[Rev. 11/21/2013 11:25:04
AM--2013]
CHAPTER 392C - INTERSTATE COMPACT ON
EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
NRS 392C.010 Enactment
of Compact; text of Compact.
NRS 392C.020 State
Council for the Coordination of the Compact; membership; terms; removal from
office; vacancies; service without compensation.
NRS 392C.030 Appointment
of liaison to assist with implementation of Compact; service without
compensation.
NRS 392C.040 Appointment
of Commissioner to administer participation of State in Compact; service
without compensation.
NRS 392C.050 Interstate
Compact on Educational Opportunity for Military Children Account; creation;
administration; uses.
NRS 392C.060 Responsibilities
of state officers, bureaus, departments and other persons; cooperation with
State Council.
NRS 392C.070 Responsibilities
of superintendents of school districts to accommodate pupil who transfers
because of military transfer of parent; cooperation with school districts of
other states to assist certain pupils in receiving high school diploma.
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NRS 392C.010 Enactment of Compact; text of Compact. The
Interstate Compact on Educational Opportunity for Military Children, set forth
in this section, is hereby enacted into law and entered into with all other
jurisdictions substantially as follows:
ARTICLE I
Purpose
It is the purpose of this Compact to remove barriers to
educational success imposed on children of military families because of
frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of
children of military families and ensuring that they are not placed at a
disadvantage due to difficulty in the transfer of educational records from the
previous school district or variations in entrance and 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 children of military families.
H. Promoting flexibility and cooperation
between the educational system, parents and students to achieve educational
success for the student.
ARTICLE II
Definitions
As used in this chapter, unless the context otherwise
requires, the words and terms defined in this Article have the meanings
ascribed to them in this Article:
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.
§§ 1209 and 1211.
B. “Child of a military family” means a
school-aged child enrolled in kindergarten or grades 1 through 12, inclusive,
in the household of a person on active duty.
C. “Compact commissioner” means the voting
representative of each compacting state appointed pursuant to Article VIII of
this Compact.
D. “Deployment” means the period 1 month
before the departure of a person on active duty from his or her home station on
military orders though 6 months after return to his or her home station.
E. “Educational records” means the
official records, files and data directly relating to a student which are
maintained by a school or local education agency, including, without
limitation, 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, results of evaluative tests,
health data, disciplinary status, test protocols and individualized education
programs.
F. “Extracurricular activities” means a
voluntary activity sponsored by a school or local education agency or an
organization sanctioned by a local education agency, including, without
limitation, preparation for and involvement in public performances, contests,
athletic competitions, demonstrations, displays and club activities.
G. “Interstate Commission” means the
Interstate Commission on Educational Opportunity for Military Children created
by Article IX of this Compact.
H. “Local education agency” means an
administrative agency legally constituted by the state to provide control of
and direction for public educational institutions for kindergarten and grades 1
through 12, inclusive.
I. “Member state” means a state that has
enacted this Compact.
J. “Military installation” means a base,
camp, post, station, yard, center or homeport facility for any ship or other
activity under the jurisdiction of the United States 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 United
States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands or
any other territory of the United States. The term does not include a facility
used primarily for civil works or river, harbor 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 and implements, interprets or prescribes a policy
or provision of this 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, including 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 United
States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and
any other territory of the United States.
P. “Student” means the child of a military
family for whom the local education agency receives public funding and who is
formally enrolled in kindergarten or grades 1 through 12, inclusive.
Q. “Transition” means the formal and
physical process of transferring from school to school or 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” means the Army,
Navy, Air Force, Marine Corps, Coast Guard or Commissioned Corps of the Public
Health Service and the National Oceanic and Atmospheric Administration.
S. “Veteran” means a person who served in
the uniformed service and who was discharged or released therefrom under
conditions other than dishonorable.
ARTICLE III
Applicability
A. Except as otherwise provided in
sections B and C, this Compact shall apply to the children of:
1. Active duty members of the
uniformed services, including members of the National Guard and Reserve on
active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211;
2. Members or veterans of the
uniformed services who are severely injured and medically discharged or retired
for a period of 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 1 year after death.
B. The provisions of this Compact shall
only apply to local education agencies.
C. The provisions of this Compact shall
not apply to the children of:
1. Inactive members of the National
Guard or military reserves;
2. Retired members of the uniformed
services, except as otherwise provided in section A;
3. Veterans of the uniformed
services, except as otherwise provided in section A; and
4. Other United States Department
of Defense personnel and other federal agency civilian and contract employees
not defined as active duty members of the uniformed services.
ARTICLE IV
Educational Records and Enrollment
A. Unofficial or “hand-carried”
educational records – If official educational records cannot be released to the
parent or legal guardian for the purpose of transfer, the custodian of the
educational records in the sending state shall prepare and furnish to the
parent or legal guardian a complete set of unofficial educational records
containing uniform information as determined by the Interstate Commission. Upon
receipt of the unofficial educational records by a school in the receiving
state, the school shall enroll and appropriately place the student based on the
information provided in the unofficial educational records pending validation
by the official records.
B. Official educational records – At the
time that a school initially enrolls and determines the placement of a student,
the school in the receiving state shall request the official educational
records of the student from the school in the sending state. Upon receipt of
this request, the school in the sending state will process and furnish the
official educational records to the school in the receiving state within 10
days or within such time as is reasonably determined under the rules
promulgated by the Interstate Commission.
C. Immunizations – Member states shall
give 30 days after the date of enrollment, or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission, for
students to obtain any immunizations required by the receiving state. For a
series of immunizations, initial vaccinations must be obtained within 30 days,
or within such time as is reasonably determined under the rules promulgated by
the Interstate Commission.
D. Kindergarten and grade 1 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 the
student’s validated level from the local education agency in the sending state.
ARTICLE V
Placement and Attendance
A. Course placement – When a student
transfers before or during the school year, the school in the receiving state
shall initially honor placement of the student in educational courses based on
the student’s enrollment in the school in the sending state or educational
assessments conducted at the school in the sending state, if the courses are
offered in the receiving state and space is available. Course placement
includes, without limitation, 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. Nothing in this section precludes the school in the
receiving state from performing subsequent evaluations to ensure the
appropriate placement and continued enrollment of the student in the
appropriate courses.
B. Educational program placement – The
school in the receiving state 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 and placement in like programs in
the sending state. Such programs include, without limitation, gifted and
talented programs and English as a second language. Nothing in this section
precludes the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
C. Special education services – In
compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§
1400 et seq., the receiving state shall initially provide comparable services
to a student with a disability based on the student’s current individualized
education program. In compliance with the requirements of section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 794, and with Title II of the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 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. Nothing in this
section precludes the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
D. Placement flexibility – The
administrative officials of the local education agency shall have flexibility
in waiving course or program prerequisites, or other preconditions for
placement in courses or programs offered under the jurisdiction of the local
education agency.
E. Absence relating to deployment
activities – A student whose parent or legal guardian is an active duty member
of the uniformed services and has been called to duty for, is on leave from or
immediately returned from deployment to a combat zone or combat support
posting, shall be granted additional excused absences at the discretion of the
superintendent of the local education agency to visit with his or her parent or
legal guardian relating to such leave or deployment.
ARTICLE VI
Eligibility
A. Eligibility for enrollment
1. A special power of attorney, for
purposes of the guardianship of a child of a military family, which is executed
pursuant to the applicable law of the jurisdiction in which the special power
of attorney is executed is sufficient for the purposes of enrolling a student
in school and for all other actions requiring participation and consent of a
parent or legal guardian of the student.
2. A local education agency shall
not charge 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 the child was enrolled while
residing with the custodial parent.
B. Eligibility for participation in
extracurricular activities – State and local education agencies shall
facilitate the opportunity for transitioning children of military families to
be included in extracurricular activities, regardless of application deadlines,
to the extent they are otherwise qualified.
ARTICLE VII
Graduation
To facilitate the on-time graduation of children of military
families, states and local education agencies shall incorporate the following
procedures:
A. Waiver requirements – The
administrative officials of the local education agency 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 of a waiver. If a waiver is not granted to a student who qualifies
to graduate from the sending school, the local education agency shall provide
an alternative means of acquiring required course work so that the student may
graduate on time.
B. Exit exams – States shall accept:
1. Exit or end-of-course exams
required for graduation from the sending state;
2. National norm-referenced
achievement tests; or
3. Alternative testing,
Ê in lieu of
tests required for graduation in the receiving state. If the alternatives set
forth in this section cannot be accommodated by the receiving state for a
student transferring during the student’s senior year, then the provisions of
section C shall apply.
C. Transfers during senior year – If a
military student transferring immediately before beginning or during the
student’s senior year is ineligible to graduate from the local education agency
of the receiving state after all alternatives have been considered pursuant to
this Article, the local education agencies of the sending state and the
receiving state shall ensure the receipt of a diploma from the local education
agency of the sending state if the student meets the graduation requirements of
the local education agency of the sending state. If the sending state or the
receiving state is not a member of this Compact, the member state shall use its
best efforts to facilitate the on-time graduation of the student in accordance
with 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 public education, a
superintendent of a school district with a high concentration of children of
military families, a representative from a military installation, one
representative each from the legislative and executive branches of government,
and other offices and stakeholder groups the member state deems appropriate. A
member state that does not have a school district deemed to contain a high
concentration of children of military families may appoint a superintendent
from another school district to represent the local education agencies of the
member state 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. A 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 Interstate Commission may
form public policy and is 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, without limitation, members of
the representative organizations of military family advocates, local education
agency officials, parent and teacher groups, the United States Department of
Defense, the Education Commission of the States, the Interstate Agreement on
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 term of 1 year. Members of the Executive
Committee shall be entitled to one vote each. The Executive Committee shall
have the power to act on behalf of the Interstate Commission, with the
exception of rulemaking, during periods when the Interstate Commission is not
in session. The Executive Committee shall oversee the day-to-day activities of
the administration of the Compact, including enforcement and compliance with
the provisions of the Compact, its bylaws and rules, and other such duties as
deemed necessary. The United States Department of Defense shall serve as an ex
officio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide
for conditions and procedures under which the Interstate Commission shall make
its information and official records available to the public for inspection or
copying. The Interstate Commission may exempt from disclosure information or
official records to the extent they would adversely affect personal privacy
rights or proprietary interests.
G. 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, when 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. 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 must be
identified in such minutes. All minutes and documents of a closed meeting must
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. The methods of data collection, exchange and reporting must,
insofar as is reasonably possible, conform to current technology and coordinate
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
of 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 member state
or a local education agency within a member state. Nothing in this section
creates a private right of action against the Interstate Commission or any
member state.
ARTICLE X
Powers and Duties of the Interstate Commission
The Interstate Commission shall have the power to:
A. Provide for dispute resolution among
the member states.
B. Promulgate rules and take all necessary
actions to effect the goals, purposes and obligations as enumerated in this
Compact. The rules must have the force and effect of statutory law and be binding
in the member states to the extent and in the manner provided in this Compact.
C. Issue, upon request of a member state,
advisory opinions concerning the meaning or interpretation of the Compact, its
bylaws, rules and actions.
D. Enforce compliance with the provisions
of the Compact, the rules promulgated by the Interstate Commission and the
bylaws, using all necessary and proper means, including, without limitation,
the use of the judicial process.
E. Establish and maintain offices which
shall be located within one or more of the member states.
F. Purchase and maintain insurance and
bonds.
G. Borrow, accept, hire or contract for
services of personnel.
H. Establish and appoint committees,
including, without limitation, an Executive Committee as required by section E
of Article IX of this Compact, which shall have the power to act on behalf of
the Interstate Commission in carrying out its powers and duties hereunder.
I. Elect or appoint officers, attorneys,
employees, agents or consultants, and to fix their compensation, define their
duties and determine their qualifications, and to establish the Interstate
Commission’s personnel policies and programs relating to conflicts of interest,
rates of compensation and qualifications of personnel.
J. Accept any and all donations and grants
of money, equipment, supplies, materials and services, and to receive, use and
dispose of them.
K. Lease, purchase or accept contributions
or donations of, or otherwise own, hold, improve or use any property, including
real, personal or mixed property.
L. Sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, including real,
personal or mixed property.
M. Establish a budget and make
expenditures.
N. Adopt a seal and bylaws governing the
management and operation of the Interstate Commission.
O. Report annually to the legislatures,
governors, judiciary and state councils of the member states concerning the
activities of the Interstate Commission during the preceding year. Such reports
must also include any recommendations that may have been adopted by the
Interstate Commission.
P. Coordinate education, training and
public awareness regarding the Compact, its implementation and operation for
officials and parents and legal guardians.
Q. Establish uniform standards for the
reporting, collecting and exchanging of data.
R. Maintain corporate books and records in
accordance with the bylaws.
S. Perform such functions as may be
necessary or appropriate to achieve the purposes of this Compact.
T. Provide for the uniform collection and
sharing of information between and among member states, schools and military
families under this Compact.
ARTICLE XI
Organization and Operation of the Interstate
Commission
A. The Interstate Commission 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,
without limitation:
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 exist upon the termination of the Compact after the payment
and reserving of all of its debts and obligations; and
7. Providing “start up” rules for
initial administration of the Compact.
B. The Interstate Commission shall, by a
majority of the members, elect annually from among its members a Chairperson, a
Vice Chairperson and a Treasurer, each of whom has the authority and duties as
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. However, 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 set forth in the bylaws, including, without
limitation:
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 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 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 employees are immune from suit and liability, either personally or
in their official capacity, for a claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of or relating
to an actual or alleged act, error or omission that occurred, or that the
Executive Director or employee had a reasonable basis for believing occurred,
within the scope of Interstate Commission employment, duties or
responsibilities. The Executive Director or an employee shall not be protected
from suit or liability for damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct on the part of the person.
1. The liability of the Interstate
Commission’s Executive Director, an employee or a representative 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 member states for the purposes of any such action.
Nothing in this subsection protects such person from suit or liability for
damage, loss, injury or liability caused by the intentional or willful and
wanton misconduct on the part of the 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 of the person.
3. To the extent not covered by the
state involved, member state or the Interstate Commission, a representative or
employee 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 person 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 person 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
the person.
ARTICLE XII
Rulemaking Functions of the Interstate
Commission
A. Rulemaking Authority – Except as
otherwise provided in this section, the Interstate Commission shall promulgate
reasonable rules to effectively and efficiently achieve the purposes of this
Compact. If the Interstate Commission exercises its rulemaking authority in a
manner that is beyond the scope of the purposes of this Compact, or the powers
granted hereunder, such an action by the Interstate Commission shall be deemed
invalid and have no force or effect.
B. Rulemaking Procedure – Rules must 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 30 days after a rule is
promulgated, any person may file a petition for judicial review of the rule.
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 must 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
1. If the Interstate Commission
determines that a member state has defaulted in the performance of its
obligations or responsibilities under this Compact, the bylaws or the rules,
the Interstate Commission shall:
a. Provide written notice to the
defaulting state and other member states of the nature of the default, the
means of curing the default and any action taken by the Interstate Commission.
The Interstate Commission shall specify the conditions by which the defaulting
state may cure its default.
b. Provide remedial training and
specific technical assistance regarding the default.
2. 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.
3. Suspension or termination of
membership in the Compact may be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend or terminate must
be given by the Interstate Commission to the Governor, the majority and
minority leaders of the defaulting state’s legislature and each of the member
states.
4. 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.
5. 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.
6. The defaulting state may appeal
the action of the Interstate Commission by petitioning the United States
District Court for the District of Columbia or the federal district where the
Interstate Commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation, including reasonable attorney’s fees.
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 nonmember states.
2. The Interstate Commission shall
promulgate a rule providing for both mediation and binding dispute resolution
for disputes as appropriate.
D. Enforcement
1. The Interstate Commission, in
the reasonable exercise of its discretion, shall enforce the provisions and
rules of this Compact.
2. The Interstate Commission 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 set forth herein
must 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
must 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 before securing the funds adequate to meet the
same and shall not pledge the credit of any of the member states, except by and
with the authority of the member state.
D. The Interstate Commission shall keep
accurate accounts of all receipts and disbursements. The receipts and
disbursements of the Interstate Commission are subject to the audit and accounting
procedures established under its bylaws. All receipts and disbursements of
funds handled by the Interstate Commission must be audited yearly by a
certified or licensed public accountant, and the report of the audit must be
included in and become part of the annual report of the Interstate Commission.
ARTICLE XV
Member States, Effective Date and Amendment
A. Any state is eligible to become a
member state.
B. Upon legislative enactment of the
Compact into law by not less than 10 states, the Compact becomes effective and
binding as to those states that have enacted the Compact. The Compact 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 before 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 each member state.
ARTICLE XVI
Withdrawal and Dissolution
A. Withdrawal
1. Once effective, the Compact
shall continue in force and remain binding upon each member state.
2. A member state may withdraw from
the Compact by repealing the statute which enacted the Compact. Withdrawal from
the Compact must not be effective less than 1 year after the effective date of
repeal of the statute and until written notice of the withdrawal has been given
by the withdrawing state to the Governor of each member state.
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 60 days after 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. A state that has withdrawn from
the Compact may be reinstated upon reenactment of the Compact by that state or
a later date, as determined by the Interstate Commission.
B. Dissolution of Compact
1. The effectiveness of this
Compact dissolves upon the date of the withdrawal or default of the member
state which reduces the membership in the Compact to one member state.
2. Upon dissolution of this
Compact, the Compact becomes null and void and shall be of no further force or
effect. The business and affairs of the Interstate Commission must be concluded
and surplus funds must be distributed in accordance with the bylaws.
ARTICLE XVII
Severability and Construction
A. The provisions of this Compact are
severable, and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the Compact remain enforceable.
B. The provisions of this Compact must be
liberally construed to effectuate its purposes.
C. Nothing in this Compact may 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 statute of a member state that is not inconsistent
with this Compact.
2. The statutes of a member state
which conflict 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 the
terms of such agreements.
3. In the event a provision of this
Compact exceeds the constitutional limits imposed on the legislature of any
member state, such provision is not effective to the extent of the conflict
with the Constitution in that member state.
(Added to NRS by 2009, 2598)
NRS 392C.020 State Council for the Coordination of the Compact; membership;
terms; removal from office; vacancies; service without compensation.
1. In furtherance of the provisions
contained in the Interstate Compact on Educational Opportunity for Military
Children, there is hereby created a State Council for the Coordination of the
Interstate Compact on Educational Opportunity for Military Children, consisting
of the following members:
(a) One representative of the Nevada National
Guard, appointed by the Governor.
(b) One representative of each military
installation in this State, appointed by the commanding officer of that
military installation.
(c) The Superintendent of Public Instruction.
(d) The superintendent of each school district in
which a military installation is located.
(e) One Legislator or other person appointed by
the Legislative Commission to represent the interests of the Legislature.
(f) One person appointed by the Governor to
represent the interests of the Governor.
2. A member of the State Council serves a
term of 2 years and until his or her successor is appointed. A member may be
reappointed.
3. A member of the State Council may be
removed from office by the appointing authority at any time.
4. A vacancy on the State Council must be
filled in the same manner as the original appointment.
5. The members of the State Council serve
without compensation and are not entitled to any per diem or travel expenses.
(Added to NRS by 2009, 2614)
NRS 392C.030 Appointment of liaison to assist with implementation of Compact;
service without compensation.
1. The State Council for the Coordination
of the Interstate Compact on Educational Opportunity for Military Children
created pursuant to NRS 392C.020 shall appoint a
liaison to assist military families and the State in facilitating the
implementation of the Interstate Compact on Educational Opportunity for
Military Children. The liaison shall carry out the duties set forth in the
Interstate Compact as may be required by the State Council.
2. The liaison appointed pursuant to this
section may be a member of the State Council appointed pursuant to NRS 392C.020 or any other person deemed appropriate
by the State Council.
3. If the liaison appointed pursuant to
this section is not a member of the State Council appointed pursuant to NRS 392C.020, the liaison shall serve as an ex
officio nonvoting member of the State Council.
4. The liaison appointed pursuant to this
section serves without compensation and is not entitled to any per diem or
travel expenses.
(Added to NRS by 2009, 2614)
NRS 392C.040 Appointment of Commissioner to administer participation of State
in Compact; service without compensation.
1. The Governor shall appoint a Commissioner
to administer and manage the participation of the State in the Interstate
Compact on Educational Opportunity for Military Children.
2. The Commissioner shall serve at the
pleasure of the Governor. The Commissioner shall:
(a) Carry out the duties set forth in the
Interstate Compact as may be required by the State Council for the Coordination
of the Interstate Compact on Educational Opportunity for Military Children; and
(b) Cooperate with all departments, agencies and
officers of and in the government of this State and its subdivisions in
facilitating the proper administration of the Compact, any supplementary
agreement thereto or agreements entered into by this State under the Interstate
Compact.
3. The Commissioner appointed pursuant to
this section may be a member of the State Council or any other person deemed
appropriate by the Governor.
4. If the Commissioner appointed pursuant
to this section is not a member of the State Council appointed pursuant to NRS 392C.020, the Commissioner shall serve as an ex
officio nonvoting member of the State Council.
5. If the Commissioner appointed pursuant
to this section is not able to attend a meeting of the Interstate Commission,
the Governor may appoint another person to attend the meeting on behalf of the
State.
6. The Commissioner appointed pursuant to
this section serves without compensation and is not entitled to any per diem or
travel expenses.
(Added to NRS by 2009, 2615)
NRS 392C.050 Interstate Compact on Educational Opportunity for Military
Children Account; creation; administration; uses.
1. Money to carry out the provisions of
this chapter must be accounted for separately in the Interstate Compact on
Educational Opportunity for Military Children Account which is hereby created.
2. The money in the Account may be used by
the State Council for the Coordination of the Interstate Compact on Educational
Opportunity for Military Children created pursuant to NRS
392C.020 to:
(a) Pay any assessments, obligations or fees to
the Interstate Commission.
(b) To meet necessary administrative expenses of
the State Council.
3. The Superintendent of Public
Instruction shall administer the Account.
4. The Superintendent of Public
Instruction may accept any gifts, grants or donations for deposit in the
Account.
5. Nothing in the provisions of NRS 392C.010 to 392C.070,
inclusive, require the Department or the board of trustees of a school district
to allocate money in addition to money available in the Account for the payment
of expenses incurred pursuant to those provisions.
(Added to NRS by 2009, 2615)
NRS 392C.060 Responsibilities of state officers, bureaus, departments and
other persons; cooperation with State Council.
1. All officers of the State are hereby
authorized and directed to do all things falling within their respective
provinces and jurisdiction necessary or incidental to the carrying out of the
Interstate Compact on Educational Opportunity for Military Children and to
accomplish the purposes thereof.
2. All officers, bureaus, departments and
persons of and in the State Government or administration of this State are
hereby authorized and directed at convenient times and upon request of the
State Council for the Coordination of the Interstate Compact on Educational
Opportunity for Military Children to furnish the State Council with information
and data possessed by them and to aid the State Council by any means lying
within their legal rights.
(Added to NRS by 2009, 2615)
NRS 392C.070 Responsibilities of superintendents of school districts to
accommodate pupil who transfers because of military transfer of parent;
cooperation with school districts of other states to assist certain pupils in
receiving high school diploma.
1. The superintendent of a school district
or the superintendent’s designee shall, in accordance with NRS 392C.010, make reasonable efforts to accommodate
a pupil who transfers to a public school in the school district from a school
inside or outside this State because of the military transfer of the parent or
legal guardian of the pupil.
2. If the superintendent of a school
district or the superintendent’s designee is not able to grant a standard high
school diploma to a pupil who transfers during grade 12 to a school in this
State from a school outside this State because of the military transfer of the
parent or legal guardian of the pupil, the superintendent or the
superintendent’s designee shall work cooperatively with the local education
agency in the state in which the pupil was previously enrolled to determine if
the pupil is eligible to receive a diploma from that local education agency
and, if the pupil is eligible, to facilitate receiving a high school diploma
from that local education agency.
(Added to NRS by 2009, 2616)
