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156.730 Interstate Compact on Educational Opportunity for Military Children.
ARTICLE I
Purpose
It is the purpose of this compact to remove barriers to educational success imposed
on children of military families because of frequent moves and deployment of their
parents by:
A. Facilitating the timely enrollment of children of military families and ensuring
that they are not placed at a disadvantage due to difficulty in the transfer of
education records from the previous school district(s) or variations in
entrance/age requirements;
B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements,
scheduling, sequencing, grading, course content, or assessment;
C. Facilitating the qualification and eligibility for enrollment, educational programs,
and participation in extracurricular academic, athletic, and social activities;
D. Facilitating the on-time graduation of children of military families;
E. Providing for promulgation and enforcement of administrative rules
implementing the provisions of this compact;
F. Providing for the uniform collection and sharing of information between and
among member states, schools, and military families under this compact;
G. Promoting coordination between this compact and other compacts affecting
military children; and
H. Promoting flexibility and cooperation between the educational system, parents,
and students in order to achieve educational success for students.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires a different construction:
A. "Active duty" means full-time duty status in the active uniformed service of the
United States, including members of the National Guard and Reserve on active
duty orders pursuant to 10 U.S.C. secs. 1209 and 1211;
B. "Children of military families" means a school-aged child or children enrolled in
kindergarten through twelfth (12th) grade, in the household of an active duty
member;
C. "Compact commissioner" means the voting representative of each compacting
state appointed pursuant to Article VIII of this compact;
D. "Deployment" means the period of one (1) month prior to a service member's
departure from his or her home station on military orders through six (6)
months after return to the home station;
E. "Educational records" means those official records, files, and data directly
related to a student and maintained by the school or local education agency,
including but not limited to records encompassing all the material kept in the
student's cumulative folder such as general identifying data, records of
attendance and of academic work completed, records of achievement and
results of evaluative tests, health data, disciplinary status, test protocols, and
F.
G.
H.
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individualized education programs;
"Extracurricular activities" means a voluntary activity sponsored by the school
or local education agency or an organization sanctioned by the local education
agency. Extracurricular activities include but are not limited to preparation for
and involvement in public performances, contests, athletics competitions,
demonstrations, displays, and club activities;
"Interstate Commission on Educational Opportunity for Military Children"
means the commission created under Article IX of this compact, which is
generally referred to as "Interstate Commission";
"Local education agency" means a public authority legally constituted by the
state as an administrative agency to provide control of and direction for
kindergarten through twelfth (12th) grade public educational institutions;
"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 of the Department of
Defense, including any leased facility, which is located within any of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and
any other U.S. Territory. Such term does not include any facility used primarily
for civil works, rivers, and harbor projects, or flood control projects;
"Non-member state" means a state that has not enacted this compact;
"Receiving state" means the state to which a child of a military family is sent,
brought, or caused to be sent or brought;
"Rule" means a written statement by the Interstate Commission promulgated
pursuant to Article XII of this compact that is of general applicability,
implements, interprets, or prescribes a policy of the compact, or an
organizational, procedural, or practice requirement of the Interstate
Commission, and has the force and effect of statutory law in a member state,
and includes the amendment, repeal, or suspension of an existing rule;
"Sending state" means the state from which a child of a military family is sent,
brought, or caused to be sent or brought;
"State" means a state of the United States, the District of Columbia, the
Commonwealth 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 education
agency receives public funding and who is formally enrolled in kindergarten
through twelfth (12th) grade;
"Transition" means the formal and physical process of transferring from school
to school or the period of time in which a student moves from one school in the
sending state to another school in the receiving state;
"Uniformed service(s)" means the Army, Navy, Air Force, Marine Corps, and
Coast Guard, as well as the Commissioned Corps of the National Oceanic and
Atmospheric Administration, and Public Health Services; and
"Veteran" means a person who served in the uniformed services and who was
discharged or released therefrom under conditions other than dishonorable.
A.
B.
C.
A.
B.
C.
ARTICLE III
Applicability
Except as otherwise provided in this section, this compact shall apply to the
children of:
1.
Active duty members of the uniformed services as defined in this
compact, including members of the National Guard and Reserve on active
duty orders pursuant to 10 U.S.C. secs. 1209 and 1211;
2.
Members or veterans of the uniformed services who are severely injured
and medically discharged or retired for a period of one (1) year after
medical discharge or retirement; and
3.
Members of the uniformed services who die on active duty or as a result
of injuries sustained on active duty for a period of one (1) year after death.
The provisions of this interstate compact shall only apply to local education
agencies as defined in this compact.
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 for in
this section;
3.
Veterans of the uniformed services, except as provided for in this section;
and
4.
Other U.S. Department of Defense personnel and other federal agency
civilian and contract employees not defined as active duty members of the
uniformed services.
ARTICLE IV
Educational Records and Enrollment
Unofficial or "hand-carried" educational records: In the event that official
educational records cannot be released to the parents for the purpose of
transfer, the custodian of the records in the sending state shall prepare and
furnish to the parent a complete set of unofficial educational records containing
uniform information as determined by the Interstate Commission. Upon receipt
of the unofficial educational records by a school in the receiving state, the
school shall enroll and appropriately place the student based on the
information provided in the unofficial records pending validation by the official
records, as quickly as possible.
Official educational records/transcripts: Simultaneous with the enrollment and
conditional placement of the student, the school in the receiving state shall
request the student's official record from the school in the sending state. Upon
receipt of this request, the school in the sending state will process and furnish
the official educational records to the school in the receiving state within ten
(10) days or within such time as is reasonably determined under the rules
promulgated by the Interstate Commission.
Immunizations: Compacting states shall give thirty (30) days from the date of
enrollment, or within such time as is reasonably determined under the rules
promulgated by the Interstate Commission, for students to obtain any
immunization(s) required by the receiving state. For a series of immunizations,
D.
A.
B.
C.
initial vaccinations must be obtained within thirty (30) days or within such time
as is reasonably determined under the rules promulgated by the Interstate
Commission.
Kindergarten and first grade entrance age: Students shall be allowed to
continue their enrollment at the grade level in the receiving state
commensurate with their grade level (including kindergarten) from a local
education agency in the sending state at the time of transition, regardless of
age. A student that has satisfactorily completed the prerequisite grade level in
the local education agency in the sending state shall be eligible for enrollment
in the next highest grade level in the receiving state, regardless of age. A
student transferring after the start of the school year in the receiving state shall
enter the school in the receiving state on their validated level from an
accredited school in the sending state.
ARTICLE V
Placement and Attendance
Course placement: When the student transfers before or during the school
year, the receiving state shall initially honor placement of the student in
educational courses based on the student's enrollment in the sending state
school and/or educational assessments conducted at the school in the sending
state if the courses are offered. Course placement includes but is not limited to
Honors, International Baccalaureate, Advance Placement, vocational,
technical, and career pathways courses. Continuing the student's academic
program from the previous school and promoting placement in academically
and career challenging courses should be paramount when considering
placement. This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement and
continued enrollment of the student in the course(s).
Educational program placement: The receiving state shall initially honor
placement of the student in educational programs based on current educational
assessments conducted at the school in the sending state or
participation/placement in like programs in the sending state. Such programs
include but are not limited to:
1.
Gifted and talented programs; and
2.
English as a second language (ESL).
This does not preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement of the student.
Special education services:
1.
In compliance with the federal requirements of the Individuals with
Disabilities Education Act (IDEA), 20 U.S.C.A. sec. 1400 et seq, the
receiving state shall initially provide comparable services to a student with
disabilities based on his or her current Individualized Education Program
(IEP); and
2.
In compliance with the requirements of Section 504 of the Rehabilitation
Act, 29 U.S.C.A. sec. 794, and with Title II of the Americans with
Disabilities Act, 42 U.S.C.A. secs. 12131-12165, the receiving state shall
make reasonable accommodations and modifications to address the
needs of incoming students with disabilities, subject to an existing 504 or
Title II Plan, to provide the student with equal access to education. This
does not preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement of the student.
D. Placement flexibility: Local education agency administrative officials shall have
flexibility in waiving course or program prerequisites, or other preconditions for
placement in courses or programs offered under the jurisdiction of the local
education agency.
E. Absence as related to deployment activities: A student whose parent or legal
guardian is an active member of the uniformed services, as defined by this
compact, and has been called to active duty for, is on leave from, or
immediately returned from deployment to a combat zone or combat support
posting, shall be granted additional excused absences at the discretion of the
local education agency superintendent to visit with his or her parent or legal
guardian relative to such leave or deployment of the parent or guardian.
ARTICLE VI
Eligibility
A. Eligibility for enrollment:
1.
Special power of attorney, relative to the guardianship of a child of a
military family and executed under applicable law shall be sufficient for
the purposes of enrollment and all other actions requiring parental
participation and consent;
2.
A local education agency shall be prohibited from charging local tuition to
a transitioning military child placed in the care of a non-custodial parent or
other person standing in loco parentis who lives in the jurisdiction other
than that of the custodial parent; and
3.
A transitioning military child, placed in the care of a non-custodial parent
or other person standing in loco parentis who lives in a jurisdiction other
than that of the custodial parent, may continue to attend the school in
which he or she was enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation: State and local education agencies
shall facilitate the opportunity for transitioning military children's inclusion in
extracurricular activities, regardless of application deadlines, to the extent they
are otherwise qualified.
ARTICLE VII
Graduation
In order to facilitate the on-time graduation of children of military families, state and
local education agencies shall incorporate the following procedures:
A. Waiver requirements: Local education agency administrative officials shall
waive specific courses required for graduation if similar course work has been
satisfactorily completed in another local education agency or shall provide
reasonable justification for denial. Should a waiver not be granted to a student
who would qualify to graduate from the sending school, the local education
agency shall provide alternative means of acquiring required coursework so
that graduation may occur on time.
B.
C.
A.
B.
C.
D.
Exit exams - States shall accept:
1.
Exit or end-of-course exams required for graduation from the sending
state;
2.
National norm-referenced achievement tests; or
3.
Alternative testing, in lieu of testing requirements for graduation in the
receiving state.
In the event the above alternatives cannot be accommodated by the receiving
state for a student transferring in his or her senior year, then the provisions of
Article VII, C shall apply.
Transfers during senior year: Should a military student transferring at the
beginning or during his or her senior year be ineligible to graduate from the
receiving local education agency after all alternatives have been considered,
the sending and receiving local education agencies shall ensure the receipt of
diploma from the sending local education agency if the student meets the
graduation requirements of the sending local education agency. In the event
that one of the states in question is not a member of this compact, the member
state shall use best efforts to facilitate the on-time graduation of the student in
accordance with sections A and B of this Article.
ARTICLE VIII
State Coordination
Each member state shall, through the creation of a State Council or use of an
existing body or board, provide for the coordination among its agencies of
government, local education agencies, and military installations concerning the
state's participation in, and compliance with, this compact and Interstate
Commission activities. While each member state may determine the
membership of its own State Council, its membership must include at least:
1.
The state superintendent of education;
2.
A superintendent of a school district with a high concentration of military
children;
3.
A representative from a military installation; and
4.
One representative each from the legislative and executive branches of
government, and other offices and stakeholder groups the State Council
deems appropriate.
A member state that does not have a school district deemed to contain a high
concentration of military children may appoint a superintendent from another
school district to represent local education agencies on the State Council.
The State Council of each member state shall appoint or designate a military
family education liaison to assist military families and the state in facilitating the
implementation of this compact.
The compact commissioner responsible for the administration and
management of the state's participation in the compact shall be appointed by
the Governor or as otherwise determined by each member state.
The compact commissioner and the military family education liaison
designated herein shall be ex-officio members of the State Council, unless
either is already a voting member of the State Council.
ARTICLE IX
Interstate Commission on Educational Opportunity for Military Children
The member states hereby create the "Interstate Commission on Educational
Opportunity for Military Children." The activities of the Interstate Commission are the
formation of public policy and are a discretionary state function. The Interstate
Commission shall:
A. Be a body corporate and joint agency of the member states and shall have all
the responsibilities, powers, and duties set forth herein, and such additional
powers as may be conferred upon it by a subsequent concurrent action of the
respective legislatures of the member states in accordance with the terms of
this compact.
B. Consist of one Interstate Commission voting representative from each member
state who shall be that state's compact commissioner.
1.
Each member state represented at a meeting of the Interstate
Commission is entitled to a vote.
2.
A majority of the total member states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws
of the Interstate Commission.
3.
A representative shall not delegate a vote to another member state. In the
event the compact commissioner is unable to attend a meeting of the
Interstate Commission, the Governor or State Council may delegate
voting authority to another person from their state for a specified meeting.
4.
The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or electronic communication.
C. Consist of ex-officio, non-voting representatives who are members of
interested organizations. Such ex-officio members, as defined in the bylaws,
may include but not be limited to members of the representative organizations
of military family advocates, local education agency officials, parent and
teacher groups, the U.S. Department of Defense, the Education Commission of
the States, the Interstate Agreement on the Qualification of Educational
Personnel, and other interstate compacts affecting the education of children of
military members.
D. Meet at least once each calendar year. The chairperson may call additional
meetings and, upon the request of a simple majority of the member states,
shall call additional meetings.
E. Establish an executive committee, whose members shall include the officers of
the Interstate Commission and such other members of the Interstate
Commission as determined by the bylaws. Members of the executive
committee shall serve a one (1) year term. Members of the executive
committee shall be entitled to one (1) vote each. The executive committee shall
have the power to act on behalf of the Interstate Commission, with the
exception of rulemaking, during periods when the Interstate Commission is not
in session. The executive committee shall oversee the day-to-day activities of
the administration of the compact including enforcement and compliance with
the provisions of the compact, its bylaws and rules, and other such duties as
deemed necessary. The U.S. Department of Defense shall serve as an
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ex-officio, nonvoting member of the executive committee.
Establish bylaws and rules that provide for conditions and procedures under
which the Interstate Commission shall make its information and official records
available to the public for inspection or copying. The Interstate Commission
may exempt from disclosure information or official records to the extent they
would adversely affect personal privacy rights or proprietary interests.
Give public notice of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The
Interstate Commission and its committees may close a meeting, or portion
thereof, where it determines by two-thirds vote that an open meeting would be
likely to:
1.
Relate solely to the Interstate Commission's internal personnel practices
and procedures;
2.
Disclose matters specifically exempted from disclosure by federal and
state statute;
3.
Disclose trade secrets or commercial or financial information which is
privileged or confidential;
4.
Involve accusing a person of a crime, or formally censuring a person;
5.
Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
6.
Disclose investigative records compiled for law enforcement purposes; or
7.
Specifically relate to the Interstate Commission's participation in a civil
action or other legal proceeding.
Certify, for a meeting or portion of a meeting closed pursuant to this provision,
by the Interstate Commission's legal counsel or designee, that the meeting
may be closed and in so doing reference each relevant exemptible provision.
The Interstate Commission shall keep minutes which shall fully and clearly
describe all matters discussed in a meeting and shall provide a full and
accurate summary of actions taken, and the reasons therefore, including a
description of the views expressed and the record of a roll call vote. All
documents considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain under
seal, subject to release by a majority vote or the Interstate Commission.
Collect standardized data concerning the educational transition of the children
of military families under this compact as directed through its rules which shall
specify the data to be collected, the means of collection, and data exchange
and reporting requirements. Such methods of data collection, exchange, and
reporting shall, in so far as is reasonably possible, conform to current
technology and coordinate its information functions with the appropriate
custodian of records as identified in the bylaws and rules.
Create a process that permits military officials, education officials, and parents
to inform the Interstate Commission if and when there are alleged violations of
the compact or its rules or when issues subject to the jurisdiction of the
compact or its rules are not addressed by the state or local education agency.
This subsection shall not be construed to create a private right of action against
the Interstate Commission or any member state.
ARTICLE X
Powers and Duties of the Interstate Commission
The Interstate Commission shall have the following powers:
A. To provide for dispute resolution among member states;
B. To promulgate rules and take all necessary actions to effect the goals,
purposes, and obligations as enumerated in this compact. The rules shall have
the force and effect of statutory law and shall be binding in the compact states
to the extent and in the manner provided in this compact;
C. To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules, and
actions;
D. To enforce compliance with the compact provisions, the rules promulgated by
the Interstate Commission, and the bylaws, using all necessary and proper
means, including but not limited to the use of judicial process;
E. To establish and maintain offices which shall be located within one or more of
the member states;
F. To purchase and maintain insurance and bonds;
G. To borrow, accept, hire, or contract for services of personnel;
H. To establish and appoint committees including but not limited to an executive
committee as required by Article IX, Section E, which shall have the power to
act on behalf of the Interstate Commission in carrying out its powers and duties
hereunder;
I.
To elect or appoint such officers, attorneys, employees, agents, or consultants
and to fix their compensation, define their duties and determine their
qualifications to establish the Interstate Commission's personnel policies and
programs relating to conflicts of interest, rates of compensation, and
qualifications of personnel;
J.
To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of them;
K. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property, whether real, personal, or mixed;
L.
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, whether real, personal, or mixed;
M. To establish a budget and make expenditures;
N. To adopt a seal and bylaws governing the management and operation of the
Interstate Commission;
O. To report annually to the legislatures, governors, judiciary, and state councils
of the member states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any
recommendations that may have been adopted by the Interstate Commission;
P. To coordinate education, training and public awareness regarding the compact,
its implementation, and operation for officials and parents involved in such
activity;
Q. To establish uniform standards for the reporting, collecting, and exchanging of
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B.
C.
data;
To maintain corporate books and records in accordance with the bylaws;
To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact; and
To provide for the uniform collection and sharing of information between and
among member states, schools, and military families under this compact.
ARTICLE XI
Organization and Operation of the Interstate Commission
The Interstate Commission shall, by a majority of the members present and
voting, within twelve (12) months after the first Interstate Commission meeting,
adopt bylaws to govern its conduct as may be necessary or appropriate to
carry out the purposes of the compact, including but not limited to:
1.
Establishing the fiscal year of the Interstate Commission;
2.
Establishing an executive committee and such other committees as may
be necessary;
3.
Providing for the establishment of committees and for governing any
general or specific delegation of authority or function of the Interstate
Commission;
4.
Providing reasonable procedures for calling and conducting meetings of
the Interstate Commission and ensuring reasonable notice of each such
meeting;
5.
Establishing the titles and responsibilities of the offices and staff of the
Interstate Commission;
6.
Providing a mechanism for concluding the operations of the Interstate
Commission and the return of surplus funds that may exist upon the
termination of the compact after the payment and reserving of all of its
debts and obligations; and
7.
Providing "start up" rules for initial administration of the compact.
The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chairperson, a vice-chairperson, and a treasurer,
each of whom shall have such authority and duties as may be specified in the
bylaws. The chairperson, or in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the Interstate Commission.
The officers so elected shall serve without compensation or remuneration from
the Interstate Commission; provided that, subject to the availability of budgeted
funds, the officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their responsibilities as
officers of the Interstate Commission.
Executive Committee, Officers, and Personnel:
1.
The executive committee shall have authority and duties as may be set
forth in the bylaws, including but not limited to:
a.
Managing the affairs of the Interstate Commission in a manner
consistent with the bylaws and purposes of the Interstate
Commission;
b.
D.
Overseeing an organizational structure within, and appropriate
procedures for, the Interstate Commission to provide for the creation
of rules, operating procedures, and administrative and technical
support functions; and
c.
Planning, implementing, and coordinating communications and
activities with other state, federal, and local government
organizations in order to advance the goals of the Interstate
Commission.
2.
The executive committee may, subject to the approval of the Interstate
Commission, appoint or retain an executive director for such period, upon
such terms and conditions, and for such compensation, as the Interstate
Commission may deem appropriate. The executive director shall serve as
secretary to the Interstate Commission, but shall not be a member of the
Interstate Commission. The executive director shall hire and supervise
such other persons as may be authorized by the Interstate Commission.
The Interstate Commission's executive director and its employees shall be
immune from suit and liability, either personally or in their official capacity, for a
claim for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis for
believing occurred, within the scope of Interstate Commission employment,
duties, or responsibilities; provided, that such person shall not be protected
from suit or liability for damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of such person.
1.
The liability of the Interstate Commission's executive director and
employees or Interstate Commission representatives, acting within the
scope of such person's employment or duties for acts, errors, or
omissions occurring within such person's state may not exceed the limits
of liability set forth under the constitution and laws of that state for state
officials, employees, and agents. The Interstate Commission is
considered to be an instrumentality of the states for the purposes of any
such action. Nothing in this subsection shall be construed to protect such
person from suit or liability for damage, loss, injury, or liability caused by
intentional or willful and wanton misconduct of such person.
2.
The Interstate Commission shall defend the executive director and its
employees and, subject to the approval of the Attorney General or other
appropriate legal counsel of the member state represented by an
Interstate Commission representative, shall defend such Interstate
Commission representative in any civil action seeking to impose liability
arising out of an actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis for believing
occurred within the scope of the Interstate Commission employment,
duties, or responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton misconduct
on the part of such persons.
3.
To the extent not covered by the state involved, member state, or the
A.
B.
C.
D.
A.
Interstate Commission, the representatives or employees of the Interstate
Commission shall be held harmless in the amount of a settlement or
judgment, including attorney's fees and costs, obtained against such
persons arising out of an actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties,
or responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
ARTICLE XII
Rulemaking Functions of the Interstate Commission
Rulemaking Authority: The Interstate Commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the purposes of this
compact. Notwithstanding the foregoing, in the event the Interstate
Commission exercises its rulemaking authority in a manner that is beyond the
scope of the purposes of this Act, or the powers granted hereunder, then such
an action by the Interstate Commission shall be invalid and have no force or
effect.
Rulemaking Procedure: Rules shall be made pursuant to a rulemaking process
that substantially conforms to the "Model State Administrative Procedure Act,"
of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be
appropriate to the operations of the Interstate Commission.
Not later than thirty (30) days after a rule is promulgated, any person may file a
petition for judicial review of the rule; provided, that the filing of such a petition
shall not stay or otherwise prevent the rule from becoming effective unless the
court finds that the petitioner has a substantial likelihood of success. The court
shall give deference to the actions of the Interstate Commission consistent with
applicable law and shall not find the rule to be unlawful if the rule represents a
reasonable exercise of the Interstate Commission's authority.
If a majority of the legislatures of the compacting states rejects a Rule by
enactment of a statute or resolution in the same manner used to adopt the
compact, then such rule shall have no further force and effect in any
compacting state.
ARTICLE XIII
Oversight, Enforcement, and Dispute Resolution
Oversight:
1.
The executive, legislative, and judicial branches of state government in
each member state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact's purposes and
intent. The provisions of this compact and the rules promulgated
hereunder shall have standing as statutory law.
2.
All courts shall take judicial notice of the compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the
subject matter of this compact which may effect the powers,
responsibilities, or actions of the Interstate Commission.
3.
B.
C.
The Interstate Commission shall be entitled to receive all service of
process in any such proceeding, and shall have standing to intervene in
the proceeding for all purposes. Failure to provide service of process to
the Interstate Commission shall render a judgment or order void as to the
Interstate Commission, this compact, or promulgated rules.
Default, Technical Assistance, Suspension, and Termination - If the Interstate
Commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this compact, the bylaws, or
promulgated rules, the Interstate Commission shall:
1.
Provide written notice to the defaulting state and other member states of
the nature of default, the means of curing the default, and any action
taken by the Interstate Commission. The Interstate Commission shall
specify the conditions by which the defaulting state must cure its default;
and
2.
Provide remedial training and specific technical assistance regarding the
default.
3.
If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority of the
member states and all rights, privileges, and benefits conferred by this
compact shall be terminated from the effective date of termination. A cure
of the default does not relieve the offending state of obligations or
liabilities incurred during the period of default.
4.
Suspension or termination of membership in the compact shall be
imposed only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given by the
Interstate Commission to the Governor, the majority and minority leaders
of the defaulting state's legislature, and each of the member states.
5.
The state which has been suspended or terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective
date of suspension or termination, including obligations the performance
of which extends beyond the effective date of suspension or termination.
6.
The Interstate Commission shall not bear any costs relating to any state
that has been found to be in default or which has been suspended or
terminated from the compact unless otherwise mutually agreed upon in
writing between the Interstate Commission and the defaulting state.
7.
The defaulting state may appeal the action of the Interstate Commission
by petitioning the U.S. District Court for the District of Columbia or the
federal district where the Interstate Commission has its principal offices.
The prevailing party shall be awarded all costs of such litigation, including
reasonable attorney's fees.
Dispute Resolution:
1.
The Interstate Commission shall attempt, upon the request of a member
state, to resolve disputes which are subject to the compact and which
may arise among member states and between member and non-member
states.
2.
The Interstate Commission shall promulgate a rule providing for both
D.
A.
B.
C.
D.
A.
B.
mediation and binding dispute resolution for disputes as appropriate.
Enforcement:
1.
The Interstate Commission, in the reasonable exercise of its discretion,
shall enforce the provisions and rules of this compact.
2.
The Interstate Commission may by majority vote of the members initiate
legal action in the United States District Court for the District of Columbia
or, at the discretion of the Interstate Commission, in the federal district
where the Interstate Commission has its principal offices, to enforce
compliance with the provisions of the compact, its promulgated rules, and
bylaws against a member state in default. The relief sought may include
both injunctive relief and damages. In the event judicial enforcement is
necessary the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.
3.
The remedies herein shall not be the exclusive remedies of the Interstate
Commission. The Interstate Commission may avail itself of any other
remedies available under state law or the regulation of a profession.
ARTICLE XIV
Financing of the Interstate Commission
The Interstate Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing activities.
The Interstate Commission may levy on and collect an annual assessment
from each member state to cover the cost of the operations and activities of the
Interstate Commission and its staff, which must be in a total amount sufficient
to cover the Interstate Commission's annual budget as approved each year.
The aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, which shall promulgate
a rule binding upon all member states.
The Interstate Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the Interstate
Commission pledge the credit of any of the member states except by and with
the authority of the member state.
The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission
shall be subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Interstate Commission shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become part of
the annual report of the Interstate Commission.
ARTICLE XV
Member States, Effective Date, and Amendment
Any state is eligible to become a member state.
The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than ten (10) of the states. The effective date
shall be no earlier than December 1, 2007. Thereafter it shall become effective
and binding as to any other member state upon enactment of the compact into
C.
A.
B.
A.
B.
law by that state. The governors of non-member states or their designees shall
be invited to participate in the activities of the Interstate Commission on a
non-voting basis prior to adoption of the compact by all states.
The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and
binding upon the Interstate Commission and the member states unless and
until it is enacted into law by unanimous consent of the member states.
ARTICLE XVI
Withdrawal and Dissolution
Withdrawal:
1.
Once effective, the compact shall continue in force and remain binding
upon each and every member state, provided that a member state may
withdraw from the compact by specifically repealing the statute which
enacted the compact into law.
2.
Withdrawal from this compact shall be by the enactment of a statute
repealing the same, but shall not take effect until one (1) year after the
effective date of such statute and until written notice of the withdrawal has
been given by the withdrawing state to the Governor of each other
member state jurisdiction.
3.
The withdrawing state shall immediately notify the chairperson of the
Interstate Commission in writing upon the introduction of legislation
repealing this compact in the withdrawing state. The Interstate
Commission shall notify the other member states of the withdrawing
state's intent to withdraw within sixty (60) days of its receipt thereof.
4.
The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal, including
obligations the performance of which extends beyond the effective date of
withdrawal.
5.
Reinstatement following withdrawal of a member state shall occur upon
the withdrawing state reenacting the compact or upon such later date as
determined by the Interstate Commission.
Dissolution of Compact:
1.
This compact shall dissolve effective upon the date of the withdrawal or
default of the member state which reduces the membership in the
compact to one (1) member state.
2.
Upon the dissolution of this compact, the compact becomes null and void
and shall be of no further force or effect, and the business and affairs of
the Interstate Commission shall be concluded and surplus funds shall be
distributed in accordance with the bylaws.
ARTICLE XVII
Severability and Construction
The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of
the compact shall be enforceable.
The provisions of this compact shall be liberally construed to effectuate its
C.
A.
B.
purposes.
Nothing in this compact shall be construed to prohibit the applicability of other
interstate compacts to which the states are members.
ARTICLE XVIII
Binding Effect of Compact and Other Laws
Other Laws:
1.
Nothing herein prevents the enforcement of any other law of a member
state that is not inconsistent with this compact.
2.
All member states' laws conflicting with this compact are superseded to
the extent of the conflict.
Binding Effect of the Compact:
1.
All lawful actions of the Interstate Commission, including all rules and
bylaws promulgated by the Interstate Commission, are binding upon the
member states.
2.
All agreements between the Interstate Commission and the member
states are binding in accordance with their terms.
3.
In the event any provision of this compact exceeds the constitutional
limits imposed on the legislature of any member state, such provision
shall be ineffective to the extent of the conflict with the constitutional
provision in question in that member state.
Effective:July 15, 2008
History: Created 2008 Ky. Acts ch. 61, sec. 1, effective July 15, 2008.
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