Session Law Chapter 102
CHAPTER 102
(SB 88)
Interstate compact on educational opportunity for military children.
FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity
for military children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The interstate compact on educational opportunity for military children is hereby
enacted into law and entered into with all jurisdictions legally joining in the compact, in the
form substantially as follows:
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 educational
records from the previous school district or variations in entrance or age
requirements.
B. Facilitating the student placement process through which children of military families
are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment.
C. Facilitating the qualification and eligibility for enrollment, educational programs, and
participation in extracurricular academic, athletic and social activities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rules
implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of information between and among
member states, schools and military families under this compact.
G. Promoting coordination between this compact and other compacts affecting military
children.
H. Promoting flexibility and cooperation between the educational system, parents and
the student in order to achieve educational success for the student.
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. section 1209 and 1211.
B. ''Children of military families'' means school-aged children, enrolled in kindergarten
or any of the grades one through twelve, in the household of an active duty member.
C. ''Compact commissioner'' means the voting representative of each compacting state
appointed pursuant to article VIII of this compact.
D. ''Deployment'' means the period one month prior to the service members' departure
from their home station on military orders through six months after return to their
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 individualized education programs.
F. ''Extracurricular activities'' means voluntary activities sponsored by the school or
local education agency or an organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to, preparation for and
involvement in public performances, contests, athletic competitions, demonstrations,
displays and club activities.
G. ''Interstate commission on educational opportunity for military children'' means the
commission that is created under article IX of this compact, which is generally
referred to as interstate commission.
H. ''Local education agency'' means a public authority legally constituted by the state as
an administrative agency to provide control of and direction for kindergarten and
grades one through twelve in public schools.
I. ''Member state'' means a state that has enacted this compact.
J. ''Military installation'' means a base, camp, post, station, yard, center, homeport
facility for any ship or other activity under the jurisdiction of the department of
defense, including any leased facility, which is located within any of the several
states, the District of Columbia, the Commonwealth of Puerto Rico, the 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 harbors projects or flood control projects.
K. ''Non-member state'' means a state that has not enacted this compact.
L. ''Receiving state'' means the state to which a child of a military family is sent, brought
or caused to be sent or brought.
M. ''Rule'' means a written statement by the interstate commission promulgated pursuant
to article XII of this compact that is of general applicability, implements, interprets
or prescribes a policy or provision of the compact, or an organizational, procedural,
or practice requirement of the interstate commission, and has the force and effect of
statutory law in a member state, and includes the amendment, repeal, or suspension
of an existing rule.
N. ''Sending state'' means the state from which a child of a military family is sent,
brought or caused to be sent or brought.
O. ''State'' means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands and any other U.S. Territory.
P. ''Student'' means the child of a military family for whom the local education agency
receives public funding and who is formally enrolled in kindergarten or any of the
grades one through twelve.
Q. ''Transition'' means:
(1) The formal and physical process of transferring from school to school; or
(2) The period of time in which a student moves from one school in the sending
state to another school in the receiving state.
R. ''Uniformed services'' means the army, navy, air force, marine corps, coast guard as
well as the commissioned corps of the national oceanic and atmospheric
administration and public health services.
S. ''Veteran'' means a person who served in the uniformed services and who was
discharged or released there from under conditions other than dishonorable.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in subsection B, this compact shall apply to the children
of:
(1) Active duty members of the uniformed services as defined in this compact, including
members of the national guard and reserve on active duty orders pursuant to 10
U.S.C. section 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 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 year after death.
B. The provisions of this interstate compact shall only apply to local education agencies as
defined in this compact.
C. The provisions of this compact shall not apply to the children of:
(1) Inactive members of the National Guard and military reserves;
(2) Members of the uniformed services now retired, except as provided in paragraph 1;
(3) Veterans of the uniformed services, except as provided in paragraph 1; and
(4) 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 & ENROLLMENT
A. Unofficial or ''hand-carried'' education records - In the event that official education
records cannot be released to the parents for the purpose of transfer, the custodian of the records
in the sending state shall prepare and furnish to the parent a complete set of unofficial
educational records containing uniform information as determined by the interstate commission.
Upon receipt of the unofficial education records by a school in the receiving state, the school
shall enroll and appropriately place the student based on the information provided in the
unofficial records pending validation by the official records, as quickly as possible.
B. Official education records or transcripts - Simultaneous with the enrollment and
conditional placement of the student, the school in the receiving state shall request the student's
official education record from the school in the sending state. Upon receipt of this request, the
school in the sending state will process and furnish the official education records to the school
in the receiving state within 10 days or within such time as is reasonably determined under the
rules promulgated by the interstate commission.
C. Immunizations - Compacting states shall allow thirty 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 immunizations required by the receiving state. For a
series of immunizations, initial vaccinations must be obtained within thirty days or within such
time as is reasonably determined under the rules promulgated by the interstate commission.
D. Kindergarten and first grade entrance age - Students shall be allowed to continue their
enrollment at grade level in the receiving state commensurate with their grade level 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 & ATTENDANCE
A. Course placement - When the student transfers before or during the school year, the
receiving state school initially shall honor placement of the student in educational courses based
on the student's enrollment in the sending state school or educational assessments conducted at
the school in the sending state if the courses are offered. Course placement includes but is not
limited to honors, international baccalaureate, advanced placement, vocational, technical and
career pathways courses. Continuing the student's academic program from the previous school
and promoting placement in academically and career challenging courses should be paramount
when considering placement. This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement and continued enrollment
of the student in such courses.
B. Educational program placement - The receiving state school initially shall honor
placement of the student in educational programs based on current educational assessments
conducted at the school in the sending state or participation or placement in like programs in
the sending state. Such programs include, but are not limited to, gifted and talented programs
and English as a second language (ESL). This does not preclude the school in the receiving state
from performing subsequent evaluations to ensure appropriate placement of the student.
C. Special education services - (1) In compliance with the federal requirements of the
individuals with disabilities education act (IDEA), 20 U.S.C.A. section 1400 et seq., the
receiving state initially shall provide comparable services to a student with disabilities based on
the student's current individualized education program (IEP). (2) In compliance with the
requirements of section 504 of the rehabilitation act, 29 U.S.C.A. section 794, and with Title
II of the Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, the receiving state
shall make reasonable accommodations and modifications to address the needs of incoming
students with disabilities, subject to an existing 504 or Title II plan, to provide the student with
equal access to education. This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement of the student.
D. Placement flexibility - Local education agency administrative officials shall have
flexibility in waiving course and program prerequisites or other preconditions for placement in
courses and programs offered under the jurisdiction of the local education agency.
E. Absence as related to deployment activities - A student whose parent or legal guardian
is an active duty member of the uniformed services and has been called to duty for, is on leave
from, or immediately returned from deployment to a combat zone or combat support posting,
shall be granted additional excused absences at the discretion of the local education agency
superintendent to visit with the student's parent or legal guardian relative to such leave or
deployment of the parent or guardian.
A. Eligibility for enrollment:
(1) Special power of attorney, relative to the guardianship of a child of a military family
and executed under applicable law shall be sufficient for the purposes of enrollment
and all other actions requiring parental participation and consent.
(2) A local education agency shall be prohibited from charging local tuition to a
transitioning military child placed in the care of a non-custodial parent or other
person standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent.
(3) A transitioning military child, placed in the care of a non-custodial parent or other
person standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent, may continue to attend the school in which the child 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.
In order to facilitate the on-time graduation of children of military families:
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 an alternative
means of acquiring required coursework so that graduation may occur on time.
B. Exit exams - States shall accept:
(1) Exit or end-of-course exams required for graduation from the sending state;
or
(2) National normreferenced 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 the senior year, then the provisions of paragraph C of this
article shall apply.
C. Transfers during senior year - Should a military student transferring at the beginning
or during the senior year be ineligible to graduate from the receiving local education
agency after all alternatives have been considered, the sending and receiving local
education agencies shall ensure the receipt of a diploma from the sending local
education agency, if the student meets the graduation requirements of the sending
local education agency. In the event that one of the states in question is not a member
of this compact, the member state shall use best efforts to facilitate the on-time
graduation of the student in accordance with paragraphs A and B of this article.
ARTICLE VIII. STATE COORDINATION
A. Each member state, through the creation of a state council or use of an existing body or
board, shall 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: The commissioner of
education, a superintendent of a school district with a high concentration of military children,
a representative from a military installation, one representative each from the legislative and
executive branches of government and other offices and stakeholder groups the state council
deems appropriate. A member state that does not have a school district deemed to contain a high
concentration of military children may appoint a superintendent from another school district to
represent local education agencies on the state council.
B. The state council of each member state shall appoint or designate a military family
education liaison to assist military families and the state in facilitating the implementation of
this compact.
C. The compact commissioner responsible for the administration and management of the
state's participation in the compact shall be appointed by the governor or as otherwise
determined by each member state.
D. The compact commissioner and the military family education liaison designated herein
shall be ex-officio members of the state council, unless either is already a full voting member
of the state council.
ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN
The member states hereby create the ''interstate commission on educational opportunity for
military children.'' The activities of the interstate commission are the formation of public policy
and are a discretionary state function. The interstate commission shall:
A. Be a body corporate and joint agency of the member states and shall have all the
responsibilities, powers and duties set forth herein, and such additional powers as
may be conferred upon it by a subsequent concurrent action of the respective
legislatures of the member states in accordance with the terms of this compact.
B. Consist of one interstate commission voting representative from each member state
who shall be that state's compact commissioner.
(1) Each member state represented at a meeting of the interstate commission is
entitled to one vote.
(2) A majority of the total member states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of the
interstate commission.
(3) A representative shall not delegate a vote to another member state. In the event
the compact commissioner is unable to attend a meeting of the interstate
commission, the governor or state council may delegate voting authority to
another person from their state for a specified meeting.
(4) The bylaws may provide for meetings of the interstate commission to be
conducted by telecommunication or electronic communication.
C. Consist of ex-officio, non-voting representatives who are members of interested
organizations. Such ex-officio members, as defined in the bylaws, may include but
not be limited to, members of the representative organizations of military family
advocates, local education agency officials, parent and teacher groups, the United
States department of defense, the education commission of the states, the interstate
agreement on the qualification of educational personnel and other interstate compacts
affecting the education of children of military members.
D. Meet at least once each calendar year. The chairperson may call additional meetings
and, upon the request of a simple majority of the member states, shall call additional
meetings.
E. Establish an executive committee, whose members shall include the officers of the
interstate commission and such other members of the interstate commission as
determined by the bylaws. Members of the executive committee shall serve a one
year term. Members of the executive committee shall be entitled to one vote each.
The executive committee shall have the power to act on behalf of the interstate
commission, with the exception of rulemaking, during periods when the interstate
commission is not in session. The executive committee shall oversee the day-to-day
activities of the administration of the compact including enforcement and compliance
with the provisions of the compact, its bylaws and rules, and other such duties as
deemed necessary. The United States department of defense, shall serve as an ex-officio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and procedures under which
the interstate commission shall make its information and official records available
to the public for inspection or copying. The interstate commission may exempt from
disclosure information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
G. 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 the rules or as otherwise
provided in the compact. The interstate commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that an open
meeting would be likely to:
(1) Relate solely to the interstate commission's internal personnel practices and
procedures;
(2) Disclose matters specifically exempted from disclosure by federal and state
statute;
(3) Disclose trade secrets or commercial or financial information which is
privileged or confidential;
(4) Involve accusing a person of a crime, or formally censuring a person;
(5) Disclose information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for law enforcement purposes; or
(7) Specifically relate to the interstate commission's participation in a civil action
or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant to this provision, the
interstate commission's legal counsel or designee shall certify that the meeting may
be closed and shall 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 of the interstate
commission.
I. The interstate 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. Such methods of data collection, exchange and
reporting shall, in so far as is reasonably possible, conform to current technology and
coordinate its information functions with the appropriate custodian of records as
identified in the bylaws and rules.
J. The interstate commission shall create a process that permits military officials,
education officials and parents to inform the interstate commission if and when there
are alleged violations of the compact or its rules or when issues subject to the
jurisdiction of the compact or its rules are not addressed by the state or local
education agency. This section shall not be construed to create a private right of
action against the interstate commission or any member state.
ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the power to:
A. Provide for dispute resolution among member states.
B. 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. Issue, upon request of a member state, advisory opinions concerning the meaning or
interpretation of the interstate compact, its bylaws, rules and actions.
D. 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. Establish and maintain offices which shall be located within one or more of the
member states.
F. Purchase and maintain insurance and bonds.
G. Borrow, accept, hire or contract for services of personnel.
H. Establish and appoint committees including, but not limited to, an executive
committee as required by article IX, which shall have the power to act on behalf of
the interstate commission in carrying out its powers and duties hereunder.
I. Elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix
their compensation, define their duties and determine their qualifications; and to
establish the interstate commission's personnel policies and programs relating to
conflicts of interest, rates of compensation, and qualifications of personnel.
J. Accept any and all donations and grants of money, equipment, supplies, materials
and services, and to receive, utilize, and dispose of it.
K. Lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve or use any property, real, personal or mixed.
L. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal or mixed.
M. Establish a budget and make expenditures.
N. Adopt a seal and bylaws governing the management and operation of the interstate
commission.
O. 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. Coordinate education, training and public awareness regarding the compact, its
implementation and operation for officials and parents involved in such activity.
Q. Establish uniform standards for the reporting, collecting and exchanging of data.
R. Maintain corporate books and records in accordance with the bylaws.
S. Perform such functions as may be necessary or appropriate to achieve the purposes
of this compact.
T. Provide for the uniform collection and sharing of information between and among
member states, schools and military families under this compact.
ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION
A. The interstate commission, by a majority of the members present and voting, within
twelve months after the first interstate commission meeting, shall adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the compact, including,
but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee, and such other committees as may be
necessary;
(3) Providing for the establishment of committees and for governing any general or
specific delegation of authority or function of the interstate commission;
(4) Providing reasonable procedures for calling and conducting meetings of the interstate
commission, and ensuring reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the officers and staff of the interstate
commission;
(6) Providing a mechanism for concluding the operations of the interstate commission
and the return of surplus funds that may exist upon the termination of the compact
after the payment and reserving of all of its debts and obligations; and
(7) Providing ''start up'' rules for initial administration of the compact.
B. The interstate commission, by a majority of the members, shall 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. Subject to the availability of budgeted funds, the officers shall
be reimbursed for ordinary and necessary costs and expenses incurred by them in the
performance of their responsibilities as officers of the interstate commission.
C. Executive Committee, Officers and Personnel
(1) The executive committee shall have such authority and duties as may be set forth in
the bylaws, including but not limited to:
(a) Managing the affairs of the interstate commission in a manner consistent with
the bylaws and purposes of the interstate commission;
(b) Overseeing an organizational structure within, and appropriate procedures for
the interstate commission to provide for the creation of rules, operating
procedures, and administrative and technical support functions; and
(c) Planning, implementing, and coordinating communications and activities with
other state, federal and local government organizations in order to advance the
goals of the interstate commission.
(2) The executive committee may, subject to the approval of the interstate commission,
appoint or retain an executive director for such period, upon such terms and
conditions and for such compensation, as the interstate commission may deem
appropriate. The executive director shall serve as secretary to the interstate
commission, but shall not be a member of the interstate commission. The executive
director shall hire and supervise such other persons as may be authorized by the
interstate commission.
D. The interstate commission's executive director and its employees shall be immune from
suit and liability, either personally or in their official capacity, for a claim for damage to or loss
of property or personal injury or other civil liability caused by 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 the 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 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 person.
(3) To the extent not covered by the state involved, member state, or the interstate
commission, the representatives or employees of the interstate commission shall be
held harmless in the amount of a settlement or judgment, including attorney's fees
and costs, obtained against such persons arising out of an actual or alleged act, error,
or omission that occurred within the scope of interstate commission employment,
duties, or responsibilities, or that such persons had a reasonable basis for believing
occurred within the scope of interstate commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not
result from intentional or 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 promulgate reasonable rules in
order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the
foregoing, in the event the interstate commission exercises its rulemaking authority in a manner
that is beyond the scope of the purposes of this act, or the powers granted hereunder, then such
an action by the interstate commission shall be invalid and have no force or effect.
B. Rulemaking Procedure - Rules shall be made pursuant to a rulemaking process that
substantially conforms to the ''model state administrative procedure act,'' of 1981 Act, uniform
laws annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the
interstate commission.
C. Not later than thirty days after a rule is promulgated, any person may file a petition for
judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise
prevent the rule from becoming effective unless the court finds that the petitioner has a
substantial likelihood of success. The court shall give deference to the actions of the interstate
commission consistent with applicable law and shall not find the rule to be unlawful if the rule
represents a reasonable exercise of the interstate commission's authority.
D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a
statute or resolution in the same manner used to adopt the compact, then such rule shall have
no further force and effect in any compacting state.
ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
(1) The executive, legislative and judicial branches of state government in each member
state shall enforce this compact and shall take all actions necessary and appropriate
to effectuate the compact's purposes and intent. The provisions of this compact and
the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this
compact which may affect the powers, responsibilities or actions of the interstate
commission.
(3) The interstate commission shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the proceeding for all
purposes. Failure to provide service of process to the interstate commission shall
render a judgment or order void as to the interstate commission, this compact or
promulgated rules.
B. Default, Technical Assistance, Suspension and Termination - If the interstate commission
determines that a member state has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or promulgated rules, the interstate
commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature
of the default, the means of curing the default and any action taken by the interstate
commission. The interstate commission shall specify the conditions by which the
defaulting state must cure its default.
(2) Provide remedial training and specific technical assistance regarding the default.
(3) If the defaulting state fails to cure the default, the defaulting state shall be terminated
from the compact upon an affirmative vote of a majority of the member states and all
rights, privileges and benefits conferred by this compact shall be terminated from the
effective date of termination. A cure of the default does not relieve the offending
state of obligations or liabilities incurred during the period of the default.
(4) Suspension or termination of membership in the compact shall be imposed only after
all other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the interstate commission to the governor, the
majority and minority leaders of the defaulting state's legislature, and each of the
member states.
(5) The state which has been suspended or terminated is responsible for all assessments,
obligations and liabilities incurred through the effective date of suspension or
termination including obligations, the performance of which extends beyond the
effective date of suspension or termination.
(6) The interstate commission shall not bear any costs relating to any state that has been
found to be in default or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the interstate commission
and the defaulting state.
(7) The defaulting state may appeal the action of the interstate commission by petitioning
the United States 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.
(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 nonmember states.
(2) The interstate commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
D. Enforcement
(1) The interstate commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact.
(2) The interstate commission, by majority vote of the members, may 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
A. The interstate commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization and ongoing activities.
B. The interstate commission may levy on and collect an annual assessment from each
member state to cover the cost of the operations and activities of the interstate commission and
its staff which must be in a total amount sufficient to cover the interstate commission's annual
budget as approved each year. The aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the interstate commission, which shall promulgate a rule
binding upon all member states.
C. The interstate commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same. The interstate commission shall not pledge the credit of any
of the member states, except by and with the authority of the member state.
D. The interstate commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the interstate commission shall be subject to the audit and
accounting procedures established under its bylaws. All receipts and disbursements of funds
handled by the interstate commission shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become part of the annual report
of the interstate commission.
ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than ten of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter it shall become effective and binding as to any other member
state upon enactment of the compact into law by that state. The governors of nonmember states
or their designees shall be invited to participate in the activities of the interstate commission on
a non-voting basis prior to adoption of the compact by all states.
C. The interstate commission may propose amendments to the compact for enactment by
the member states. No amendment shall become effective and binding upon the interstate
commission and the member states unless and until it is enacted into law by unanimous consent
of the member states.
ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
(1) Once effective, the compact shall continue in force and remain binding upon each
and every member state. A member state may withdraw from the compact
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 year after the effective date of such statute
and until written notice of the withdrawal has been given by the withdrawing state
to the governor of each other member jurisdiction.
(3) The withdrawing state immediately shall 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 days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities
incurred through the effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by
the interstate commission.
B. Dissolution of Compact
(1) This compact shall dissolve effective upon the date of the withdrawal or default of
the member state which reduces the membership in the compact to one member state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the interstate
commission shall be concluded and surplus funds shall be distributed in accordance
with the bylaws.
ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or
provision is deemed unenforceable, the remaining provisions of the compact shall be
enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the applicability of other interstate
compacts to which the states are members.
ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
(1) Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with this compact.
(2) All member states' laws conflicting with this compact are superseded to the extent
of the conflict.
B. Binding Effect of the Compact
(1) All lawful actions of the interstate commission, including all rules and bylaws
promulgated by the interstate commission, are binding upon the member states.
(2) All agreements between the interstate commission and the member states are binding
in accordance with their terms.
(3) In the event any provision of this compact exceeds the constitutional limits imposed
on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member
state.
Section 2. The Governor shall appoint this state's representative to the interstate commission
on educational opportunity for military children created in section 1 of this Act.
Signed March 24, 2010