2016 North Dakota Century Code Title 15.1 Elementary and Secondary Education Chapter 15.1-04.1 Compact on Educational Opportunity for Military Children
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CHAPTER 15.1-04.1
COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
15.1-04.1-01. Compact on educational opportunity for military children.
The compact on educational opportunity for military children is entered with all jurisdictions
legally joining therein, in the form substantially as follows:
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:
1. 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 educational records
from a sending to a receiving school district or variations in entrance or age
requirements;
2. Facilitating the student placement process to ensure that children of military families
are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content, or assessment;
3. Facilitating the qualification and eligibility of children of military families for enrollment,
educational programs, and participation in extracurricular academic, athletic, and
social activities;
4. Facilitating the on-time graduation of children of military families;
5. Providing for the promulgation and enforcement of administrative rules implementing
this compact;
6. Providing for the uniform collection and sharing of information among member states,
school districts, and military families under this compact;
7. Promoting coordination between this compact and other compacts affecting the
children of military families; and
8. Promoting flexibility and cooperation between the educational system, parents, and
the student in order to achieve educational success for the children of military families.
ARTICLE II - DEFINITIONS
As used in this compact, unless the context otherwise requires:
1. "Active duty" means full-time duty status in the active uniformed services of the United
States, including members of the national guard and reserve on active duty orders
pursuant to 10 U.S.C. 1209 and 1211.
2. "Children of military families" means school-aged children, enrolled in kindergarten
through grade twelve, in the household of an active duty member.
3. "Commission" means the commission that is created under article IX of this compact.
4. "Compact commissioner" means the voting representative of each compacting state
appointed pursuant to article VIII of this compact.
5. "Deployment" means the period one month before the service member's departure
from the home station on military orders through six months after return to the home
station.
6. "Educational records" means official records, files, and data directly related to a
student and maintained by the student's school or school district, including records
encompassing all the material kept in the student's cumulative folder such as general
identifying data, records of attendance and of academic work completed, records of
achievement and results of evaluative tests, health data, disciplinary status, test
protocols, and individualized education programs.
7. "Extracurricular activities" means a voluntary activity sponsored by the school or
school district or an organization sanctioned by the school district, including
preparation for involvement in public performances, contests, athletic competitions,
demonstrations, displays, and club activities.
8. "Member state" means a state that has enacted this compact.
9. "Military installation" means a base, camp, post, station, yard, center, homeport facility
for any ship, or other facility under the jurisdiction of the department of defense,
including any leased facility that is located within a state. The term does not include
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any facility used primarily for civil works, rivers and harbors projects, or flood 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 is sent, brought,
or caused to be sent or brought.
"Rule" means a written statement by the commission promulgated pursuant to
article XII of this compact which:
a. Is of general applicability;
b. Implements, interprets, or prescribes a policy or provision of the compact;
c. Is an organizational, procedural, or practice requirement of the commission;
d. Has the force and effect of law in a member state; and
e. 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 United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Islands, and any other United States territory.
"Student" means the child of a military family who is formally enrolled in kindergarten
through grade twelve and for whom a school district receives public funding.
"Transition" means:
a. The formal and physical process of transferring from one school to another; or
b. The period of time during which a student moves from one school in the sending
state to another school in the receiving state.
"Uniformed services" means the army, navy, air force, marine corps, and coast guard,
and the commissioned corps of the national oceanic and atmospheric administration
and public health services.
"Veteran" means an individual who served in the uniformed services and who was
discharged or released therefrom under conditions other than dishonorable.
ARTICLE III - APPLICABILITY
Except as otherwise provided in subsection 2, this compact applies to the children of:
a. 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. 1209 and 1211;
b. Members or veterans of the uniformed services who are severely injured and
medically discharged or retired for a period of one year after medical discharge or
retirement; and
c. 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 year after the member's
death.
This compact only applies to school districts as defined in this compact.
This compact does not apply to the children of:
a. Inactive members of the national guard and military reserves;
b. Members of the uniformed services now retired, except as provided in
subsection 1;
c. Veterans of the uniformed services, except as provided in subsection 1; and
d. Other United States 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
If 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 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.
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Simultaneous with the enrollment and conditional placement of the student, the school
in the receiving state shall request the student's official educational records from the
school in the sending state. Upon receipt of this request, the school in the sending
state shall process and furnish the official educational records to the school in the
receiving state within ten days or within the time determined to be reasonable under
the rules promulgated by the commission.
Compacting states shall give thirty days from the date of enrollment, or the time
determined to be reasonable under the rules promulgated by the commission, for
students to obtain any immunization required by the receiving state. For a series of
immunizations, initial vaccinations must be obtained within thirty days or within the
time determined to be reasonable under the rules promulgated by the commission.
Students must be allowed to continue their enrollment at grade level in the receiving
state commensurate with their grade level in the sending state at the time of transition,
regardless of age. A student who satisfactorily has completed the prerequisite grade
level in the sending state is 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
calendar in the receiving state shall enter the school in the receiving state on the
validated level from the school in the sending state.
ARTICLE V - PLACEMENT AND ATTENDANCE
When a student transfers before or during the regular school calendar, the receiving
state school shall initially honor placement of the student in educational courses based
on the student's enrollment in the sending school or educational assessments
conducted at the school in the sending state, if the courses are offered. Course
placement includes honors, international baccalaureate, advanced placement, and
career and technical education courses. Continuing the student's academic program
from the sending school and promoting placement in 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.
a. The receiving school initially shall honor placement of the student in educational
programs based on current educational assessments conducted at the sending
school or based on placement in like programs in the sending school. Such
programs include gifted and talented programs and English language learner
programs. This does not preclude the receiving school from performing
subsequent evaluations to ensure appropriate placement of the student.
b. This subsection does not require a school district to create programs or offer
services that were not in place before the enrollment of the student unless the
programs or services are required by federal law.
a. In compliance with the Individuals With Disabilities Education Act [20 U.S.C. 1400
et seq.], the receiving school initially shall provide comparable services to a
student with disabilities based on the student's current individualized education
program; and
b. In compliance with the requirements of section 504 of the Rehabilitation Act
[29 U.S.C. 794] and with the Americans with Disabilities Act [42 U.S.C. 12131
et seq.], the receiving school 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 receiving school from performing
subsequent evaluations to ensure appropriate placement of the student.
School district administrators have flexibility in waiving course or program
prerequisites and other preconditions for placement in courses or programs offered by
the district.
A student whose parent or legal guardian is an active duty member of the uniformed
services and has been called to duty for, is on leave from, or has immediately returned
from deployment to a combat zone or a combat support posting must be granted
additional excused absences by the school district superintendent to visit with the
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student's parent or legal guardian relative to the leave or deployment of the parent or
guardian.
ARTICLE VI - ELIGIBILITY
1. Eligibility for enrollment:
a. A special power of attorney, relative to the guardianship of a child of a military
family and executed under applicable law is sufficient for the purposes of
enrollment and all other actions requiring parental participation and consent.
b. A school district may not charge tuition to a transitioning military child placed in
the care of a noncustodial parent or other individual standing in loco parentis who
lives in a school district other than that of the custodial parent.
c. A transitioning military child, placed in the care of a noncustodial parent or other
person standing in loco parentis who lives in a school district other than that of
the custodial parent, may continue to attend the school in which the child was
enrolled while residing with the custodial parent.
2. The superintendent of public instruction, school districts, and the North Dakota high
school activities association 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
To facilitate the on-time graduation of children of military families, the superintendent of
public instruction and school district administrators shall incorporate the following procedures:
1. School district administrators shall waive specific courses required for graduation if
similar coursework has been satisfactorily completed in another school district 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 receiving school district
shall provide an alternative means of acquiring required coursework so that graduation
may occur on time.
2. States must accept exit or end-of-course examinations required for graduation from
the sending state, national norm-referenced achievement tests, or alternative testing in
lieu of testing requirements for graduation in the receiving state. If these alternatives
cannot be accommodated by the receiving state for a student transferring in the
student's senior year, then subsection 3 applies.
3. Should a military student transferring at the beginning or during the student's senior
year be ineligible to graduate from the receiving school district after all alternatives
have been considered, the sending and receiving school districts shall ensure the
receipt of a diploma from the sending school district if the student meets the
graduation requirements of the sending school district. If 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 subsections 1 and 2.
ARTICLE VIII - STATE COORDINATION
1. Each member state, through the creation of a state council or use of an existing entity,
shall provide for the coordination among its state agencies, school districts, and
military installations concerning the state's participation in, and compliance with, this
compact and commission activities. While each member state may determine the
membership of its own state council, its membership must include at least the
superintendent of public instruction, a gubernatorial appointee who is the
superintendent of a school district with a high concentration of military children, a
representative from a military installation, one member of the legislative assembly
appointed by the chairman of the legislative management, a gubernatorial appointee
who represents the executive branch of government, and any other individuals or
group representatives that the state council determines appropriate. A member state
that does not have a school district determined to contain a high concentration of
military children may appoint a superintendent from another school district to represent
school districts on the state council.
2. 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
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implementation of this compact; provided, however, in North Dakota, the appointment
shall be made by the adjutant general of the national guard.
The compact commissioner responsible for the administration and management of the
state's participation in the compact must be appointed by the governor or as otherwise
determined by each member state.
The compact commissioner and the military family education liaison are ex officio
members of the state council, unless either is already a full voting member of the state
council.
ARTICLE IX - INTERSTATE COMMISSION ON
EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
The interstate commission on educational opportunity for military children is created.
The activities of the commission are the formation of public policy and are a
discretionary state function.
The commission is a body corporate and joint agency of the member states and has
all the responsibilities, powers, and duties set forth herein, and any additional powers
as may be conferred upon it by a subsequent concurrent action of the respective
legislatures of member states in accordance with the terms of this compact.
The commission consists of one commission voting representative from each member
state who must be that state's compact commissioner.
a. Each member state represented at a meeting of the commission is entitled to one
vote.
b. A majority of the total member states constitutes a quorum for the transaction of
business unless a larger quorum is required by the bylaws of the commission.
c. A representative may not delegate a vote to another member state. If the
compact commissioner is unable to attend a meeting of the commission, the
governor or state council may delegate voting authority to another person from
the state for a specified meeting.
d. The bylaws may provide for meetings of the commission to be conducted by
telecommunications or electronic communication.
The commission consists of ex officio, nonvoting representatives who are members of
interested organizations. Ex officio members, as defined in the bylaws, may include
members of the representative organizations of military family advocates, school
district officials, parent and teacher groups, the 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.
The commission shall meet at least once each calendar year. The chairman may call
additional meetings and, upon the request of a majority of the member states, shall
call additional meetings.
The commission shall establish an executive committee, whose members must
include the officers of the commission and any other members of the commission as
determined by the bylaws. Members of the executive committee shall serve a one-year
term. Members of the executive committee are entitled to one vote each. The
executive committee may act on behalf of the commission, with the exception of
rulemaking, during periods when the 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 compact, its bylaws and rules, and
other such duties as determined necessary. The department of defense is an ex officio
nonvoting member of the executive committee.
The commission shall establish bylaws and rules that provide for conditions and
procedures under which the commission shall make its information and official records
available to the public for inspection or copying. The commission may exempt from
disclosure information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
The commission shall 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.
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The commission and its committees may close a meeting, or portion thereof, when it
determines by two-thirds vote that an open meeting would be likely to:
a. Relate solely to the commission's internal personnel practices and procedures;
b. Disclose matters specifically exempted from disclosure by federal and state
statute;
c. Disclose trade secrets or commercial or financial information that is privileged or
confidential;
d. Involve accusing a person of a crime or formally censuring a person;
e. Disclose information of a personal nature when disclosure would constitute a
clearly unwarranted invasion of personal privacy;
f. Disclose investigative records compiled for law enforcement purposes; or
g. Specifically relate to the commission's participation in a civil action or other legal
proceeding.
10. The commission shall cause its legal counsel or designee to certify that a meeting may
be closed and shall reference each relevant exemptible provision for any meeting, or
portion of a meeting, which is closed pursuant to this provision. The commission shall
keep minutes that 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 must be identified in the minutes.
All minutes and documents of a closed meeting must remain under seal, subject to
release by a majority vote of the commission.
11. The commission shall collect standardized data concerning the educational transition
of the children of military families under this compact as directed through its rules,
which shall specify the data to be collected, the means of collection, and data
exchange and reporting requirements. The methods of data collection, exchange, and
reporting, insofar as is reasonably possible, must conform to current technology and
coordinate its information functions with the appropriate custodian of records as
identified in the bylaws and rules.
12. The commission shall create a process that permits military officials, education
officials, and parents to inform the 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
does not create a private right of action against the commission, any member state, or
any school district.
ARTICLE X - POWERS AND DUTIES OF THE COMMISSION
The commission may:
1. Provide for dispute resolution among member states;
2. Adopt rules that have the force and effect of law and are binding in the compact states
to the extent and in the manner provided in this compact and take all necessary
actions to effect the goals, purposes, and obligations as enumerated in this compact;
3. Issue, upon request of a member state, advisory opinions concerning the meaning or
interpretation of the interstate compact, its bylaws, rules, and actions;
4. Monitor compliance with the compact provisions, the rules adopted by the commission,
and the bylaws;
5. Establish and maintain offices within one or more of the member states;
6. Purchase and maintain insurance and bonds;
7. Borrow, accept, hire, or contract for services of personnel;
8. Establish and appoint committees, including an executive committee as required by
article IX, which may act on behalf of the commission in carrying out its powers and
duties;
9. Elect or appoint officers, attorneys, employees, agents, and consultants and fix their
compensation; define their duties; determine their qualifications; and establish the
commission's personnel policies and programs relating to conflicts of interest, rates of
compensation, and qualifications of personnel;
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Accept, receive, use, and dispose of donations and grants of money, equipment,
supplies, materials, and services;
Lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed;
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property;
Establish a budget and make expenditures;
Adopt a seal and bylaws governing the management and operation of the commission;
Report annually to the legislatures, governors, judiciary, and state councils of the
member states concerning the activities of the commission during the preceding year
and include any recommendations that were adopted by the commission;
Coordinate education, training, and public awareness regarding the compact, its
implementation, and operation for officials and parents involved in such activity;
Establish uniform standards for the reporting, collecting, and exchanging of data;
Maintain corporate books and records in accordance with the bylaws;
Perform such functions as may be necessary or appropriate to achieve the purpose of
this compact; and
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 COMMISSION
The commission, by a majority of the members present and voting, within twelve
months after the first commission meeting, shall adopt bylaws to govern its conduct as
may be necessary or appropriate to carry out the purposes of the compact, including:
a. Establishing the fiscal year of the commission;
b. Establishing an executive committee and such other committees as may be
necessary;
c. Providing for the establishment of committees and for governing any general or
specific delegation of authority or function of the commission;
d. Providing reasonable procedures for calling and conducting meetings of the
commission and ensuring reasonable notice of each meeting;
e. Establishing the titles and responsibilities of the officers and staff of the
commission;
f. Providing a mechanism for concluding the operations of the commission and the
return of surplus funds that may exist upon the termination of the compact after
the payment and reserving of all its debts and obligations; and
g. Providing startup rules for initial administration of the compact.
The commission, by a majority of the members, shall elect annually from among its
members a chairman, a vice chairman, and a treasurer, each of whom has the
authority and duties specified in the bylaws. The chairman or, in the chairman's
absence or disability, the vice chairman shall preside at all meetings of the
commission. The officers so elected serve without compensation or remuneration from
the commission; provided that, subject to the availability of budgeted funds, the officers
are entitled to be reimbursed for ordinary and necessary costs and expenses incurred
by them in the performance of their responsibilities as officers of the commission.
a. The executive committee has the authority and duties set forth in the bylaws,
including:
(1) Managing the affairs of the commission in a manner consistent with the
bylaws and purposes of the commission;
(2) Overseeing an organizational structure and appropriate procedures for the
commission to provide for the creation of rules, operating procedures, and
administrative and technical support functions; and
(3) Planning, implementing, and coordinating communications and activities
with other state, federal, and local government organizations in order to
advance the goals of the commission.
b. The executive committee, subject to the approval of the commission, may appoint
or retain an executive director for such period, upon such terms and conditions,
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and for such compensation as the commission determines appropriate. The
executive director shall serve as secretary to the commission but may not be a
member of the commission. The executive director shall hire and supervise such
other persons as may be authorized by the commission.
The commission's executive director and its employees are 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 commission employment,
duties, or responsibilities; provided, those individuals are not protected from suit or
liability for damage, loss, injury, or liability caused by their intentional or willful and
wanton misconduct.
a. The liability of the commission's executive director and employees or commission
representatives, acting within the scope of that individual's employment or duties
for acts, errors, or omissions occurring within that individual'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 commission is considered to be an
instrumentality of the states for the purposes of any such action. This subsection
does not protect an individual from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of the
individual.
b. The 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 a commission representative, shall defend a
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
commission employment, duties, or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of 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 the individual.
c. To the extent not covered by the state involved, member state, or the
commission, the representatives or employees of the commission must be held
harmless in the amount of a settlement or judgment, including attorney's fees and
costs, obtained against the individuals arising out of an actual or alleged act,
error, or omission that occurred within the scope of commission employment,
duties, or responsibilities, or that those individuals had a reasonable basis for
believing occurred within the scope of 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 those
individuals.
ARTICLE XII - RULEMAKING FUNCTIONS OF THE COMMISSION
The commission shall adopt reasonable rules in order to effectively and efficiently
achieve the purposes of this compact. If the commission exercises its rulemaking
authority in a manner that is beyond the scope of the purposes of this compact, or the
powers granted by this compact, then such an action by the commission is invalid and
has no force or effect.
Rules must be made pursuant to a rulemaking process that substantially conforms to
the Model State Administrative Procedure Act of the national conference of
commissioners on uniform state laws, as may be appropriate to the operations of the
commission.
Within thirty days after a rule is adopted, any person may file a petition for judicial
review of the rule; provided, that the filing of the petition does 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
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commission consistent with applicable law and shall not find the rule to be unlawful if
the rule represents a reasonable exercise of the 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 the rule
has no further force and effect in any compacting state.
ARTICLE XIII - OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
a. Each member state shall enforce this compact to effectuate the compact's
purposes and intent. The provisions of this compact and the rules promulgated
hereunder have standing as statutory law.
b. Courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of
this compact which may affect the powers, responsibilities, or actions of the
commission.
c. The commission is entitled to receive all service of process in any proceeding and
has standing to intervene in the proceeding for all purposes. Failure to provide
service of process to the commission renders a judgment or order void as to the
commission, this compact, or adopted rules.
If the commission determines that a member state has defaulted in the performance of
its obligations or responsibilities under this compact, or the bylaws or adopted rules,
the commission shall:
a. Provide written notice to the defaulting state and other member states of the
nature of the default, the means of curing the default, and any action taken by the
commission, and specify the conditions by which the defaulting state must cure
its default; and
b. Offer technical assistance to the member state.
If the defaulting state fails to cure the default, the defaulting state shall terminate from
the compact upon an affirmative vote of a majority of the member states and all rights,
privileges, and benefits conferred by this compact are terminated from the effective
date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of the default, except that in the
event of a default by this state, its total financial responsibility is limited to the amount
of its most recent annual assessment.
Suspension or termination of membership in the compact may be imposed only after
all other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate must be given by the commission to the governor, the majority
and minority leaders of the defaulting state's legislature, and each member state.
The state that has been suspended or terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of suspension or
termination, to a maximum of five thousand dollars multiplied by the number of years
that the state has been a member of the compact. In the event that this state is
suspended or terminated, its total financial responsibility is limited to the amount of its
most recent annual assessment.
The commission may 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 commission and the defaulting
state.
The defaulting state may appeal the action of the commission by petitioning the United
States district court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing party must be awarded all costs of
such litigation, including reasonable attorney's fees.
The commission shall attempt, upon the request of a member state, to resolve
disputes that are subject to the compact and which may arise among member states
and between member and nonmember states. The commission shall adopt a rule
providing for mediation and binding dispute resolution for disputes as appropriate.
ARTICLE XIV - FINANCING OF THE COMMISSION
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The commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
a. The commission may levy on and collect an annual assessment from each
member state to cover the cost of the operations and activities of the commission
and its staff which must be in a total amount sufficient to cover the commission's
annual budget as approved each year.
b. The aggregate annual assessment amount must be allocated based upon a
formula to be determined by the commission, which shall adopt a rule binding
upon all member states.
c. The annual assessment applicable to this state may not exceed an amount equal
to two dollars multiplied by the latest available number of children of military
families in this state.
d. This state may not be held liable for the payment of any special assessment or
any assessment other than the annual assessment in the amount established by
this subsection.
The commission may not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor may the commission pledge the credit of any of the
member states, except by and with the authority of the member state.
The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission are subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the commission must be audited yearly by a certified or licensed
public accountant and the report of the audit must be included in and become part of
the annual report of the commission.
ARTICLE XV - MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
Any state is eligible to become a member state.
The compact becomes effective and binding upon legislative enactment of the
compact into law by no less than ten states. The effective date may not be earlier than
December 1, 2007. Thereafter, the compact becomes effective and binding as to any
other member state upon enactment of the compact into law by that state. The
governors of nonmember states or their designees must be invited to participate in the
activities of the commission on a nonvoting basis prior to adoption of the compact by
all states.
The commission may propose amendments to the compact for enactment by the
member states. No amendment may become effective and binding upon the
commission and the member states until the amendment is enacted into law by
unanimous consent of the member states.
ARTICLE XVI - WITHDRAWAL AND DISSOLUTION
a. Once effective, the compact continues in force and remains binding upon each
member state, provided that a member state may withdraw from the compact by
specifically repealing the statute that enacted the compact into law, except that in
the case of this state, withdrawal from the compact may also be accomplished by
statutorily allowing for the expiration of this Act.
b. Withdrawal from this compact must be by the enactment of a statute repealing
the compact, except that in the case of this state, withdrawal from the compact
may also be accomplished by statutorily allowing for the expiration of this Act.
c. The withdrawing state immediately shall notify the chairman of the commission in
writing upon the introduction of legislation repealing this compact in the
withdrawing state, except that if this state elects to withdraw from the compact by
statutorily allowing for the expiration of this Act, this state shall notify the chairman
of the commission when it becomes evident that the expiration will take effect.
The commission shall notify the other member states of the withdrawing state's
intent to withdraw within sixty days of receiving the notice.
d. The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal, to a maximum amount
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equal to two dollars multiplied by the latest available number of children of military
families in this state.
e. Reinstatement following withdrawal of a member state occurs upon the
withdrawing state re-enacting the compact or upon such later date as determined
by the commission.
This compact dissolves effective upon the date of the withdrawal or default of the
member state which reduces the membership in the compact to one member state.
Upon the dissolution of this compact, the compact becomes null and void and is of no
further force or effect, and the business and affairs of the commission must be
concluded and surplus funds must be distributed in accordance with the bylaws.
ARTICLE XVII - SEVERABILITY AND CONSTRUCTION
The provisions of this compact are severable and if any phrase, clause, sentence, or
provision is determined unenforceable, the remaining provisions of the compact are
enforceable.
This compact must be liberally construed to effectuate its purposes.
Nothing in this compact prohibits the applicability of other interstate compacts to which
the states are members.
ARTICLE XVIII - BINDING EFFECT OF COMPACT AND OTHER LAWS
Nothing in this compact prevents the enforcement of any other law of a member state
that is not inconsistent with this compact. All member states' laws conflicting with this
compact are superseded to the extent of the conflict.
a. All lawful actions of the commission, including all rules and bylaws promulgated
by the commission, are binding upon the member states.
b. All agreements between the commission and the member states are binding in
accordance with their terms.
c. If any provision of this compact exceeds the constitutional limits imposed on the
legislature of any member state, the provision is ineffective to the extent of the
conflict with the constitutional provision in question in that member state.
15.1-04.1-02. Compact on educational opportunity for military children - State council
- Appointment.
The state council on educational opportunity for military children consists of:
1. The following voting members:
a. The superintendent of public instruction, who shall serve as the chairman;
b. The superintendent of a school district that includes a high concentration of
military children, appointed by the governor;
c. A representative of a military installation, appointed by the governor;
d. One legislator, appointed by the chairman of the legislative management;
e. One representative of the executive branch of government, appointed by the
governor; and
f. Any other individuals recommended by the members of the state council listed in
subdivisions a through e; and
2. The following nonvoting members:
a. The compact commissioner appointed under section 15.1-04.1-03; and
b. The military family education liaison, appointed under section 15.1-04.1-04.
15.1-04.1-03. Compact commissioner - Appointment - Duties.
The governor shall appoint a compact commissioner who shall be responsible for the
administration and management of the state's participation in the compact on educational
opportunity for military children.
15.1-04.1-04. Military family education liaison - Appointment - Duties.
The state council on educational opportunity for military children shall appoint a military
family education liaison to assist military families and the state in facilitating the implementation
of the compact on educational opportunity for military children.
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