify that the meeting may be closed and shall reference each relevantexemptible provision. The Interstate Commission shall keep minutes, whichshall fully and clearly describe all matters discussed in a meeting and shallprovide a full and accurate summary of actions taken, and the reasonstherefore, including a description of the views expressed and the record of aroll call vote. All documents considered in connection with an action shallbe identified in such minutes. All minutes and documents of a closed meetingshall remain under seal, subject to release by a majority vote of theInterstate Commission.
I. The Interstate Commission shall collect standardized data concerning theeducational transition of the children of military families under thiscompact as directed through its rules, which shall specify the data to becollected, the means of collection and data exchange, and reportingrequirements. Such methods of data collection, exchange, and reporting shall,in so far as is reasonably possible, conform to current technology andcoordinate its information functions with the appropriate custodian ofrecords as identified in the bylaws and rules.
J. The Interstate Commission shall create a process that permits militaryofficials, education officials, and parents to inform the InterstateCommission if and when there are alleged violations of the compact or itsrules or when issues subject to the jurisdiction of the compact or its rulesare not addressed by the state or local education agency. This section shallnot be construed to create a private right of action against the InterstateCommission, any member state, or any local education agency.
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 havethe force and effect of regulations adopted under the Administrative ProcessAct (§ 2.2-4000 et seq.), and shall be binding in the compact states to theextent and in the manner provided in this compact.
C. To issue, upon request of a member state, advisory opinions concerning themeaning or interpretation of the interstate compact, its bylaws, rules, andactions.
D. To enforce compliance with the compact provisions, the rules promulgatedby the Interstate Commission, and the bylaws, using all necessary and propermeans, including but not limited to the use of judicial process. Any actionto enforce compliance with the compact provisions by the InterstateCommission shall be brought against a member state only.
E. To establish and maintain offices, which shall be located within one ormore 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 anexecutive committee as required by Article IX, subsection E, which shall havethe power to act on behalf of the Interstate Commission in carrying out itspowers and duties hereunder.
I. To elect or appoint such officers, attorneys, employees, agents, orconsultants, and to fix their compensation, define their duties, anddetermine their qualifications and to establish the Interstate Commission'spersonnel policies and programs relating to conflicts of interest, rates ofcompensation, and qualifications of personnel.
J. To accept any and all donations and grants of money, equipment, supplies,materials, and services and to receive, utilize, and dispose of them.
K. To lease, purchase, accept contributions or donations of, or otherwise toown, hold, improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwisedispose 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 theInterstate Commission.
O. To report annually to the legislatures, governors, judiciary, and statecouncils of the member states concerning the activities of the InterstateCommission during the preceding year. Such reports shall also include anyrecommendations that may have been adopted by the Interstate Commission.
P. To coordinate education, training, and public awareness regarding thecompact, its implementation, and operation for officials and parents involvedin such activity.
Q. To establish uniform standards for the reporting, collecting, andexchanging 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 achievethe purposes of this compact.
T. To provide for the uniform collection and sharing of information betweenand 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 andvoting, within 12 months after the first Interstate Commission meeting, adoptbylaws to govern its conduct as may be necessary or appropriate to carry outthe 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 benecessary;
3. Providing for the establishment of committees and for governing anygeneral or specific delegation of authority or function of the InterstateCommission;
4. Providing reasonable procedures for calling and conducting meetings of theInterstate Commission and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers and staff ofthe Interstate Commission;
6. Providing a mechanism for concluding the operations of the InterstateCommission and the return of surplus funds that may exist upon thetermination of the compact after the payment and reserving of all of itsdebts and obligations; and
7. Providing "start-up" rules for initial administration of the compact.
B. The Interstate Commission shall, by a majority of the members, electannually from among its members a chairperson, a vice-chairperson, and atreasurer, each of whom shall have the authority and duties as may bespecified in the bylaws. The chairperson or, in the chairperson's absence ordisability, the vice-chairperson, shall preside at all meetings of theInterstate Commission. The officers so elected shall serve withoutcompensation or remuneration from the Interstate Commission provided that,subject to the availability of budgeted funds, the officers shall bereimbursed for ordinary and necessary costs and expenses incurred by them inthe performance of their responsibilities as officers of the InterstateCommission.
C. Executive Committee, officers, and personnel.
1. The executive committee shall have such authority and duties as may be setforth in the bylaws, including but not limited to: (i) managing the affairsof the Interstate Commission in a manner consistent with the bylaws andpurposes of the Interstate Commission; (ii) overseeing an organizationalstructure within and appropriate procedures for the Interstate Commission toprovide for the creation of rules, operating procedures, and administrativeand technical support functions; and (iii) planning, implementing, andcoordinating communications and activities with other state, federal, andlocal government organizations in order to advance the goals of theInterstate Commission.
2. The executive committee may, subject to the approval of the InterstateCommission, appoint or retain an executive director for such period, uponsuch terms and conditions, and for such compensation as the InterstateCommission may deem appropriate. The executive director shall serve assecretary to the Interstate Commission, but shall not be a member of theInterstate Commission. The executive director shall hire and supervise suchother persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall beimmune from suit and liability, either personally or in their officialcapacity, for a claim for damage to or loss of property or personal injury orother civil liability caused or arising out of or relating to an actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred, within the scope of InterstateCommission employment, duties, or responsibilities, provided that such personshall not be protected from suit or liability for damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of suchperson.
1. The liability of the Interstate Commission's executive director andemployees or the Interstate Commission representatives, acting within thescope of their employment or duties for acts, errors, or omissions occurringwithin such person's state, may not exceed the limits of liability set forthunder the constitution and laws of that state for state officials, employees,and agents. The Interstate Commission is considered to be an instrumentalityof the states for the purposes of any such action. Nothing in this subsectionshall be construed to protect such person from suit or liability for damage,loss, injury, or liability caused by the intentional or willful and wantonmisconduct of such person.
2. The Interstate Commission shall defend the executive director and itsemployees and, subject to the approval of the Attorney General or otherappropriate legal counsel of the member state represented by an InterstateCommission representative, shall defend such Interstate Commissionrepresentative in any civil action seeking to impose liability arising out ofan actual or alleged act, error, or omission that occurred within the scopeof Interstate Commission employment, duties, or responsibilities, or that thedefendant had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, member state, or theInterstate Commission, the representatives or employees of the InterstateCommission shall be held harmless in the amount of a settlement or judgment,including attorney's fees and costs, obtained against such persons arisingout of an actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities, orthat such persons had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities,provided that the actual or alleged act, error, or omission did not resultfrom intentional or willful and wanton misconduct on the part of such persons.
Article XII. Rulemaking Functions of the Interstate Commission.
A. Rulemaking authority. The Interstate Commission shall promulgatereasonable rules in order to effectively and efficiently achieve the purposesof this compact. Notwithstanding the foregoing, in the event the InterstateCommission exercises its rulemaking authority in a manner that is beyond thescope of the purposes of this Act, or the powers granted hereunder, then suchan action by the Interstate Commission shall be invalid and have no force oreffect.
B. Rulemaking procedure. Rules shall be made pursuant to a rulemaking processthat substantially conforms to the "Model State Administrative ProcedureAct," of 1981, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, asmay be appropriate to the operations of the Interstate Commission.
C. Not later than 30 days after a rule is promulgated, any person may file apetition for judicial review of the rule provided that the filing of such apetition shall not stay or otherwise prevent the rule from becoming effectiveunless the court finds that the petitioner has a substantial likelihood ofsuccess. The court shall give deference to the actions of the InterstateCommission consistent with applicable law and shall not find the rule to beunlawful if the rule represents a reasonable exercise of the InterstateCommission's authority.
D. If a majority of the legislatures of the compacting states rejects a ruleby enactment of a statute or resolution in the same manner used to adopt thecompact, then such rule shall have no further force and effect in anycompacting state.
Article XIII. Oversight, Enforcement, and Dispute Resolution.
A. Oversight.
1. The executive, legislative, and judicial branches of state government ineach member state shall enforce this compact and shall take all actionsnecessary and appropriate to effectuate the compact's purposes and intent.The provisions of this compact and the rules promulgated hereunder shall havestanding as regulations adopted under the Administrative Process Act (§2.2-4000 et seq.);
2. All courts shall take judicial notice of the compact and the rules in anyjudicial or administrative proceeding in a member state pertaining to thesubject matter of this compact that may affect the powers, responsibilities,or actions of the Interstate Commission; and
3. The Interstate Commission shall be entitled to receive all service ofprocess in any such proceeding and shall have standing to intervene in theproceeding for all purposes. Failure to provide service of process to theInterstate Commission shall render a judgment or order void as to theInterstate Commission, this compact, or promulgated rules.
B. Default, technical assistance, suspension, and termination.
If the Interstate Commission determines that a member state has defaulted inthe performance of its obligations or responsibilities under this compact, orthe bylaws or promulgated rules, the Interstate Commission shall:
1. Provide written notice to the defaulting state and other member states ofthe nature of the default, the means of curing the default, and any actiontaken by the Interstate Commission. The Interstate Commission shall specifythe conditions by which the defaulting state must cure its default;
2. Provide remedial training and specific technical assistance regarding thedefault;
3. If the defaulting state fails to cure the default, the defaulting stateshall be terminated from the compact upon an affirmative vote of a majorityof the member states, and all rights, privileges, and benefits conferred bythis compact shall be terminated from the effective date of termination. Acure of the default does not relieve the offending state of obligations orliabilities incurred during the period of the default;
4. Suspension or termination of membership in the compact shall be imposedonly after all other means of securing compliance have been exhausted. Noticeof intent to suspend or terminate shall be given by the Interstate Commissionto the Governor, the majority and minority leaders of the defaulting state'slegislature, and each of the member states;
5. The state that has been suspended or terminated is responsible for allassessments, obligations, and liabilities incurred through the effective dateof suspension or termination, including obligations the performance of whichextends beyond the effective date of suspension or termination;
6. The Interstate Commission shall not bear any costs relating to any statethat has been found to be in default or that has been suspended or terminatedfrom the compact, unless otherwise mutually agreed upon in writing betweenthe Interstate Commission and the defaulting state; and
7. The defaulting state may appeal the action of the Interstate Commission bypetitioning the United States District Court for the District of Columbia orthe federal district where the Interstate Commission has its principaloffices. The prevailing party shall be awarded all costs of such litigationincluding reasonable attorney's fees.
C. Dispute resolution.
1. The Interstate Commission shall attempt, upon the request of a memberstate, to resolve disputes that are subject to the compact and that may ariseamong member states and between member and nonmember states.
2. The Interstate Commission shall promulgate a rule providing for mediationfor disputes as appropriate.
Article XIV. Financing of the Interstate Commission.
A. The Interstate Commission shall pay or provide for the payment of thereasonable expenses of its establishment, organization, and ongoingactivities.
B. The Interstate Commission may levy on and collect an annual assessmentfrom each member state to cover the cost of the operations and activities ofthe Interstate Commission and its staff, which must be in a total amountsufficient to cover the Interstate Commission's annual budget as approvedeach year. The aggregate annual assessment amount shall be allocated basedupon a formula to be determined by the Interstate Commission, which shallpromulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior tosecuring the funds adequate to meet the same; nor shall the InterstateCommission pledge the credit of any of the member states, except by and withthe authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commissionshall be subject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by theInterstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart 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 enactmentof the compact into law by no less than 10 of the states. Thereafter it shallbecome effective and binding as to any other member state upon enactment ofthe compact into law by that state. The Governors of nonmember states ortheir designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states.
C. The Interstate Commission may propose amendments to the compact forenactment by the member states. No amendment shall become effective andbinding upon the Interstate Commission and the member states unless and untilit 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 bindingupon each and every member state, provided that a member state may withdrawfrom the compact specifically by repealing the statute that enacted thecompact into law.
2. Withdrawal from this compact shall be by the enactment of a statuterepealing the same.
3. The withdrawing state shall immediately notify the chairperson of theInterstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall notify the other member states of the withdrawing state's intent towithdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, andliabilities incurred through the effective date of withdrawal, includingobligations the performance of which extends beyond the effective date ofwithdrawal.
5. Reinstatement following withdrawal of a member state shall occur upon thewithdrawing state reenacting the compact or upon such later date asdetermined by the Interstate Commission.
B. Dissolution of compact.
1. This compact shall dissolve effective upon the date of the withdrawal ordefault of the member state that reduces the membership in the compact to onemember state.
2. Upon the dissolution of this compact, the compact becomes null and voidand shall be of no further force or effect and the business and affairs ofthe Interstate Commission shall be concluded and surplus funds shall bedistributed 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 remainingprovisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuateits purposes.
C. Nothing in this compact shall be construed to prohibit the applicabilityof other 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 statethat is not inconsistent with this compact.
2. All member states' laws conflicting with this compact are superseded tothe extent of the conflict.
B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules andbylaws promulgated by the Interstate Commission, are binding upon the memberstates.
2. All agreements between the Interstate Commission and the member states arebinding in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, such provision shallbe ineffective to the extent of the conflict with the constitutionalprovision in question in that member state.
