S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5787

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to  enacting  the  inter-
  state compact on educational opportunity for military children

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 66  to
read as follows:
                               ARTICLE 66
   INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
SECTION 3300. SHORT TITLE.
        3301. PURPOSE.
        3302. DEFINITIONS.
        3303. APPLICABILITY.
        3304. EDUCATIONAL RECORDS AND ENROLLMENT.
        3305. PLACEMENT AND ATTENDANCE.
        3306. ELIGIBILITY.
        3307. GRADUATION.
        3308. STATE COORDINATION.
        3309. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILI-
                 TARY CHILDREN.
        3310. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
        3311. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
        3312. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
        3313. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.
        3314. FINANCING OF THE INTERSTATE COMMISSION.
        3315. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
        3316. WITHDRAWAL AND DISSOLUTION.
        3317. SEVERABILITY AND CONSTRUCTION.
        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".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05149-01-3

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  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
NOT LIMITED TO, PREPARATION FOR AN INVOLVEMENT IN  PUBLIC  PERFORMANCES,
CONTESTS,  ATHLETIC  COMPETITIONS,  DEMONSTRATIONS,  DISPLAYS,  AND CLUB
ACTIVITIES.

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  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:
  (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;

A. 5787                             4

  (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
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

A. 5787                             5

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
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

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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.
  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

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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
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

A. 5787                             8

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.
  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

A. 5787                             9

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;
  (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;

A. 5787                            10

  (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
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

A. 5787                            11

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.
  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

A. 5787                            12

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
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.

A. 5787                            13

  (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-
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.

A. 5787                            14

  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 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

A. 5787                            15

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.