Missouri Revised Statutes
Chapter 160
Schools--General Provisions
←160.1990
Section 160.2000.1
160.2100→
August 28, 2015
Text of compact.
160.2000. 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. "Nonmember 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
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 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, nonvoting 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. Public notice shall be given by the Interstate Commission of all
meetings and all meetings shall be open to the public, except as set forth in
the rules or as otherwise provided in the compact. The Interstate Commission
and its committees may close a meeting, or portion thereof, where it
determines by two-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel
practices and procedures;
2. Disclose matters specifically exempted from disclosure by federal and
state statute;
3. Disclose trade secrets or commercial or financial information which is
privileged or confidential;
4. Involve accusing a person of a crime, or formally censuring a person;
5. Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement purposes;
or
7. Specifically relate to the Interstate Commission's participation in a
civil action or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant to this
provision, the Interstate Commission's legal counsel or designee shall
certify that the meeting may be closed and shall reference each relevant
exemptible provision. The Interstate Commission shall keep minutes which
shall fully and clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed and the record of a
roll call vote. All documents considered in connection with an action shall
be identified in such minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release by a majority vote of the
Interstate Commission.
I. The Interstate Commission shall collect standardized data concerning
the educational transition of the children of military families under this
compact as directed through its rules which shall specify the data to be
collected, the means of collection and data exchange and reporting
requirements. Such methods of data collection, exchange and reporting shall,
in so far as is reasonably possible, conform to current technology and
coordinate its information functions with the appropriate custodian of
records as identified in the bylaws and rules.
J. The Interstate Commission shall create a process that permits military
officials, education officials and parents to inform the Interstate
Commission if and when there are alleged violations of the compact or its
rules or when issues subject to the jurisdiction of the compact or its rules
are not addressed by the state or local education agency. This section shall
not be construed to create a private right of action against the Interstate
Commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the 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.
2. The executive committee may, subject to the approval of the Interstate
Commission, appoint or retain an executive director for such period, upon
such terms and conditions and for such compensation, as the Interstate
Commission may deem appropriate. The executive director shall serve as
secretary to the Interstate Commission, but shall not be a Member of the
Interstate Commission. The executive director shall hire and supervise such
other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall
be immune from suit and liability, either personally or in their official
capacity, for a claim for damage to or loss of property or personal injury or
other civil liability caused 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 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.
(L. 2008 H.B. 1678)
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