AMENDMENT FOR PRINTED BILL
125cc
___________________ moved that SB 125 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. The Interstate Compact on Educational Opportunity for Military Children
is hereby enacted and entered into with any and all states legally joining therein 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 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, 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. 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/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 1 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 noncustodial 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 noncustodial 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 1 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. 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. 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. 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 1 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 State 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 nonmember 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.
Section 2. The members of the South Dakota State Council for the Interstate Compact on
Educational Opportunity for Military Children are as follows:
(1) The secretary of the Department of Education;
(2) The superintendent of a school district with a high concentration of military children
appointed by the secretary of education;
(3) A representative from a military installation appointed by the Governor;
(4) One member of the Senate appointed by the Executive Board of the Legislative
Research Council;
(5) One member of the House of Representatives appointed by the Executive Board of
the Legislative Research Council;
(6) A representative of the executive branch of state government appointed by the
Governor; and
(7) The compact commissioner appointed by the Governor who shall be responsible for
the administration and management of the state's participation in the compact.
The initial appointments shall be made no later than thirty days after the effective date of
this Act. If a vacancy occurs, it shall be filled in the same manner as the original appointment.
Section 3. The state council shall appoint a military family education liaison to assist
military families and the state in facilitating the implementation of this compact."