KRS 156.730: Interstate Compact on Educational Opportunity for Military Children.

ARTICLE I

Purpose

It is the purpose of this compact to remove barriers to educational success imposed on

children of military families because of frequent moves and deploy ment of their parents

by:

A. Facilitating the timely enrollment of children of military families and ensuring that

they are not placed at a disadvantage due to difficulty in the transfer of education

records from the previous school district(s) or variatio ns in entrance/age

requirements;

B. Facilitating the student placement process through which children of military

families are not disadvantaged by variations in attendance requirements,

scheduling, sequencing, grading, course content, or assessment;

C. Facilitating the qualification and eligibility for enrollment, educational programs,

and participation in extracurricular academic, athletic, and social activities;

D. Facilitating the on-time graduation of children of military families;

E. Providing for pro mulgation and enforcement of administrative rules implementing

the provisions of this compact;

F. Providing for the uniform collection and sharing of information between and among

member states, schools, and military families under this compact;

G. Promoting coordination between this compact and other compacts affecting military

children; and

H. Promoting flexibility and cooperation between the educational system, parents, and

students in order to achieve educational success for students.

ARTICLE II

Definitions

As used in this compact, unless the context clearly requires a different construction:

A. "Active duty" means full-time duty status in the active uniformed service of the

United States, including members of the National Guard and Reserve on active duty

orders pursuant to 10 U.S.C. chs. 1209 and 1211;

B. "Children of military families" means a school -aged child or children enrolled in

kindergarten through twelfth (12th) grade, in the household of an active duty

member;

C. "Compact commissioner" means the voting representative of each compacting state

appointed pursuant to Article VIII of this compact;

D. "Deployment" means the period of one (1) month prior to a service member's

departure from his or her home station on military orders through six (6) months

after return to the home station;

E. "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 academ ic work

completed, records of achievement and results of evaluative tests, health data,

disciplinary status, test protocols, and individualized education programs;

F. "Extracurricular activities" means a voluntary activity sponsored by the school or

local education agency or an organization sanctioned by the local education agency.

Extracurricular activities include but are not limited to preparation for and

involvement in public performances, contests, athletics competitions,

demonstrations, displays, and club activities;

G. "Interstate Commission on Educational Opportunity for Military Children" means

the commission created under Article IX of this compact, which is generally

referred to as "Interstate Commission";

H. "Local education agency" means a publi c authority legally constituted by the state

as an administrative agency to provide control of and direction for kindergarten

through twelfth (12th) grade public educational institutions;

I. "Member state" means a state that has enacted this compact;

J. "Military installation" means a base, camp, post, station, yard, center, homeport

facility for any ship, or other activity under the jurisdiction of the Department of

Defense, including any leased facility, which is located within any of the several

States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin

Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S.

Territory. Such term does not include any facility used primarily for civil works,

rivers, and harbor projects, or flood control projects;

K. "Non-member state" means a state that has not enacted this compact;

L. "Receiving state" means the state to which a child of a military family is sent,

brought, or caused to be sent or brought;

M. "Rule" means a wri tten statement by the Interstate Commission promulgated

pursuant to Article XII of this compact that is of general applicability, implements,

interprets, or prescribes a policy of the compact, or an organizational, procedural, or

practice requirement of th e Interstate Commission, and has the force and effect of

statutory law in a member state, and includes the amendment, repeal, or suspension

of an existing rule;

N. "Sending state" means the state from which a child of a military family is sent,

brought, or caused to be sent or brought;

O. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,

the Northern Marianas Islands, and any other U.S. Territory;

P. "Student" means the child of a military family for whom the local education agency

receives public funding and who is formally enrolled in kindergarten through

twelfth (12th) grade;

Q. "Transition" means the formal and physical process of transferring from school to

school or the period of time in which a student moves from one school in the

sending state to another school in the receiving state;

R. "Uniformed service(s)" means the Army, Navy, Air Force, Marine Corps, and

Coast Guard, as well as the Commissioned Co rps of the National Oceanic and

Atmospheric Administration, and Public Health Services; and

S. "Veteran" means a person who served in the uniformed services and who was

discharged or released therefrom under conditions other than dishonorable.

ARTICLE III

Applicability

A. Except as otherwise provided in this section, this compact shall apply to the

children of:

1. Active duty members of the uniformed services as defined in this compact,

including members of the National Guard and Reserve on active duty orde rs

pursuant to 10 U.S.C. chs. 1209 and 1211;

2. Members or veterans of the uniformed services who are severely injured and

medically discharged or retired for a period of one (1) year after medical

discharge or retirement; and

3. Members of the uniformed s ervices who die on active duty or as a result of

injuries sustained on active duty for a period of one (1) year after death.

B. The provisions of this interstate compact shall only apply to local education

agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

1. Inactive members of the National Guard and Military Reserves;

2. Members of the uniformed services now retired, except as provided for in this

section;

3. Veterans of the uniformed services, except as provided for in this section; and

4. Other U.S. Department of Defense personnel and other federal agency civilian

and contract employees not defined as active duty members of the uniformed

services.

ARTICLE IV

Educational Records and Enrollment

A. Unofficial or "hand -carried" educational records: In the event that official

educational 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

educational records by a school in the receiving state, the school shall enroll and

appropriately place the st udent based on the information provided in the unofficial

records pending validation by the official records, as quickly as possible.

B. Official educational records/transcripts: Simultaneous with the enrollment and

conditional placement of the student, th e school in the receiving state shall request

the student's official 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

educational records to the school in the r eceiving state within ten (10) days or

within such time as is reasonably determined under the rules promulgated by the

Interstate Commission.

C. Immunizations: Compacting states shall give thirty (30) days from the date of

enrollment, or within such time a s is reasonably determined under the rules

promulgated by the Interstate Commission, for students to obtain any

immunization(s) required by the receiving state. For a series of immunizations,

initial vaccinations must be obtained within thirty (30) days or within such time as

is reasonably determined under the rules promulgated by the Interstate

Commission.

D. Kindergarten and first grade entrance age: Students shall be allowed to continue

their enrollment at the grade level in the receiving state commensur ate 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 t he 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 t heir validated

level from an accredited school in the sending state.

ARTICLE V

Placement and Attendance

A. Course placement: When the student transfers before or during the school year, the

receiving state shall initially honor placement of the student in educational courses

based on the student's enrollment in the sending state school and/or educational

assessments conducted at the school in the sending state if the courses are offered.

Course placement includes but is not limited to Honors, International

Baccalaureate, Advance 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 conside ring placement. This does not preclude the school in the

receiving state from performing subsequent evaluations to ensure appropriate

placement and continued enrollment of the student in the course(s).

B. Educational program placement: The receiving state shall initially honor placement

of the student in educational programs based on current educational assessments

conducted at the school in the sending state or participation/placement in like

programs in the sending state. Such programs include but are not limited to:

1. Gifted and talented programs; and

2. English as a second language (ESL).

This does not preclude the school in the receiving state from performing subsequent

evaluations to ensure appropriate placement of the student.

C. Special education services:

1. In compliance with the federal requirements of the Individuals with

Disabilities Education Act (IDEA), 20 U.S.C.A. sec. 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

(IEP); and

2. In compliance with the requirements of Section 504 of the Rehabilitation Act,

29 U.S.C.A. sec. 794, and with Title II of the Americans with Disabilities Act,

42 U.S.C.A. secs. 12131 to 12165, the receiving state shall make reasonable

accommodations and modifications to address the needs of incoming students

with disabilities, subject to an existing 504 or Title II Plan, to provide the

student with equal access to education. This does not preclude t he school in

the receiving state from performing subsequent evaluations to ensure

appropriate placement of the student.

D. Placement flexibility: Local education agency administrative officials shall have

flexibility in waiving course or program prerequisites, or other preconditions for

placement in courses or programs offered under the jurisdiction of the local

education agency.

E. Absence as related to deployment activities: A student whose parent or legal

guardian is an active member of the uniformed services, as defined by this compact,

and has been called to active duty for, is on leave from, or immediately returned

from d eployment to a combat zone or combat support posting, shall be granted

additional excused absences at the discretion of the local education agency

superintendent to visit with his or her parent or legal guardian relative to such leave

or deployment of the parent or guardian.

ARTICLE VI

Eligibility

A. Eligibility for enrollment:

1. Special power of attorney, relative to the guardianship of a child of a military

family and executed under applicable law shall be sufficient for the purposes

of enrollment and al l other actions requiring parental participation and

consent;

2. A local education agency shall be prohibited from charging local tuition to a

transitioning military child placed in the care of a non -custodial parent or

other person standing in loco parent is who lives in the jurisdiction other than

that of the custodial parent; and

3. A transitioning military child, placed in the care of a non -custodial parent or

other person standing in loco parentis who lives in a jurisdiction other than

that of the custo dial parent, may continue to attend the school in which he or

she was enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation: State and local education agencies shall

facilitate the opportunity for transitioning military children's inclusion in

extracurricular activities, regardless of application deadlines, to the extent they are

otherwise qualified.

ARTICLE VII

Graduation

In order to facilitate the on -time graduation of children of military families, state and

local education agencies shall incorporate the following procedures:

A. Waiver requirements: Local education agency administrative officials shall waive

specific courses required for graduation if similar course work has been

satisfactorily completed in an other 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 alternative means of acquiring re quired coursework so that graduation may

occur on time.

B. Exit exams - States shall accept:

1. Exit or end-of-course exams required for graduation from the sending state;

2. National norm-referenced achievement tests; or

3. Alternative testing, in lieu of testing requirements for graduation in the

receiving state.

In the event the above alternatives cannot be accommodated by the receiving state

for a student transferring in his or her senior year, then the provisions of Article

VII, C shall apply.

C. Transfers during senior year: Should a military student transferring at the beginning

or during his or her senior year be ineligible to graduate from the receiving local

education agency after all alternatives have been considered, the sending and

receiving lo cal education agencies shall ensure the receipt of 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 th is compact, the member state shall use best efforts to facilitate

the on-time graduation of the student in accordance with sections A and B of this

Article.

ARTICLE VIII

State Coordination

A. Each member state shall, through the creation of a State Council or use of an

existing body or board, provide for the coordination among its agencies of

government, local education agencies, and military installations concerning the

state's participation in, and compliance with, this compact and Interstate

Commission activities. While each member state may determine the membership of

its own State Council, its membership must include at least:

1. The state superintendent of education;

2. A superintendent of a school district with a high concentration of military

children;

3. A representative from a military installation;

4. One legislative member each from the General Assembly's Senate and House

of Representatives, to be chosen respectively by the President of the Senate

and the Speaker of the House of Representatives. The respective leaders will

then forward the names of the ir chosen members to the Governor. The

members shall serve at the pleasure of the President and Speaker;

5. One representative from the executive branch of government; and

6. Other offices and stakeholder groups the State Council deems appropriate.

A memb er state that does not have a school district deemed to contain a high

concentration of military children may appoint a superintendent from another

school district to represent local education agencies on the State Council.

B. The State Council of each member state shall appoint or designate a military family

education liaison to assist military families and the state in facilitating the

implementation of this compact.

C. The compact commissioner responsible for the administration and management of

the stat e's participation in the compact shall be appointed by the Governor or as

otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated

herein shall be ex -officio members of the State Council, u nless either is already a

voting member of the State Council.

ARTICLE IX

Interstate Commission on Educational Opportunity for Military Children

The member states hereby create the "Interstate Commission on Educational Opportunity

for Military Children." Th e activities of the Interstate Commission are the formation of

public policy and are a discretionary state function. The Interstate Commission shall:

A. Be a body corporate and joint agency of the member states and shall have all the

responsibilities, powers, and duties set forth herein, and such additional powers as

may be conferred upon it by a subsequent concurrent action of the respective

legislatures of the member states in accordance with the terms of this compact.

B. Consist of one Interstate Commission voting representative from each member state

who shall be that state's compact commissioner.

1. Each member state represented at a meeting of the Interstate Commission is

entitled to a vote.

2. A majority of the total member states shall constitute a q uorum for the

transaction of business, unless a larger quorum is required by the bylaws of

the Interstate Commission.

3. A representative shall not delegate a vote to another member state. In the

event the compact commissioner is unable to attend a meeting of the Interstate

Commission, the Governor or State Council may delegate voting authority to

another person from their state for a specified meeting.

4. The bylaws may provide for meetings of the Interstate Commission to be

conducted by telecommunication or electronic communication.

C. Consist of ex -officio, non -voting representatives who are members of interested

organizations. Such ex-officio members, as defined in the bylaws, may include but

not be limited to members of the representative organizations of military family

advocates, local education agency officials, parent and teacher groups, the U.S.

Department of Defense, the Education Commission of the States, the Interstate

Agreement on the Qualification of Educational Personnel, and other interstate

compacts affecting the education of children of military members.

D. Meet at least once each calendar year. The chairperson may call additional meetings

and, upon the request of a simple majority of the member states, shall call

additional meetings.

E. Establish an executive committee, whose members shall include the officers of the

Interstate Commission and such other members of the Interstate Commission as

determined by the bylaws. Members of the executive committee shall serve a one

(1) year term. Members of the executive committee shall be entitled to one (1) vote

each. The executive committee shall have the power to act on behalf of the

Interstate Commission, with the exception of rulemaking, during periods when the

Interstate Commission is not in sessi on. The executive committee shall oversee the

day-to-day activities of the administration of the compact including enforcement

and compliance with the provisions of the compact, its bylaws and rules, and other

such duties as deemed necessary. The U.S. Department of Defense shall serve as an

ex-officio, nonvoting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and procedures under which

the Interstate Commission shall make its information and official records avai lable

to the public for inspection or copying. The Interstate Commission may exempt

from disclosure information or official records to the extent they would adversely

affect personal privacy rights or proprietary interests.

G. Give public notice of all mee tings and all meetings shall be open to the public,

except as set forth in the rules or as otherwise provided in the compact. The

Interstate Commission and its committees may close a meeting, or portion thereof,

where it determines by two-thirds vote that an open meeting would be likely to:

1. Relate solely to the Interstate Commission's internal personnel practices and

procedures;

2. Disclose matters specifically exempted from disclosure by federal and state

statute;

3. Disclose trade secrets or commercial or financial information which is

privileged or confidential;

4. Involve accusing a person of a crime, or formally censuring a person;

5. Disclose information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

6. Disclose investigative records compiled for law enforcement purposes; or

7. Specifically relate to the Interstate Commission's participation in a civil action

or other legal proceeding.

H. Certify, for a meeting or portion of a meeting closed pursuant to this provision, by

the Interstate Commission's legal counsel or designee, that the meeting may be

closed and in so doing reference each relevant exemptible provision. The Interstate

Commission shall keep minutes which shall fully and clearly describe all matters

discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons therefore, including a description of the views expressed and

the record of a roll call vote. All documents considered in connection with an action

shall be identified in such minutes. All minutes and documents of a closed meeting

shall remain under seal, subject to release by a majority vote or the Interstate

Commission.

I. Collect s tandardized data concerning the educational transition of the children of

military families under this compact as directed through its rules which shall

specify the data to be collected, the means of collection, and data exchange and

reporting requirements. Such methods of data collection, exchange, and reporting

shall, in so far as is reasonably possible, conform to current technology and

coordinate its information functions with the appropriate custodian of records as

identified in the bylaws and rules.

J. Create a process that permits military officials, education officials, and parents to

inform the Interstate Commission if and when there are alleged violations of the

compact or its rules or when issues subject to the jurisdiction of the compact or its

rules are not addressed by the state or local education agency. This subsection shall

not be construed to create a private right of action against the Interstate

Commission or any member state.

ARTICLE X

Powers and Duties of the Interstate Commission

The Interstate Commission shall have the following powers:

A. To provide for dispute resolution among member states;

B. To promulgate rules and take all necessary actions to effect the goals, purposes, and

obligations as enumerated in this compact. The rules sha ll have the force and effect

of statutory law and shall be binding in the compact states to the extent and in the

manner provided in this compact;

C. To issue, upon request of a member state, advisory opinions concerning the

meaning or interpretation of the interstate compact, its bylaws, rules, and actions;

D. To enforce compliance with the compact provisions, the rules promulgated by the

Interstate Commission, and the bylaws, using all necessary and proper means,

including but not limited to the use of judicial process;

E. To establish and maintain offices which shall be located within one or more of the

member states;

F. To purchase and maintain insurance and bonds;

G. To borrow, accept, hire, or contract for services of personnel;

H. To establish and app oint committees including but not limited to an executive

committee as required by Article IX, Section E, which shall have the power to act

on behalf of the Interstate Commission in carrying out its powers and duties

hereunder;

I. To elect or appoint such officers, attorneys, employees, agents, or consultants and

to fix their compensation, define their duties and determine their qualifications to

establish the Interstate Commission's personnel policies and programs relating to

conflicts of interest, rates of compensation, and qualifications of personnel;

J. To accept any and all donations and grants of money, equipment, supplies,

materials, and services, and to receive, utilize, and dispose of them;

K. To lease, purchase, accept contributions or donations of , or otherwise to own, hold,

improve, or use any property, whether real, personal, or mixed;

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose

of any property, whether real, personal, or mixed;

M. To establish a budget and make expenditures;

N. To adopt a seal and bylaws governing the management and operation of the

Interstate Commission;

O. To report annually to the legislatures, governors, judiciary, and state councils of the

member states concerning the activities of th e Interstate Commission during the

preceding year. Such reports shall also include any recommendations that may have

been adopted by the Interstate Commission;

P. To coordinate education, training and public awareness regarding the compact, its

implementation, and operation for officials and parents involved in such activity;

Q. To establish uniform standards for the reporting, collecting, and exchanging of data;

R. To maintain corporate books and records in accordance with the bylaws;

S. To perform such functions as may be necessary or appropriate to achieve the

purposes of this compact; and

T. To provide for the uniform collection and sharing of information between and

among member states, schools, and military families under this compact.

ARTICLE XI

Organization and Operation of the Interstate Commission

A. The Interstate Commission shall, by a majority of the members present and voting,

within twelve (12) months after the first Interstate Commission meeting, adopt

bylaws to govern its co nduct as may be necessary or appropriate to carry out the

purposes of the compact, including but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee and such other committees as may be

necessary;

3. Providing for the establishment of committees and for governing any general

or specific delegation of authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting meetings of the

Interstate Commission and ensuring reasonable notice of each such meeting;

5. Establishing the titles and responsibilities of the offices and staff of the

Interstate Commission;

6. Providing a mechanism for concluding the operations of the Interstate

Commission and the re turn 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

7. Providing "start up" rules for initial administration of the compact.

B. The Interstate Commission shall, by a majority of the members, elect annually from

among its members a chairperson, a vice -chairperson, and a treasurer, each of

whom shall have such authority and duties as may be specified in the bylaws. The

chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall

preside at all meetings of the Interstate Commission. The officers so elected shall

serve without compensation or remuneration from the Interstate Commission;

provided that, subject to the availability of budgeted fu nds, the officers shall be

reimbursed for ordinary and necessary costs and expenses incurred by them in the

performance of their responsibilities as officers of the Interstate Commission.

C. Executive Committee, Officers, and Personnel:

1. The executive committee shall have authority and duties as may be set forth in

the bylaws, including but not limited to:

a. Managing the affairs of the Interstate Commission in a manner

consistent with the bylaws and purposes of the Interstate Commission;

b. Overseeing an organizational structure within, and appropriate

procedures for, the Interstate Commission to provide for the creation of

rules, operating procedures, and administrative and technical support

functions; and

c. Planning, implementing, and coordinating comm unications and

activities with other state, federal, and local government organizations in

order to advance the goals of the Interstate Commission.

2. The executive committee may, subject to the approval of the Interstate

Commission, appoint or retain an e xecutive director for such period, upon

such terms and conditions, and for such compensation, as the Interstate

Commission may deem appropriate. The executive director shall serve as

secretary to the Interstate Commission, but shall not be a member of the

Interstate Commission. The executive director shall hire and supervise such

other persons as may be authorized by the Interstate Commission.

D. The Interstate Commission's executive director and its employees shall be immune

from suit and liability, either personally or in their official capacity, for a claim for

damage to or loss of property or personal injury or other civil liability caused or

arising out of or relating to an actual or alleged act, error, or omission that occurred,

or that such person had a reasonable basis for believing occurred, within the scope

of Interstate Commission employment, duties, or responsibilities; provided, that

such person shall not be protected from suit or liability for damage, loss, injury, or

liability caused by the intentional or willful and wanton misconduct of such person.

1. The liability of the Interstate Commission's executive director and employees

or Interstate Commission representatives, acting within the scope of such

person's employment or duties for acts, err ors, 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 instrumentali ty of the states

for the purposes of any such action. Nothing in this subsection shall be

construed to protect such person from suit or liability for damage, loss, injury,

or liability caused by intentional or willful and wanton misconduct of such

person.

2. The Interstate Commission shall defend the executive director and its

employees and, subject to the approval of the Attorney General or other

appropriate legal counsel of the member state represented by an Interstate

Commission representative, shall def end such Interstate Commission

representative in any civil action seeking to impose liability arising out of an

actual or alleged act, error, or omission that occurred within the scope of

Interstate Commission employment, duties, or responsibilities, or th at the

defendant had a reasonable basis for believing occurred within the scope of

the Interstate Commission employment, duties, or responsibilities, provided

that the actual or alleged act, error, or omission did not result from intentional

or willful and wanton misconduct on the part of such persons.

3. To the extent not covered by the state involved, member state, or the Interstate

Commission, the representatives or employees of the Interstate Commission

shall be held harmless in the amount of a settleme nt or judgment, including

attorney's fees and costs, obtained against such persons arising out of an

actual or alleged act, error, or omission that occurred within the scope of

Interstate Commission employment, duties, or responsibilities, or that such

persons had a reasonable basis for believing occurred within the scope of

Interstate Commission employment, duties, or responsibilities, provided that

the actual or alleged act, error, or omission did not result from intentional or

willful and wanton misconduct on the part of such persons.

ARTICLE XII

Rulemaking Functions of the Interstate Commission

A. Rulemaking Authority: The Interstate Commission shall promulgate reasonable

rules in order to effectively and efficiently achieve the purposes of this compact.

Notwithstanding the foregoing, in the event the Interstate Commission exercises its

rulemaking authority in a manner that is beyond the scope of the purposes of this

Act, or the powers granted hereunder, then such an action by the Interstate

Commission shall be invalid and have no force or effect.

B. Rulemaking Procedure: Rules shall be made pursuant to a rulemaking process that

substantially conforms to the "Model State Administrative Procedure Act," of 1981,

Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to

the operations of the Interstate Commission.

C. Not later than thirty (30) days after a rule is promulgated, any person may file a

petition for judicial review of the rule; provided, that the filing of such a petition

shall not stay or otherwise prevent the rule from becoming effective unless the court

finds that the petitioner has a substantial likelihood of success. The court shall give

deference to the actions of the Interstate Commission consistent with applicable law

and shall not find the rule to be unlawful if t he rule represents a reasonable exercise

of the Interstate Commission's authority.

D. If a majority of the legislatures of the compacting states rejects a Rule by enactment

of a statute or resolution in the same manner used to adopt the compact, then such

rule shall have no further force and effect in any compacting state.

ARTICLE XIII

Oversight, Enforcement, and Dispute Resolution

A. Oversight:

1. The executive, legislative, and judicial branches of state government in each

member state shall enforce this compact and shall take all actions necessary

and appropriate to effectuate the compact's purposes and intent. The

provisions of this compact and the rules promulgated hereunder shall have

standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any

judicial or administrative proceeding in a member state pertaining to the

subject matter of this compact which may effect the powers, responsibilities,

or actions of the Interstate Commission.

3. The Interstate Commission shall be entitled to receive all service of process in

any such proceeding, and shall have standing to intervene in the proceeding

for all purposes. Failure to provide service of process to the Interstate

Commission shall render a judgment or order void as to the Interstate

Commission, this compact, or promulgated rules.

B. Default, Technical Assistance, Suspension, and Termination - If the Interstate

Commission determines that a member state has defaulted in the performance of its

obligations or responsibilities under this compact, the bylaws, or promulgated rules,

the Interstate Commission shall:

1. Provide written notice to the defaulting state and other member states of the

nature of 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; and

2. Provide remedial training and specific technical assistance regarding the

default.

3. If the defaulting state fails t o 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 term ination. A cure of

the default does not relieve the offending state of obligations or liabilities

incurred during the period of default.

4. Suspension or termination of membership in the compact shall be imposed

only after all other means of securing compl iance have been exhausted.

Notice of intent to suspend or terminate shall be given by the Interstate

Commission to the Governor, the majority and minority leaders of the

defaulting state's legislature, and each of the member states.

5. The state which has been suspended or terminated is responsible for all

assessments, obligations, and liabilities incurred through the effective date of

suspension or termination, including obligations the performance of which

extends beyond the effective date of suspension or termination.

6. The Interstate Commission shall not bear any costs relating to any state that

has been found to be in default or which has been suspended or terminated

from the compact unless otherwise mutually agreed upon in writing between

the Interstate Commission and the defaulting state.

7. The defaulting state may appeal the action of the Interstate Commission by

petitioning the U.S. District Court for the District of Columbia or the federal

district where the Interstate Commission has its principal offices. The

prevailing party shall be awarded all costs of such litigation, including

reasonable attorney's fees.

C. Dispute Resolution:

1. The Interstate Commission shall attempt, upon the request of a member state,

to resolve disputes which are subject to the compact and which may arise

among member states and between member and non-member states.

2. The Interstate Commission shall promulgate a rule providing for both

mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement:

1. The Interstate Commission, in the reasonable exercise of its discretion, shall

enforce the provisions and rules of this compact.

2. The Interstate Commission may by majority vote of the members initiate legal

action in the United States District Court f or the District of Columbia or, at

the discretion of the Interstate Commission, in the federal district where the

Interstate Commission has its principal offices, to enforce compliance with

the provisions of the compact, its promulgated rules, and bylaws a gainst a

member state in default. The relief sought may include both injunctive relief

and damages. In the event judicial enforcement is necessary the prevailing

party shall be awarded all costs of such litigation, including reasonable

attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the Interstate

Commission. The Interstate Commission may avail itself of any other

remedies available under state law or the regulation of a profession.

ARTICLE XIV

Financing of the Interstate Commission

A. The Interstate Commission shall pay, or provide for the payment of, the reasonable

expenses of its establishment, organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from each

member state to cover the cost of the operations and activities of the Interstate

Commission and its staff, which must be in a total amount sufficient to cover the

Interstate Commission's annual budget as approved each year. The aggregate annual

assessment amount shall be allocated based upon a formula to be determined by the

Interstate Commission, which shall promulgate a rule binding upon all member

states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing

the funds adequate to meet the same; nor shall the Interstate Commission pledge the

credit of any of the member states except by and with the authority of the member

state.

D. The Interst ate Commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the Interstate Commission shall

be subject to the audit and accounting procedures established under its bylaws.

However, all receipts and disbu rsements 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 Interstate Commission.

ARTICLE XV

Member States, Effective Date, and Amendment

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the

compact into law by no less than ten (10) of the states. The effective date shall be

no earlier than December 1, 2007. Thereafter it shall become effective and binding

as to any other member state upon enactment of the compact into law by that state.

The governors of non -member states or their designees shall be invited to

participate in the activities of the Interstate Commission on a non -voting basis prior

to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for enactment

by the member states. No amendment shall become effective and binding upon the

Interstate Commission and the member states unless and until it is enacted into law

by unanimous consent of the member states.

ARTICLE XVI

Withdrawal and Dissolution

A. Withdrawal:

1. Once effective, the compact shall continue in force and remain binding upon

each and every member state, provided that a member state may withdraw

from the compact by specifically repealing the statute which enacted the

compact into law.

2. Withdrawal from this compact shall be by the enactment of a statut e repealing

the same, but shall not take effect until one (1) year after the effective date of

such statute and until written notice of the withdrawal has been given by the

withdrawing state to the Governor of each other member state jurisdiction.

3. The w ithdrawing state shall immediately notify the chairperson of the

Interstate Commission in writing upon the introduction of legislation

repealing this compact in the withdrawing state. The Interstate Commission

shall notify the other member states of the wi thdrawing state's intent to

withdraw within sixty (60) days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations, and

liabilities incurred through the effective date of withdrawal, including

obligations the perfo rmance of which extends beyond the effective date of

withdrawal.

5. Reinstatement following withdrawal of a member state shall occur upon the

withdrawing state reenacting the compact or upon such later date as

determined by the Interstate Commission.

B. Dissolution of Compact:

1. This compact shall dissolve effective upon the date of the withdrawal or

default of the member state which reduces the membership in the compact to

one (1) member state.

2. Upon the dissolution of this compact, the compact becomes null and void and

shall be of no further force or effect, and the business and affairs of the

Interstate Commission shall be concluded and surplus funds shall be

distributed in accordance with the bylaws.

ARTICLE XVII

Severability and Construction

A. The p rovisions of this compact shall be severable, and if any phrase, clause,

sentence, or provision is deemed unenforceable, the remaining provisions of the

compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectu ate its

purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other

interstate compacts to which the states are members.

ARTICLE XVIII

Binding Effect of Compact and Other Laws

A. Other Laws:

1. Nothing herein prevents the enforcement of any other law of a member state

that is not inconsistent with this compact.

2. All member states' laws conflicting with this compact are superseded to the

extent of the conflict.

B. Binding Effect of the Compact:

1. All lawful actions of the Interstate Commission, including all rules and

bylaws promulgated by the Interstate Commission, are binding upon the

member states.

2. All agreements between the Interstate Commission and the member states are

binding in accordance with their terms.

3. In the event any provision of this compact exceeds the constitutional limits

imposed on the legislature of any member state, such provision shall be

ineffective to the extent of the conflict with the constitutional provision in

question in that member state.