HB-5963, As Passed Senate, May 21, 2008
SUBSTITUTE FOR
HOUSE BILL NO. 5963
A bill entering into the interstate compact on educational
opportunity for military children: and for related purposes.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. The interstate compact on educational opportunity for
military children is 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:
House Bill No. 5963 as amended May 21, 2008
A. Facilitating the timely enrollment of children of military
families
and <<1ensuring ensuring >> that they are not placed at a
disadvantage
due to difficulty in the transfer of education records from the
previous school district(s) or variations in entrance/age
requirements.
B. Facilitating the student placement process through which
children of military families are not disadvantaged by variations
in attendance requirements, scheduling, sequencing, grading, course
content or assessment.
C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in
extracurricular academic, athletic, and social activities.
D. Facilitating the on-time graduation of children of military
families.
E. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of
information between and among member states, schools and military
families under this compact.
G. Promoting coordination between this compact and other
compacts affecting military children.
H. Promoting flexibility and cooperation between the
educational system, parents and the student in order to achieve
educational success for the student.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
A. "Active duty" means: full-time duty status in the active
uniformed service of the United States, including members of the
National Guard and Reserve on active duty orders pursuant to 10
U.S.C. Section 1209 and 1211.
B. "Children of military families" means: a school-aged
child(ren), enrolled in Kindergarten through Twelfth (12th) grade,
in the household of an active duty member.
C. "Compact commissioner" means: the voting representative of
each compacting state appointed pursuant to Article VIII of this
compact.
D. "Deployment" means: the period one (1) month prior to the
service members' departure from their home station on military
orders though six (6) months after return to their home station.
E. "Education(al) records" means: those official records,
files, and data directly related to a student and maintained by the
school or local education agency, including but not limited to
records encompassing all the material kept in the student's
cumulative folder such as general identifying data, records of
attendance and of academic work completed, records of achievement
and results of evaluative tests, health data, disciplinary status,
test protocols, and individualized education programs.
F. "Extracurricular activities" means: a voluntary activity
sponsored by the school or local education agency or an
organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to,
preparation for and involvement in public performances, contests,
House Bill No. 5963 as amended May 21, 2008
athletic competitions, demonstrations, displays, and club
activities.
G. "Interstate Commission on Educational Opportunity for
Military Children" means: the commission that is created under
Article IX of this compact, which is generally referred to as
Interstate Commission.
H. "Local education agency" means: a public authority legally
constituted by the state as an administrative agency to provide
control of and direction for Kindergarten through Twelfth (12th)
grade public educational institutions.
I. "Member state" means: a state that has enacted this
compact.
J.
"Military installation" means: <<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 through Twelfth (12th) grade.
Q. "Transition" means: 1) the formal and physical process of
transferring from school to school or 2) the period of time in
which a student moves from one school in the sending state to
another school in the receiving state.
R. "Uniformed service(s)" means: the Army, Navy, Air Force,
Marine Corps, Coast Guard as well as the Commissioned Corps of the
National Oceanic and Atmospheric Administration, and Public Health
Services.
S. "Veteran" means: a person who served in the uniformed
services and who was discharged or released there from under
conditions other than dishonorable.
ARTICLE III
APPLICABILITY
A. Except as otherwise provided in Section B, this compact
shall apply to the children of:
1. active duty members of the uniformed services as defined in
this compact, including members of the National Guard and Reserve
on active duty orders pursuant to 10 U.S.C. 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 (1) year after medical discharge or retirement; and
3. members of the uniformed services who die on active duty or
as a result of injuries sustained on active duty for a period of
one (1) year after death.
B. The provisions of this interstate compact shall only apply
to local education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the
children of:
1. inactive members of the national guard and military
reserves;
2. members of the uniformed services now retired, except as
provided in Section A;
3. veterans of the uniformed services, except as provided in
Section A; and
4. other U.S. Dept. 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/transcripts - Simultaneous with
the enrollment and conditional placement of the student, the school
in the receiving state shall request the student's official
education record from the school in the sending state. Upon receipt
of this request, the school in the sending state will process and
furnish the official education records to the school in the
receiving state within ten (10) days or within such time as is
reasonably determined under the rules promulgated by the Interstate
Commission.
C. Immunizations – Compacting states shall give thirty (30)
days from the date of enrollment or within such time as is
reasonably determined under the rules promulgated by the Interstate
Commission, for students to obtain any immunization(s) required by
the receiving state. For a series of immunizations, initial
vaccinations must be obtained within thirty (30) days or within
such time 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 (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 & ATTENDANCE
A. Course placement - When the student transfers before or
during the school year, the receiving state school shall initially
honor placement of the student in educational courses based on the
student's enrollment in the sending state school and/or educational
assessments conducted at the school in the sending state if the
courses are offered. Course placement includes but is not limited
to Honors, International Baccalaureate, Advanced Placement,
vocational, technical and career pathways courses. Continuing the
student's academic program from the previous school and promoting
placement in academically and career challenging courses should be
paramount when considering placement. This does not preclude the
school in the receiving state from performing subsequent
evaluations to ensure appropriate placement and continued
enrollment of the student in the course(s).
B. Educational program placement – The receiving state school
shall initially honor placement of the student in educational
programs based on current educational assessments conducted at the
school in the sending state or participation/placement in like
programs in the sending state. Such programs include, but are not
limited to: 1) gifted and talented programs; and 2) English as a
second language (ESL). This does not preclude the school in the
receiving state from performing subsequent evaluations to ensure
appropriate placement of the student.
C. Special education services – 1) In compliance with the
federal requirements of the Individuals with Disabilities Education
Act (IDEA), 20 U.S.C.A. Section 1400 et seq, the receiving state
shall initially provide comparable services to a student with
disabilities based on his/her current Individualized Education
Program (IEP); and 2) In compliance with the requirements of
Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and
with Title II of the Americans with Disabilities Act, 42 U.S.C.A.
Sections 12131-12165, the receiving state shall make reasonable
accommodations and modifications to address the needs of incoming
students with disabilities, subject to an existing 504 or Title II
Plan, to provide the student with equal access to education. This
does not preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement of the
student.
D. Placement flexibility – Local education agency
administrative officials shall have flexibility in waiving
course/program prerequisites, or other preconditions for placement
in courses/programs offered under the jurisdiction of the local
education agency.
E. Absence as related to deployment activities – A student
whose parent or legal guardian is an active duty member of the
uniformed services, as defined by the compact, and has been called
to duty for, is on leave from, or immediately returned from
deployment to a combat zone or combat support posting, shall be
granted additional excused absences at the discretion of the local
education agency superintendent to visit with his or her parent or
legal guardian relative to such leave or deployment of the parent
or guardian.
ARTICLE VI
ELIGIBILITY
A. Eligibility for enrollment
1. Special power of attorney, relative to the guardianship of
a child of a military family and executed under applicable law
shall be sufficient for the purposes of enrollment and all other
actions requiring parental participation and consent.
2. A local education agency shall be prohibited from charging
local tuition to a transitioning military child placed in the care
of a non-custodial parent or other person standing in loco parentis
who lives in a jurisdiction other than that of the custodial
parent.
3. A transitioning military child, placed in the care of a
non-custodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent,
may continue to attend the school in which he/she was enrolled
while residing with the custodial parent.
B. Eligibility for extracurricular participation - State and
local education agencies shall facilitate the opportunity for
transitioning military children's inclusion in extracurricular
activities, regardless of application deadlines, to the extent they
are otherwise qualified.
ARTICLE VII
GRADUATION
In order to facilitate the on-time graduation of children of
military families states and local education agencies shall
incorporate the following procedures:
A. Waiver requirements – Local education agency administrative
officials shall waive specific courses required for graduation if
similar 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 norm referenced achievement tests or 3) alternative
testing, in lieu of testing requirements for graduation in the
receiving state. In the event the above alternatives cannot be
accommodated by the receiving state for a student transferring in
his or her Senior year, then the provisions of Article VII, Section
C shall apply.
C. Transfers during Senior year – Should a military student
transferring at the beginning or during his or her Senior year be
ineligible to graduate from the receiving local education agency
after all alternatives have been considered, the sending and
receiving local education agencies shall ensure the receipt of a
diploma from the sending local education agency, if the student
meets the graduation requirements of the sending local education
agency. In the event that one of the states in question is not a
member of this compact, the member state shall use best efforts to
facilitate the on-time graduation of the student in accordance with
Sections A and B of this Article.
ARTICLE VIII
STATE COORDINATION
A. Each member state shall, through the creation of a State
Council or use of an existing body or board, provide for the
coordination among its agencies of government, local education
agencies and military installations concerning the state's
participation in, and compliance with, this compact and Interstate
Commission activities. While each member state may determine the
membership of its own State Council, its membership must include at
least: the state superintendent of education, superintendent of a
school district with a high concentration of military children,
representative from a military installation, one representative
each from the legislative and executive branches of government, and
other offices and stakeholder groups the State Council deems
appropriate. A member state that does not have a school district
deemed to contain a high concentration of military children may
appoint a superintendent from another school district to represent
local education agencies on the State Council.
B. The State Council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
compact.
C. The compact commissioner responsible for the administration
and management of the state's participation in the compact shall be
appointed by the Governor or as otherwise determined by each member
state.
D. The compact commissioner and the military family education
liaison designated herein shall be ex-officio members of the State
Council, unless either is already a full voting member of the State
Council.
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the "Interstate Commission on
Educational Opportunity for Military Children." The activities of
the Interstate Commission are the formation of public policy and
are a discretionary state function. The Interstate Commission
shall:
A. Be a body corporate and joint agency of the member states
and shall have all the responsibilities, powers and duties set
forth herein, and such additional powers as may be conferred upon
it by a subsequent concurrent action of the respective legislatures
of the member states in accordance with the terms of this compact.
B. Consist of one Interstate Commission voting representative
from each member state who shall be that state's compact
commissioner.
1. Each member state represented at a meeting of the
Interstate Commission is entitled to one vote.
2. A majority of the total member states shall constitute a
quorum for the transaction of business, unless a larger quorum is
required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another
member state. In the event the compact commissioner is unable to
attend a meeting of the Interstate Commission, the Governor or
State Council may delegate voting authority to another person from
their state for a specified meeting.
4. The bylaws may provide for meetings of the Interstate
Commission to be conducted by telecommunication or electronic
communication.
C. Consist of ex-officio, non-voting representatives who are
members of interested organizations. Such ex-officio members, as
defined in the bylaws, may include but not be limited to, members
of the representative organizations of military family advocates,
local education agency officials, parent and teacher groups, the
U.S. Department of Defense, the Education Commission of the States,
the Interstate Agreement on the Qualification of Educational
Personnel and other interstate compacts affecting the education of
children of military members.
D. Meet at least once each calendar year. The chairperson may
call additional meetings and, upon the request of a simple majority
of the member states, shall call additional meetings.
E. Establish an executive committee, whose members shall
include the officers of the Interstate Commission and such other
members of the Interstate Commission as determined by the bylaws.
Members of the executive committee shall serve a one year term.
Members of the executive committee shall be entitled to one vote
each. The executive committee shall have the power to act on behalf
of the Interstate Commission, with the exception of rulemaking,
during periods when the Interstate Commission is not in session.
The executive committee shall oversee the day-to-day activities of
the administration of the compact including enforcement and
compliance with the provisions of the compact, its bylaws and
rules, and other such duties as deemed necessary. The U.S. Dept. 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. Give public notice of all meetings and all meetings shall
be open to the public, except as set forth in the rules or as
otherwise provided in the compact. The Interstate Commission and
its committees may close a meeting, or portion thereof, where it
determines by two-thirds vote that an open meeting would be likely
to:
1. Relate solely to the Interstate Commission's internal
personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by
federal and state statute;
3. Disclose trade secrets or commercial or financial
information which is privileged or confidential;
4. Involve accusing a person of a crime, or formally censuring
a person;
5. Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
privacy;
6. Disclose investigative records compiled for law enforcement
purposes; or
7. Specifically relate to the Interstate Commission's
participation in a civil action or other legal proceeding.
H. Shall cause its legal counsel or designee to certify that a
meeting may be closed and shall reference each relevant exemptible
provision for any meeting, or portion of a meeting, which is closed
pursuant to this provision. The Interstate Commission shall keep
minutes which shall fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefore, including a
description of the views expressed and the record of a roll call
vote. All documents considered in connection with an action shall
be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission.
I. Shall collect standardized data concerning the educational
transition of the children of military families under this compact
as directed through its rules which shall specify the data to be
collected, the means of collection and data exchange and reporting
requirements. Such methods of data collection, exchange and
reporting shall, in so far as is reasonably possible, conform to
current technology and coordinate its information functions with
the appropriate custodian of records as identified in the bylaws
and rules.
J. Shall create a process that permits military officials,
education officials and parents to inform the Interstate Commission
if and when there are alleged violations of the compact or its
rules or when issues subject to the jurisdiction of the compact or
its rules are not addressed by the state or local education agency.
This section shall not be construed to create a private right of
action against the Interstate Commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To provide for dispute resolution among member states.
B. To promulgate rules and take all necessary actions to
effect the goals, purposes and obligations as enumerated in this
compact. The rules shall have the force and effect of statutory law
and shall be binding in the compact states to the extent and in the
manner provided in this compact.
C. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact,
its bylaws, rules and actions.
D. To enforce compliance with the compact provisions, the
rules promulgated by the Interstate Commission, and the bylaws,
using all necessary and proper means, including but not limited to
the use of judicial process.
E. To establish and maintain offices which shall be located
within one or more of the member states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire or contract for services of
personnel.
H. To establish and appoint committees including, but not
limited to, an executive committee as required by Article IX,
Section E, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties
hereunder.
I. To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties and determine their qualifications; and to establish the
Interstate Commission's personnel policies and programs relating to
conflicts of interest, rates of compensation, and qualifications of
personnel.
J. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
K. To lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve or use any property, real,
personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal or
mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
O. To report annually to the legislatures, governors,
judiciary, and state councils of the member states concerning the
activities of the Interstate Commission during the preceding year.
Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.
P. To coordinate education, training and public awareness
regarding the compact, its implementation and operation for
officials and parents involved in such activity.
Q. To establish uniform standards for the reporting,
collecting and exchanging of data.
R. To maintain corporate books and records in accordance with
the bylaws.
S. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
T. To provide for the uniform collection and sharing of
information between and among member states, schools and military
families under this compact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall, by a majority of the
members present and voting, within 12 months after the first
Interstate Commission meeting, adopt bylaws to govern its conduct
as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee, and such other
committees as may be necessary;
3. Providing for the establishment of committees and for
governing any general or specific delegation of authority or
function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable
notice of each such meeting;
5. Establishing the titles and responsibilities of the
officers and staff of the Interstate Commission;
6. Providing a mechanism for concluding the operations of the
Interstate Commission and the return of surplus funds that may
exist upon the termination of the compact after the payment and
reserving of all of its debts and obligations.
7. Providing "start up" rules for initial administration of
the compact.
B. The Interstate Commission shall, by a majority of the
members, elect annually from among its members a chairperson, a
vice-chairperson, and a treasurer, each of whom shall have such
authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the Interstate
Commission. The officers so elected shall serve without
compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
C. Executive Committee, Officers and Personnel
1. The executive committee shall have such authority and
duties as may be set forth in the bylaws, including but not limited
to:
a. Managing the affairs of the Interstate Commission in a
manner consistent with the bylaws and purposes of the Interstate
Commission;
b. Overseeing an organizational structure within, and
appropriate procedures for the Interstate Commission to provide for
the creation of rules, operating procedures, and administrative and
technical support functions; and
c. Planning, implementing, and coordinating communications and
activities with other state, federal and local government
organizations in order to advance the goals of the Interstate
Commission.
3. The executive committee may, subject to the approval of the
Interstate Commission, appoint or retain an executive director for
such period, upon such terms and conditions and for such
compensation, as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission.
The executive director shall hire and supervise such other persons
as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its
employees shall be immune from suit and liability, either
personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act,
error, or omission that occurred, or that such person had a
reasonable basis for believing occurred, within the scope of
Interstate Commission employment, duties, or responsibilities;
provided, that such person shall not be protected from suit or
liability for damage, loss, injury, or liability caused by the
intentional or 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 (30) days after a rule is
promulgated, any person may file a petition for judicial review of
the rule; provided, that the filing of such a petition shall not
stay or otherwise prevent the rule from becoming effective unless
the court finds that the petitioner has a substantial likelihood of
success. The court shall give deference to the actions of the
Interstate Commission consistent with applicable law and shall not
find the rule to be unlawful if the rule represents a reasonable
exercise of the Interstate Commission's authority.
D. If a majority of the legislatures of the compacting states
rejects a Rule by enactment of a statute or resolution in the same
manner used to adopt the compact, then such rule shall have no
further force and effect in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
1. The executive, legislative and judicial branches of state
government in each member state shall enforce this compact and
shall take all actions necessary and appropriate to effectuate the
compact's purposes and intent. The provisions of this compact and
the rules promulgated hereunder shall have standing as statutory
law.
2. All courts shall take judicial notice of the compact and
the rules in any judicial or administrative proceeding in a member
state pertaining to the subject matter of this compact which may
affect the powers, responsibilities or actions of the Interstate
Commission.
3. The Interstate Commission shall be entitled to receive all
service of process in any such proceeding, and shall have standing
to intervene in the proceeding for all purposes. Failure to provide
service of process to the Interstate Commission shall render a
judgment or order void as to the Interstate Commission, this
compact or promulgated rules.
B. Default, Technical Assistance, Suspension and Termination -
If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this compact, or the bylaws or promulgated rules, the
Interstate Commission shall:
1. Provide written notice to the defaulting state and other
member states, of the nature of the default, the means of curing
the default and any action taken by the Interstate Commission. The
Interstate Commission shall specify the conditions by which the
defaulting state must cure its default.
2. Provide remedial training and specific technical assistance
regarding the default.
3. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the member states and all rights,
privileges and benefits conferred by this compact shall be
terminated from the effective date of termination. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of the default.
4. Suspension or termination of membership in the compact
shall be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate shall
be given by the Interstate Commission to the Governor, the majority
and minority leaders of the defaulting state's legislature, and
each of the member states.
5. The state which has been suspended or terminated is
responsible for all assessments, obligations and liabilities
incurred through the effective date of suspension or termination
including obligations, the performance of which extends beyond the
effective date of suspension or termination.
6. The Interstate Commission shall not bear any costs relating
to any state that has been found to be in default or which has been
suspended or terminated from the compact, unless otherwise mutually
agreed upon in writing between the Interstate Commission and the
defaulting state.
7. The defaulting state may appeal the action of the
Interstate Commission by petitioning the U.S. District Court for
the District of Columbia or the federal district where the
Interstate Commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation including
reasonable attorney's fees.
C. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request
of a member state, to resolve disputes which are subject to the
compact and which may arise among member states and between member
and non-member states.
2. The Interstate Commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The Interstate Commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of this
compact.
2. The Interstate Commission, may by majority vote of the
members, initiate legal action in the 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; nor
shall the Interstate Commission pledge the credit of any of the
member states, except by and with the authority of the member
state.
D. The Interstate Commission shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements of
the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Interstate
Commission shall by audited yearly by a certified or licensed
public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate Commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than ten
(10) of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter it shall become effective and binding
as to any other member state upon enactment of the compact into law
by that state. The governors of non-member states or their
designees shall be invited to participate in the activities of the
Interstate Commission on a nonvoting basis prior to adoption of the
compact by all states.
C. The Interstate Commission may propose amendments to the
compact for enactment by the member states. No amendment shall
become effective and binding upon the Interstate Commission and the
member states unless and until it is enacted into law by unanimous
consent of the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and
remain binding upon each and every member state; provided that a
member state may withdraw from the compact by specifically
repealing the statute, which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until one (1)
year after the effective date of such statute and until written
notice of the withdrawal has been given by the withdrawing state to
the Governor of each other member jurisdiction.
3. The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other
member states of the withdrawing state's intent to withdraw within
sixty (60) days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal, including obligations, the performance of which extend
beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting the compact or upon
such later date as determined by the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the
membership in the compact to one (1) member state.
2. Upon the dissolution of this compact, the compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the Interstate Commission shall be
concluded and surplus funds shall be distributed in accordance with
the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if
any phrase, clause, sentence or provision is deemed unenforceable,
the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed
to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the
applicability of other interstate compacts to which the states are
members.
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of
a member state that is not inconsistent with this compact.
2. All member states' laws conflicting with this compact are
superseded to the extent of the conflict.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including
all rules and bylaws promulgated by the Interstate Commission, are
binding upon the member states.
2. All agreements between the Interstate Commission and the
member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member
state, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
member state.
House Bill No. 5963 as amended May 21, 2008
Sec.
2. <<The
(1) Subject to subsection (2), the >> governor
shall appoint this state's representative
to the interstate commission on educational opportunity for
military children created in section 1.
<<(2) The governor shall appoint as this state's representative under subsection (1) a person who meets all of the following or a person who meets subdivisions (a) and (b) and is the spouse or child of a person who meets subdivisions (c) and (d):
(a) Is a resident of this state.
(b) Is a person of good moral character.
(c) Has been honorably discharged from the armed forces of the United States after at least 15 years of active duty service.
(d) While engaged in active duty service in the armed forces of the United States, had at least 1 minor child enrolled in elementary or secondary school.
(3) As used in this section, "armed forces of the United States" means the armed forces of the United States and their reserve components and the United States coast guard.>>