LBD05149-01-3
S. 1213 2
3318. BINDING EFFECT OF COMPACT AND OTHER LAWS.
S 3300. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHIL-
DREN".
S 3301. 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:
1. FACILITATING THE TIMELY ENROLLMENT OF CHILDREN OF MILITARY FAMILIES
AND ENSURING THAT THEY ARE NOT PLACED AT A DISADVANTAGE DUE TO DIFFICUL-
TY IN THE TRANSFER OF EDUCATION RECORDS FROM THE PREVIOUS SCHOOL
DISTRICT OR DISTRICTS OR VARIATIONS IN ENTRANCE/AGE REQUIREMENTS.
2. 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 ASSESS-
MENT.
3. FACILITATING THE QUALIFICATION AND ELIGIBILITY FOR ENROLLMENT,
EDUCATIONAL PROGRAMS, AND PARTICIPATION IN EXTRACURRICULAR ACADEMIC,
ATHLETIC, AND SOCIAL ACTIVITIES.
4. FACILITATING THE ON-TIME GRADUATION OF CHILDREN OF MILITARY FAMI-
LIES.
5. PROVIDING FOR THE PROMULGATION AND ENFORCEMENT OF ADMINISTRATIVE
RULES IMPLEMENTING THE PROVISIONS OF THIS COMPACT.
6. PROVIDING FOR THE UNIFORM COLLECTION AND SHARING OF INFORMATION
BETWEEN AND AMONG MEMBER STATES, SCHOOLS AND MILITARY FAMILIES UNDER
THIS COMPACT.
7. PROMOTING COORDINATION BETWEEN THIS COMPACT AND OTHER COMPACTS
AFFECTING MILITARY CHILDREN.
8. PROMOTING FLEXIBILITY AND COOPERATION BETWEEN THE EDUCATIONAL
SYSTEM, PARENTS AND THE STUDENT IN ORDER TO ACHIEVE EDUCATIONAL SUCCESS
FOR THE STUDENT.
S 3302. DEFINITIONS. AS USED IN THIS COMPACT, UNLESS THE CONTEXT
CLEARLY REQUIRES A DIFFERENT MEANING:
1. "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. SECTIONS 1209
AND 1211.
2. "CHILDREN OF MILITARY FAMILIES" MEANS A SCHOOL-AGED CHILD OR CHIL-
DREN, ENROLLED IN KINDERGARTEN THROUGH TWELFTH GRADE, IN THE HOUSEHOLD
OF AN ACTIVE DUTY MEMBER.
3. "COMPACT COMMISSIONER" MEANS THE VOTING REPRESENTATIVE OF EACH
COMPACTING STATE APPOINTED PURSUANT TO SECTION THIRTY-THREE HUNDRED NINE
OF THIS ARTICLE.
4. "DEPLOYMENT" MEANS THE PERIOD ONE MONTH PRIOR TO THE SERVICE
MEMBERS' DEPARTURE FROM THEIR HOME STATION ON MILITARY ORDERS THROUGH
SIX MONTHS AFTER RETURN TO THEIR HOME STATION.
5. "EDUCATION RECORDS" OR "EDUCATIONAL RECORDS" MEANS THOSE OFFICIAL
RECORDS, FILES, AND DATA DIRECTLY RELATED TO A STUDENT AND MAINTAINED BY
THE SCHOOL OR LOCAL EDUCATION AGENCY, INCLUDING BUT NOT LIMITED TO
RECORDS ENCOMPASSING ALL THE MATERIAL KEPT IN THE STUDENT'S CUMULATIVE
FOLDER SUCH AS GENERAL IDENTIFYING DATA, RECORDS OF ATTENDANCE AND OF
ACADEMIC WORK COMPLETED, RECORDS OF ACHIEVEMENT AND RESULTS OF EVALUA-
TIVE TESTS, HEALTH DATA, DISCIPLINARY STATUS, TEST PROTOCOLS, AND INDI-
VIDUALIZED EDUCATION PROGRAMS.
6. "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
S. 1213 3
NOT LIMITED TO, PREPARATION FOR AN INVOLVEMENT IN PUBLIC PERFORMANCES,
CONTESTS, ATHLETIC COMPETITIONS, DEMONSTRATIONS, DISPLAYS, AND CLUB
ACTIVITIES.
7. "INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY
CHILDREN" MEANS THE COMMISSION THAT IS CREATED UNDER SECTION
THIRTY-THREE HUNDRED NINE OF THIS ARTICLE, WHICH IS GENERALLY REFERRED
TO IN THIS ARTICLE AS THE "INTERSTATE COMMISSION".
8. "LOCAL EDUCATION AGENCY" MEANS A PUBLIC AUTHORITY LEGALLY CONSTI-
TUTED BY THE STATE AS AN ADMINISTRATIVE AGENCY TO PROVIDE CONTROL OF AND
DIRECTION FOR KINDERGARTEN THROUGH TWELFTH GRADE PUBLIC EDUCATIONAL
INSTITUTIONS.
9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THIS COMPACT.
10. "MILITARY INSTALLATION" MEANS A BASE, CAMP, POST, STATION, YARD,
CENTER, HOMEPORT FACILITY FOR ANY SHIP, OR OTHER ACTIVITY UNDER THE
JURISDICTION OF THE DEPARTMENT OF DEFENSE, INCLUDING ANY LEASED FACILI-
TY, 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 AND ANY
OTHER UNITED STATES TERRITORY. SUCH TERM DOES NOT INCLUDE ANY FACILITY
USED PRIMARILY FOR CIVIL WORKS, RIVERS AND HARBORS PROJECTS, OR FLOOD
CONTROL PROJECTS.
11. "NON-MEMBER STATE" MEANS A STATE THAT HAS NOT ENACTED THIS
COMPACT.
12. "RECEIVING STATE" MEANS THE STATE TO WHICH A CHILD OF A MILITARY
FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
13. "RULE" MEANS A WRITTEN STATEMENT BY THE INTERSTATE COMMISSION
PROMULGATED PURSUANT TO SECTION THIRTY-THREE HUNDRED TWELVE OF THIS
ARTICLE 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.
14. "SENDING STATE" MEANS THE STATE FROM WHICH A CHILD OF A MILITARY
FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
15. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA, THE COMMONWEALTH OF PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS,
GUAM, AMERICAN SAMOA, THE NORTHERN MARIANAS ISLANDS AND ANY OTHER UNITED
STATES TERRITORY.
16. "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 GRADE.
17. "TRANSITION" MEANS (A) THE FORMAL AND PHYSICAL PROCESS OF TRANS-
FERRING FROM SCHOOL TO SCHOOL AS A RESULT OF MILITARY ORDERS OR (B) THE
PERIOD OF TIME IN WHICH A STUDENT MOVES FROM ONE SCHOOL IN THE SENDING
STATE TO ANOTHER SCHOOL IN THE RECEIVING STATE.
18. "UNIFORMED SERVICE" OR "UNIFORMED SERVICES" MEANS THE ARMY, NAVY,
AIR FORCE, MARINE CORPS, COAST GUARD AS WELL AS THE COMMISSIONED CORPS
OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, AND PUBLIC
HEALTH SERVICES.
19. "VETERAN" MEANS A PERSON WHO SERVED IN THE UNIFORMED SERVICES AND
WHO WAS DISCHARGED OR RELEASED THEREFROM UNDER CONDITIONS OTHER THAN
DISHONORABLE.
S 3303. APPLICABILITY. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
TWO OF THIS SECTION, THIS COMPACT SHALL APPLY TO THE CHILDREN OF:
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(A) 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. SECTIONS 1209 AND 1211;
(B) MEMBERS OR VETERANS OF THE UNIFORMED SERVICES WHO ARE SEVERELY
INJURED AND MEDICALLY DISCHARGED OR RETIRED FOR A PERIOD OF ONE YEAR
AFTER MEDICAL DISCHARGE OR RETIREMENT; AND
(C) MEMBERS OF THE UNIFORMED SERVICES WHO DIE ON ACTIVE DUTY OR AS A
RESULT OF INJURIES SUSTAINED ON ACTIVE DUTY FOR A PERIOD OF ONE YEAR
AFTER DEATH.
2. THE PROVISIONS OF THIS INTERSTATE COMPACT SHALL ONLY APPLY TO LOCAL
EDUCATION AGENCIES AS DEFINED IN THIS COMPACT.
3. THE PROVISIONS OF THIS COMPACT SHALL NOT APPLY TO THE CHILDREN OF:
(A) INACTIVE MEMBERS OF THE NATIONAL GUARD AND MILITARY RESERVES;
(B) MEMBERS OF THE UNIFORMED SERVICES NOW RETIRED, EXCEPT AS PROVIDED
IN SUBDIVISION ONE OF THIS SECTION;
(C) VETERANS OF THE UNIFORMED SERVICES, EXCEPT AS PROVIDED IN SUBDIVI-
SION ONE OF THIS SECTION; AND
(D) 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.
S 3304. EDUCATIONAL RECORDS AND ENROLLMENT. 1. IN THE EVENT THAT OFFI-
CIAL 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 APPRO-
PRIATELY PLACE THE STUDENT BASED ON THE INFORMATION PROVIDED IN THE
UNOFFICIAL RECORDS PENDING VALIDATION BY THE OFFICIAL RECORDS, AS QUICK-
LY AS POSSIBLE.
2. 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 RECEIV-
ING STATE WITHIN TEN DAYS OR WITHIN SUCH TIME AS IS REASONABLY DETER-
MINED UNDER THE RULES PROMULGATED BY THE INTERSTATE COMMISSION.
3. COMPACTING STATES SHALL GIVE THIRTY DAYS FROM THE DATE OF ENROLL-
MENT 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 IMMUNIZA-
TIONS, INITIAL VACCINATIONS MUST BE OBTAINED WITHIN THIRTY DAYS OR WITH-
IN SUCH TIME AS IS REASONABLY DETERMINED UNDER THE RULES PROMULGATED BY
THE INTERSTATE COMMISSION.
4. 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.
S 3305. PLACEMENT AND ATTENDANCE. 1. WHEN THE STUDENT TRANSFERS BEFORE
OR DURING THE SCHOOL YEAR, THE RECEIVING STATE SCHOOL SHALL INITIALLY
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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 PLACE-
MENT. 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 COURSES.
2. 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, GIFTED AND TALENTED PROGRAMS AND ENGLISH AS A SECOND
LANGUAGE. THIS DOES NOT PRECLUDE THE SCHOOL IN THE RECEIVING STATE FROM
PERFORMING SUBSEQUENT EVALUATIONS TO ENSURE APPROPRIATE PLACEMENT OF THE
STUDENT.
3. (A) IN COMPLIANCE WITH THE FEDERAL REQUIREMENTS OF THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT, 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 OR HER CURRENT INDIVIDUALIZED EDUCATION
PROGRAM; AND
(B) IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 504 OF THE REHABIL-
ITATION 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 EDUCA-
TION. THIS DOES NOT PRECLUDE THE SCHOOL IN THE RECEIVING STATE FROM
PERFORMING SUBSEQUENT EVALUATIONS TO ENSURE APPROPRIATE PLACEMENT OF THE
STUDENT.
4. LOCAL EDUCATION AGENCY ADMINISTRATIVE OFFICIALS SHALL HAVE FLEXI-
BILITY IN WAIVING COURSE OR PROGRAM PREREQUISITES, OR OTHER PRECONDI-
TIONS FOR PLACEMENT IN COURSES OR PROGRAMS OFFERED UNDER THE JURISDIC-
TION OF THE LOCAL EDUCATION AGENCY.
5. 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.
S 3306. ELIGIBILITY. 1. (A) 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.
(B) A LOCAL EDUCATION AGENCY SHALL BE PROHIBITED FROM CHARGING LOCAL
TUITION TO A TRANSITIONING MILITARY CHILD PLACED IN THE CARE OF A
NON-CUSTODIAL PARENT OR OTHER PERSON STANDING IN LOCO PARENTIS WHO LIVES
IN A JURISDICTION OTHER THAN THAT OF THE CUSTODIAL PARENT.
(C) A TRANSITIONING MILITARY CHILD, PLACED IN THE CARE OF A NON-CUSTO-
DIAL PARENT OR OTHER PERSON STANDING IN LOCO PARENTIS WHO LIVES IN A
JURISDICTION OTHER THAN THAT OF THE CUSTODIAL PARENT, MAY CONTINUE TO
S. 1213 6
ATTEND THE SCHOOL IN WHICH HE OR SHE WAS ENROLLED WHILE RESIDING WITH
THE CUSTODIAL PARENT.
2. 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.
S 3307. GRADUATION. IN ORDER TO FACILITATE THE ON-TIME GRADUATION OF
CHILDREN OF MILITARY FAMILIES, STATES AND LOCAL EDUCATION AGENCIES SHALL
INCORPORATE THE FOLLOWING PROCEDURES:
1. LOCAL EDUCATION AGENCY ADMINISTRATIVE OFFICIALS SHALL WAIVE SPECIF-
IC COURSES REQUIRED FOR GRADUATION IF SIMILAR COURSEWORK HAS BEEN SATIS-
FACTORILY 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.
2. STATES SHALL ACCEPT (A) EXIT OR END-OF-COURSE EXAMS REQUIRED FOR
GRADUATION FROM THE SENDING STATE, (B) NATIONAL NORM REFERENCED ACHIEVE-
MENT TESTS OR (C) ALTERNATIVE TESTING, IN LIEU OF TESTING REQUIREMENTS
FOR GRADUATION IN THE RECEIVING STATE. IN THE EVENT THE ABOVE ALTERNA-
TIVES CANNOT BE ACCOMMODATED BY THE RECEIVING STATE FOR A STUDENT TRANS-
FERRING IN HIS OR HER SENIOR YEAR, THEN THE PROVISIONS OF SUBDIVISION
THREE OF THIS SECTION SHALL APPLY.
3. 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 SUBDIVISIONS ONE
AND TWO OF THIS SECTION.
S 3308. STATE COORDINATION. 1. 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 ACTIV-
ITIES. WHILE EACH MEMBER STATE MAY DETERMINE THE MEMBERSHIP OF ITS OWN
STATE COUNCIL, ITS MEMBERSHIP MUST INCLUDE AT LEAST THE STATE SUPER-
INTENDENT 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 CHIL-
DREN MAY APPOINT A SUPERINTENDENT FROM ANOTHER SCHOOL DISTRICT TO REPRE-
SENT LOCAL EDUCATION AGENCIES ON THE STATE COUNCIL.
2. 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.
3. 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.
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4. 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.
S 3309. 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:
1. 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.
2. CONSIST OF ONE INTERSTATE COMMISSION VOTING REPRESENTATIVE FROM
EACH MEMBER STATE WHO SHALL BE THAT STATE'S COMPACT COMMISSIONER.
(A) EACH MEMBER STATE REPRESENTED AT A MEETING OF THE INTERSTATE
COMMISSION IS ENTITLED TO ONE VOTE.
(B) 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.
(C) 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 SPEC-
IFIED MEETING.
(D) THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE COMMISSION
TO BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
3. CONSIST OF EX-OFFICIO, NON-VOTING REPRESENTATIVES WHO ARE MEMBERS
OF INTERESTED ORGANIZATIONS. SUCH EX-OFFICIO MEMBERS, AS DEFINED IN THE
BYLAWS, MAY INCLUDE BUT NOT BE LIMITED TO, MEMBERS OF THE REPRESENTATIVE
ORGANIZATIONS OF MILITARY FAMILY ADVOCATES, LOCAL EDUCATION AGENCY OFFI-
CIALS, PARENT AND TEACHER GROUPS, THE UNITED STATES DEPARTMENT OF
DEFENSE, THE EDUCATION COMMISSION OF THE STATES, THE INTERSTATE AGREE-
MENT ON THE QUALIFICATION OF EDUCATIONAL PERSONNEL AND OTHER INTERSTATE
COMPACTS AFFECTING THE EDUCATION OF CHILDREN OF MILITARY MEMBERS.
4. 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.
5. 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 EXECU-
TIVE 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 COMMIS-
SION 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, NON-VOTING
MEMBER OF THE EXECUTIVE COMMITTEE.
6. ESTABLISH BYLAWS AND RULES THAT PROVIDE FOR CONDITIONS AND PROCE-
DURES 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
S. 1213 8
OFFICIAL RECORDS TO THE EXTENT THEY WOULD ADVERSELY AFFECT PERSONAL
PRIVACY RIGHTS OR PROPRIETARY INTERESTS.
7. GIVE PUBLIC NOTICE OF ALL MEETINGS AND ALL MEETINGS SHALL BE OPEN
TO THE PUBLIC, EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE PROVIDED
IN THE COMPACT. THE INTERSTATE COMMISSION AND ITS COMMITTEES MAY CLOSE A
MEETING, OR PORTION THEREOF, WHERE IT DETERMINES BY TWO-THIRDS VOTE THAT
AN OPEN MEETING WOULD BE LIKELY TO:
(A) RELATE SOLELY TO THE INTERSTATE COMMISSION'S INTERNAL PERSONNEL
PRACTICES AND PROCEDURES;
(B) DISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL
AND STATE STATUTE;
(C) DISCLOSE TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
WHICH IS PRIVILEGED OR CONFIDENTIAL;
(D) INVOLVE ACCUSING A PERSON OF A CRIME, OR FORMALLY CENSURING A
PERSON;
(E) DISCLOSE INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD
CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
(F) DISCLOSE INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES; OR
(G) SPECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S PARTICIPATION
IN A CIVIL ACTION OR OTHER LEGAL PROCEEDING.
8. SHALL CAUSE ITS LEGAL COUNSEL OR DESIGNEE TO CERTIFY THAT A MEETING
MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTIBLE PROVISION FOR
ANY MEETING, OR PORTION OF A MEETING, WHICH IS CLOSED PURSUANT TO THIS
PROVISION. THE INTERSTATE COMMISSION SHALL KEEP MINUTES WHICH SHALL
FULLY AND CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL
PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS
THEREFOR, 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 MAJOR-
ITY VOTE OF THE INTERSTATE COMMISSION.
9. SHALL COLLECT STANDARDIZED DATA CONCERNING THE EDUCATIONAL TRANSI-
TION 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 IDEN-
TIFIED IN THE BYLAWS AND RULES.
10. 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.
S 3310. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
COMMISSION SHALL HAVE THE FOLLOWING POWERS:
1. TO PROVIDE FOR DISPUTE RESOLUTION AMONG MEMBER STATES.
2. 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.
S. 1213 9
3. TO ISSUE, UPON REQUEST OF A MEMBER STATE, ADVISORY OPINIONS
CONCERNING THE MEANING OR INTERPRETATION OF THE INTERSTATE COMPACT, ITS
BYLAWS, RULES AND ACTIONS.
4. 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.
5. TO ESTABLISH AND MAINTAIN OFFICES WHICH SHALL BE LOCATED WITHIN ONE
OR MORE OF THE MEMBER STATES.
6. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS.
7. TO BORROW, ACCEPT, HIRE OR CONTRACT FOR SERVICES OF PERSONNEL.
8. TO ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO,
AN EXECUTIVE COMMITTEE AS REQUIRED BY SUBDIVISION FIVE OF SECTION THIR-
TY-THREE HUNDRED NINE OF THIS ARTICLE WHICH SHALL HAVE THE POWER TO ACT
ON BEHALF OF THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND
DUTIES HEREUNDER.
9. 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 COMMIS-
SION'S PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTER-
EST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL.
10. TO ACCEPT ANY AND ALL DONATIONS AND GRANTS OF MONEY, EQUIPMENT,
SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE
OF IT.
11. TO LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE ANY PROPERTY, REAL, PERSONAL, OR
MIXED.
12. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR
OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL OR MIXED.
13. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES.
14. TO ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION
OF THE INTERSTATE COMMISSION.
15. 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.
16. TO COORDINATE EDUCATION, TRAINING AND PUBLIC AWARENESS REGARDING
THE COMPACT, ITS IMPLEMENTATION AND OPERATION FOR OFFICIALS AND PARENTS
INVOLVED IN SUCH ACTIVITY.
17. TO ESTABLISH UNIFORM STANDARDS FOR THE REPORTING, COLLECTING AND
EXCHANGING OF DATA.
18. TO MAINTAIN CORPORATE BOOKS AND RECORDS IN ACCORDANCE WITH THE
BYLAWS.
19. TO PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THIS COMPACT.
20. TO PROVIDE FOR THE UNIFORM COLLECTION AND SHARING OF INFORMATION
BETWEEN AND AMONG MEMBER STATES, SCHOOLS AND MILITARY FAMILIES UNDER
THIS COMPACT.
S 3311. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION. 1.
THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF THE MEMBERS PRESENT
AND VOTING, WITHIN TWELVE 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:
(A) ESTABLISHING THE FISCAL YEAR OF THE INTERSTATE COMMISSION;
S. 1213 10
(B) ESTABLISHING AN EXECUTIVE COMMITTEE, AND SUCH OTHER COMMITTEES AS
MAY BE NECESSARY;
(C) PROVIDING FOR THE ESTABLISHMENT OF COMMITTEES AND FOR GOVERNING
ANY GENERAL OR SPECIFIC DELEGATION OF AUTHORITY OR FUNCTION OF THE
INTERSTATE COMMISSION;
(D) PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
INGS OF THE INTERSTATE COMMISSION, AND ENSURING REASONABLE NOTICE OF
EACH SUCH MEETING;
(E) ESTABLISHING THE TITLES AND RESPONSIBILITIES OF THE OFFICERS AND
STAFF OF THE INTERSTATE COMMISSION;
(F) PROVIDING A MECHANISM FOR CONCLUDING THE OPERATIONS OF THE INTER-
STATE COMMISSION AND THE RETURN OF SURPLUS FUNDS THAT MAY EXIST UPON THE
TERMINATION OF THE COMPACT AFTER THE PAYMENT AND RESERVING OF ALL OF ITS
DEBTS AND OBLIGATIONS; AND
(G) PROVIDING "START UP" RULES FOR INITIAL ADMINISTRATION OF THE
COMPACT.
2. 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 MEET-
INGS 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 OFFI-
CERS SHALL BE REIMBURSED FOR ORDINARY AND NECESSARY COSTS AND EXPENSES
INCURRED BY THEM IN THE PERFORMANCE OF THEIR RESPONSIBILITIES AS OFFI-
CERS OF THE INTERSTATE COMMISSION.
3. (A) THE EXECUTIVE COMMITTEE SHALL HAVE SUCH AUTHORITY AND DUTIES AS
MAY BE SET FORTH IN THE BYLAWS, INCLUDING BUT NOT LIMITED TO:
(I) MANAGING THE AFFAIRS OF THE INTERSTATE COMMISSION IN A MANNER
CONSISTENT WITH THE BYLAWS AND PURPOSES OF THE INTERSTATE COMMISSION;
(II) 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
(III) 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.
(B) THE EXECUTIVE COMMITTEE MAY, SUBJECT TO THE APPROVAL OF THE INTER-
STATE COMMISSION, APPOINT OR RETAIN AN EXECUTIVE DIRECTOR FOR SUCH PERI-
OD, 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.
4. THE INTERSTATE COMMISSION'S EXECUTIVE DIRECTOR AND ITS EMPLOYEES
SHALL BE IMMUNE FROM ANY ACTION TAKEN REASONABLY AND IN GOOD FAITH WHICH
RESULTS IN 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
S. 1213 11
FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY THE INTENTIONAL OR
WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
(A) 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 SECTION SHALL BE CONSTRUED TO PROTECT
SUCH PERSON FROM SUIT OR LIABILITY FOR DAMAGE, LOSS, INJURY, OR LIABIL-
ITY CAUSED BY THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH
PERSON.
(B) 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 LIABIL-
ITY 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.
(C) 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 SETTLE-
MENT 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 EMPLOY-
MENT, 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.
S 3312. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION. 1. 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 ARTICLE, OR THE POWERS GRANTED HEREUNDER, THEN
SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO
FORCE OR EFFECT.
2. RULES SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT SUBSTAN-
TIALLY CONFORMS TO SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE
PROCEDURE ACT AS MAY BE APPROPRIATE TO THE OPERATIONS OF THE INTERSTATE
COMMISSION.
3. NOT LATER THAN THIRTY DAYS AFTER A RULE IS PROMULGATED, ANY PERSON
MAY FILE A PETITION FOR JUDICIAL REVIEW OF THE RULE; PROVIDED, THAT THE
FILING OF SUCH A PETITION SHALL NOT STAY OR OTHERWISE PREVENT THE RULE
FROM BECOMING EFFECTIVE UNLESS THE COURT FINDS THAT THE PETITIONER HAS A
SUBSTANTIAL LIKELIHOOD OF SUCCESS. THE COURT SHALL GIVE DEFERENCE TO THE
ACTIONS OF THE INTERSTATE COMMISSION CONSISTENT WITH APPLICABLE LAW AND
SHALL NOT FIND THE RULE TO BE UNLAWFUL IF THE RULE REPRESENTS A REASON-
ABLE EXERCISE OF THE INTERSTATE COMMISSION'S AUTHORITY.
S. 1213 12
4. 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.
S 3313. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION. 1. (A) 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 HERE-
UNDER SHALL HAVE STANDING AS STATUTORY LAW.
(B) ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE PERTAIN-
ING TO THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
(C) 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 PROC-
ESS TO THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE INTERSTATE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
2. 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:
(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
MUST CURE ITS DEFAULT.
(B) PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE
REGARDING THE DEFAULT.
(C) 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.
(D) 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.
(E) 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.
(F) 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.
(G) 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
S. 1213 13
AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE ATTORNEY'S
FEES.
3. (A) 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.
(B) THE INTERSTATE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR
BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRI-
ATE.
4. (A) THE INTERSTATE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
(B) 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 PRINCI-
PAL 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.
(C) 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 PROFES-
SION.
S 3314. FINANCING OF THE INTERSTATE COMMISSION. 1. THE INTERSTATE
COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF THE REASONABLE
EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING ACTIVITIES.
2. THE INTERSTATE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL ASSESS-
MENT 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 INTER-
STATE COMMISSION, WHICH SHALL PROMULGATE A RULE BINDING UPON ALL MEMBER
STATES.
3. 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.
4. THE INTERSTATE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
RECEIPTS AND DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE INTER-
STATE 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 BE AUDITED YEARLY BY A
CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE REPORT OF THE AUDIT
SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL REPORT OF THE INTER-
STATE COMMISSION.
S 3315. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. 1. ANY STATE IS
ELIGIBLE TO BECOME A MEMBER STATE.
2. THE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN TEN OF THE STATES.
THEREAFTER IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER MEMBER
STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT STATE. THE GOVER-
NORS OF NON-MEMBER STATES OR THEIR DESIGNEES SHALL BE INVITED TO PARTIC-
S. 1213 14
IPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON A NONVOTING
BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
3. 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.
S 3316. WITHDRAWAL AND DISSOLUTION. 1. (A) ONCE EFFECTIVE, THE COMPACT
SHALL CONTINUE IN FORCE AND REMAIN BINDING UPON EACH AND EVERY MEMBER
STATE; PROVIDED THAT A MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY
SPECIFICALLY REPEALING THE STATUTE, WHICH ENACTED THE COMPACT INTO LAW.
(B) WITHDRAWAL FROM THIS COMPACT SHALL BE BY THE ENACTMENT OF A STAT-
UTE REPEALING THE SAME, BUT SHALL NOT TAKE EFFECT UNTIL ONE YEAR AFTER
THE EFFECTIVE DATE OF SUCH STATUTE AND UNTIL WRITTEN NOTICE OF THE WITH-
DRAWAL HAS BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR OF EACH
OTHER MEMBER JURISDICTION.
(C) THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF
THE INTERSTATE COMMISSION IN WRITING UPON THE INTRODUCTION OF LEGIS-
LATION REPEALING THIS COMPACT IN THE WITHDRAWING STATE. THE INTERSTATE
COMMISSION SHALL NOTIFY THE OTHER MEMBER STATES OF THE WITHDRAWING
STATE'S INTENT TO WITHDRAW WITHIN SIXTY DAYS OF ITS RECEIPT THEREOF.
(D) THE WITHDRAWING STATE IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLI-
GATIONS AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF WITH-
DRAWAL, INCLUDING OBLIGATIONS, THE PERFORMANCE OF WHICH EXTEND BEYOND
THE EFFECTIVE DATE OF WITHDRAWAL.
(E) 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.
2. (A) THIS COMPACT SHALL DISSOLVE EFFECTIVE UPON THE DATE OF THE
WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES THE MEMBERSHIP
IN THE COMPACT TO ONE MEMBER STATE.
(B) 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.
S 3317. SEVERABILITY AND CONSTRUCTION. 1. 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.
2. THE PROVISIONS OF THIS COMPACT SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE ITS PURPOSES.
3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT THE APPLICA-
BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
S 3318. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1. (A) NOTHING HERE-
IN PREVENTS THE ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS
NOT INCONSISTENT WITH THIS COMPACT.
(B) ALL MEMBER STATES' LAWS CONFLICTING WITH THIS COMPACT ARE SUPER-
SEDED TO THE EXTENT OF THE CONFLICT.
2. (A) ALL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION, INCLUDING ALL
RULES AND BYLAWS PROMULGATED BY THE INTERSTATE COMMISSION, ARE BINDING
UPON THE MEMBER STATES.
(B) ALL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND THE MEMBER
STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
(C) IN THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE CONSTITU-
TIONAL 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.
S. 1213 15
S 2. This act shall take effect immediately; provided that the commis-
sioner of education shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of the interstate compact on
educational opportunity for military children, as added by section one
of this act, by the tenth state as provided for in section 3315 of such
compact in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.
