{"data":{"id":"us-ky/krs-156.730","jurisdiction":"us-ky","citation":"KRS 156.730","heading":"Interstate Compact on Educational Opportunity for Military Children.","body":"ARTICLE I\nPurpose\nIt is the purpose of this compact to remove barriers to educational success imposed on\nchildren of military families because of frequent moves and deploy ment of their parents\nby:\nA. Facilitating the timely enrollment of children of military families and ensuring that\nthey are not placed at a disadvantage due to difficulty in the transfer of education\nrecords from the previous school district(s) or variatio ns in entrance/age\nrequirements;\nB. Facilitating the student placement process through which children of military\nfamilies are not disadvantaged by variations in attendance requirements,\nscheduling, sequencing, grading, course content, or assessment;\nC. Facilitating the qualification and eligibility for enrollment, educational programs,\nand participation in extracurricular academic, athletic, and social activities;\nD. Facilitating the on-time graduation of children of military families;\nE. Providing for pro mulgation and enforcement of administrative rules implementing\nthe provisions of this compact;\nF. Providing for the uniform collection and sharing of information between and among\nmember states, schools, and military families under this compact;\nG. Promoting coordination between this compact and other compacts affecting military\nchildren; and\nH. Promoting flexibility and cooperation between the educational system, parents, and\nstudents in order to achieve educational success for students.\nARTICLE II\nDefinitions\nAs used in this compact, unless the context clearly requires a different construction:\nA. \"Active duty\" means full-time duty status in the active uniformed service of the\nUnited States, including members of the National Guard and Reserve on active duty\norders pursuant to 10 U.S.C. chs. 1209 and 1211;\nB. \"Children of military families\" means a school -aged child or children enrolled in\nkindergarten through twelfth (12th) grade, in the household of an active duty\nmember;\nC. \"Compact commissioner\" means the voting representative of each compacting state\nappointed pursuant to Article VIII of this compact;\nD. \"Deployment\" means the period of one (1) month prior to a service member's\ndeparture from his or her home station on military orders through six (6) months\nafter return to the home station;\nE. \"Educational records\" means those official records, files, and data directly related to\na student and maintained by the school or local education agency, including but not\nlimited to records encompassing all the material kept in the student's cumulative\nfolder such as general identifying data, records of attendance and of academ ic work\ncompleted, records of achievement and results of evaluative tests, health data,\ndisciplinary status, test protocols, and individualized education programs;\nF. \"Extracurricular activities\" means a voluntary activity sponsored by the school or\nlocal education agency or an organization sanctioned by the local education agency.\nExtracurricular activities include but are not limited to preparation for and\ninvolvement in public performances, contests, athletics competitions,\ndemonstrations, displays, and club activities;\nG. \"Interstate Commission on Educational Opportunity for Military Children\" means\nthe commission created under Article IX of this compact, which is generally\nreferred to as \"Interstate Commission\";\nH. \"Local education agency\" means a publi c authority legally constituted by the state\nas an administrative agency to provide control of and direction for kindergarten\nthrough twelfth (12th) grade public educational institutions;\nI. \"Member state\" means a state that has enacted this compact;\nJ. \"Military installation\" means a base, camp, post, station, yard, center, homeport\nfacility for any ship, or other activity under the jurisdiction of the Department of\nDefense, including any leased facility, which is located within any of the several\nStates, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin\nIslands, Guam, American Samoa, the Northern Marianas Islands and any other U.S.\nTerritory. Such term does not include any facility used primarily for civil works,\nrivers, and harbor projects, or flood control projects;\nK. \"Non-member state\" means a state that has not enacted this compact;\nL. \"Receiving state\" means the state to which a child of a military family is sent,\nbrought, or caused to be sent or brought;\nM. \"Rule\" means a wri tten statement by the Interstate Commission promulgated\npursuant to Article XII of this compact that is of general applicability, implements,\ninterprets, or prescribes a policy of the compact, or an organizational, procedural, or\npractice requirement of th e Interstate Commission, and has the force and effect of\nstatutory law in a member state, and includes the amendment, repeal, or suspension\nof an existing rule;\nN. \"Sending state\" means the state from which a child of a military family is sent,\nbrought, or caused to be sent or brought;\nO. \"State\" means a state of the United States, the District of Columbia, the\nCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,\nthe Northern Marianas Islands, and any other U.S. Territory;\nP. \"Student\" means the child of a military family for whom the local education agency\nreceives public funding and who is formally enrolled in kindergarten through\ntwelfth (12th) grade;\nQ. \"Transition\" means the formal and physical process of transferring from school to\nschool or the period of time in which a student moves from one school in the\nsending state to another school in the receiving state;\nR. \"Uniformed service(s)\" means the Army, Navy, Air Force, Marine Corps, and\nCoast Guard, as well as the Commissioned Co rps of the National Oceanic and\nAtmospheric Administration, and Public Health Services; and\nS. \"Veteran\" means a person who served in the uniformed services and who was\ndischarged or released therefrom under conditions other than dishonorable.\nARTICLE III\nApplicability\nA. Except as otherwise provided in this section, this compact shall apply to the\nchildren of:\n1. Active duty members of the uniformed services as defined in this compact,\nincluding members of the National Guard and Reserve on active duty orde rs\npursuant to 10 U.S.C. chs. 1209 and 1211;\n2. Members or veterans of the uniformed services who are severely injured and\nmedically discharged or retired for a period of one (1) year after medical\ndischarge or retirement; and\n3. Members of the uniformed s ervices who die on active duty or as a result of\ninjuries sustained on active duty for a period of one (1) year after death.\nB. The provisions of this interstate compact shall only apply to local education\nagencies as defined in this compact.\nC. The provisions of this compact shall not apply to the children of:\n1. Inactive members of the National Guard and Military Reserves;\n2. Members of the uniformed services now retired, except as provided for in this\nsection;\n3. Veterans of the uniformed services, except as provided for in this section; and\n4. Other U.S. Department of Defense personnel and other federal agency civilian\nand contract employees not defined as active duty members of the uniformed\nservices.\nARTICLE IV\nEducational Records and Enrollment\nA. Unofficial or \"hand -carried\" educational records: In the event that official\neducational records cannot be released to the parents for the purpose of transfer, the\ncustodian of the records in the sending state shall prepare and furnish to the parent a\ncomplete set of unofficial educational records containing uniform information as\ndetermined by the Interstate Commission. Upon receipt of the unofficial\neducational records by a school in the receiving state, the school shall enroll and\nappropriately place the st udent based on the information provided in the unofficial\nrecords pending validation by the official records, as quickly as possible.\nB. Official educational records/transcripts: Simultaneous with the enrollment and\nconditional placement of the student, th e school in the receiving state shall request\nthe student's official record from the school in the sending state. Upon receipt of\nthis request, the school in the sending state will process and furnish the official\neducational records to the school in the r eceiving state within ten (10) days or\nwithin such time as is reasonably determined under the rules promulgated by the\nInterstate Commission.\nC. Immunizations: Compacting states shall give thirty (30) days from the date of\nenrollment, or within such time a s is reasonably determined under the rules\npromulgated by the Interstate Commission, for students to obtain any\nimmunization(s) required by the receiving state. For a series of immunizations,\ninitial vaccinations must be obtained within thirty (30) days or  within such time as\nis reasonably determined under the rules promulgated by the Interstate\nCommission.\nD. Kindergarten and first grade entrance age: Students shall be allowed to continue\ntheir enrollment at the grade level in the receiving state commensur ate with their\ngrade level (including kindergarten) from a local education agency in the sending\nstate at the time of transition, regardless of age. A student that has satisfactorily\ncompleted the prerequisite grade level in the local education agency in t he sending\nstate shall be eligible for enrollment in the next highest grade level in the receiving\nstate, regardless of age. A student transferring after the start of the school year in\nthe receiving state shall enter the school in the receiving state on t heir validated\nlevel from an accredited school in the sending state.\nARTICLE V\nPlacement and Attendance\nA. Course placement: When the student transfers before or during the school year, the\nreceiving state shall initially honor placement of the student in educational courses\nbased on the student's enrollment in the sending state school and/or educational\nassessments conducted at the school in the sending state if the courses are offered.\nCourse placement includes but is not limited to Honors, International\nBaccalaureate, Advance Placement, vocational, technical, and career pathways\ncourses. Continuing the student's academic program from the previous school and\npromoting placement in academically and career challenging courses should be\nparamount when conside ring placement. This does not preclude the school in the\nreceiving state from performing subsequent evaluations to ensure appropriate\nplacement and continued enrollment of the student in the course(s).\nB. Educational program placement: The receiving state shall initially honor placement\nof the student in educational programs based on current educational assessments\nconducted at the school in the sending state or participation/placement in like\nprograms in the sending state. Such programs include but are not limited to:\n1. Gifted and talented programs; and\n2. English as a second language (ESL).\nThis does not preclude the school in the receiving state from performing subsequent\nevaluations to ensure appropriate placement of the student.\nC. Special education services:\n1. In compliance with the federal requirements of the Individuals with\nDisabilities Education Act (IDEA), 20 U.S.C.A. sec. 1400 et seq., the\nreceiving state shall initially provide comparable services to a student with\ndisabilities based on his or  her current Individualized Education Program\n(IEP); and\n2. In compliance with the requirements of Section 504 of the Rehabilitation Act,\n29 U.S.C.A. sec. 794, and with Title II of the Americans with Disabilities Act,\n42 U.S.C.A. secs. 12131 to 12165, the receiving state shall make reasonable\naccommodations and modifications to address the needs of incoming students\nwith disabilities, subject to an existing 504 or Title II Plan, to provide the\nstudent with equal access to education. This does not preclude t he school in\nthe receiving state from performing subsequent evaluations to ensure\nappropriate placement of the student.\nD. Placement flexibility: Local education agency administrative officials shall have\nflexibility in waiving course or program prerequisites, or other preconditions for\nplacement in courses or programs offered under the jurisdiction of the local\neducation agency.\nE. Absence as related to deployment activities: A student whose parent or legal\nguardian is an active member of the uniformed services, as defined by this compact,\nand has been called to active duty for, is on leave from, or immediately returned\nfrom d eployment to a combat zone or combat support posting, shall be granted\nadditional excused absences at the discretion of the local education agency\nsuperintendent to visit with his or her parent or legal guardian relative to such leave\nor deployment of the parent or guardian.\nARTICLE VI\nEligibility\nA. Eligibility for enrollment:\n1. Special power of attorney, relative to the guardianship of a child of a military\nfamily and executed under applicable law shall be sufficient for the purposes\nof enrollment and al l other actions requiring parental participation and\nconsent;\n2. A local education agency shall be prohibited from charging local tuition to a\ntransitioning military child placed in the care of a non -custodial parent or\nother person standing in loco parent is who lives in the jurisdiction other than\nthat of the custodial parent; and\n3. A transitioning military child, placed in the care of a non -custodial parent or\nother person standing in loco parentis who lives in a jurisdiction other than\nthat of the custo dial parent, may continue to attend the school in which he or\nshe was enrolled while residing with the custodial parent.\nB. Eligibility for extracurricular participation: State and local education agencies shall\nfacilitate the opportunity for transitioning  military children's inclusion in\nextracurricular activities, regardless of application deadlines, to the extent they are\notherwise qualified.\nARTICLE VII\nGraduation\nIn order to facilitate the on -time graduation of children of military families, state and\nlocal education agencies shall incorporate the following procedures:\nA. Waiver requirements: Local education agency administrative officials shall waive\nspecific courses required for graduation if similar course work has been\nsatisfactorily completed in an other local education agency or shall provide\nreasonable justification for denial. Should a waiver not be granted to a student who\nwould qualify to graduate from the sending school, the local education agency shall\nprovide alternative means of acquiring re quired coursework so that graduation may\noccur on time.\nB. Exit exams - States shall accept:\n1. Exit or end-of-course exams required for graduation from the sending state;\n2. National norm-referenced achievement tests; or\n3. Alternative testing, in lieu of  testing requirements for graduation in the\nreceiving state.\nIn the event the above alternatives cannot be accommodated by the receiving state\nfor a student transferring in his or her senior year, then the provisions of Article\nVII, C shall apply.\nC. Transfers during senior year: Should a military student transferring at the beginning\nor during his or her senior year be ineligible to graduate from the receiving local\neducation agency after all alternatives have been considered, the sending and\nreceiving lo cal education agencies shall ensure the receipt of diploma from the\nsending local education agency if the student meets the graduation requirements of\nthe sending local education agency. In the event that one of the states in question is\nnot a member of th is compact, the member state shall use best efforts to facilitate\nthe on-time graduation of the student in accordance with sections A and B of this\nArticle.\nARTICLE VIII\nState Coordination\nA. Each member state shall, through the creation of a State Council  or use of an\nexisting body or board, provide for the coordination among its agencies of\ngovernment, local education agencies, and military installations concerning the\nstate's participation in, and compliance with, this compact and Interstate\nCommission activities. While each member state may determine the membership of\nits own State Council, its membership must include at least:\n1. The state superintendent of education;\n2. A superintendent of a school district with a high concentration of military\nchildren;\n3. A representative from a military installation;\n4. One legislative member each from the General Assembly's Senate and House\nof Representatives, to be chosen respectively by the President of the Senate\nand the Speaker of the House of Representatives. The respective leaders will\nthen forward the names of the ir chosen members to the Governor. The\nmembers shall serve at the pleasure of the President and Speaker;\n5. One representative from the executive branch of government; and\n6. Other offices and stakeholder groups the State Council deems appropriate.\nA memb er state that does not have a school district deemed to contain a high\nconcentration of military children may appoint a superintendent from another\nschool district to represent local education agencies on the State Council.\nB. The State Council of each member state shall appoint or designate a military family\neducation liaison to assist military families and the state in facilitating the\nimplementation of this compact.\nC. The compact commissioner responsible for the administration and management of\nthe stat e's participation in the compact shall be appointed by the Governor or as\notherwise determined by each member state.\nD. The compact commissioner and the military family education liaison designated\nherein shall be ex -officio members of the State Council, u nless either is already a\nvoting member of the State Council.\nARTICLE IX\nInterstate Commission on Educational Opportunity for Military Children\nThe member states hereby create the \"Interstate Commission on Educational Opportunity\nfor Military Children.\" Th e activities of the Interstate Commission are the formation of\npublic policy and are a discretionary state function. The Interstate Commission shall:\nA. Be a body corporate and joint agency of the member states and shall have all the\nresponsibilities, powers, and duties set forth herein, and such additional powers as\nmay be conferred upon it by a subsequent concurrent action of the respective\nlegislatures of the member states in accordance with the terms of this compact.\nB. Consist of one Interstate Commission voting representative from each member state\nwho shall be that state's compact commissioner.\n1. Each member state represented at a meeting of the Interstate Commission is\nentitled to a vote.\n2. A majority of the total member states shall constitute a q uorum for the\ntransaction of business, unless a larger quorum is required by the bylaws of\nthe Interstate Commission.\n3. A representative shall not delegate a vote to another member state. In the\nevent the compact commissioner is unable to attend a meeting of the Interstate\nCommission, the Governor or State Council may delegate voting authority to\nanother person from their state for a specified meeting.\n4. The bylaws may provide for meetings of the Interstate Commission to be\nconducted by telecommunication or electronic communication.\nC. Consist of ex -officio, non -voting representatives who are members of interested\norganizations. Such ex-officio members, as defined in the bylaws, may include but\nnot be limited to members of the representative organizations of military family\nadvocates, local education agency officials, parent and teacher groups, the U.S.\nDepartment of Defense, the Education Commission of the States, the Interstate\nAgreement on the Qualification of Educational Personnel, and other interstate\ncompacts affecting the education of children of military members.\nD. Meet at least once each calendar year. The chairperson may call additional meetings\nand, upon the request of a simple majority of the member states, shall call\nadditional meetings.\nE. Establish an executive committee, whose members shall include the officers of the\nInterstate Commission and such other members of the Interstate Commission as\ndetermined by the bylaws. Members of the executive committee shall serve a one\n(1) year term. Members of the executive committee shall be entitled to one (1) vote\neach. The executive committee shall have the power to act on behalf of the\nInterstate Commission, with the exception of rulemaking, during periods when the\nInterstate Commission is not in sessi on. The executive committee shall oversee the\nday-to-day activities of the administration of the compact including enforcement\nand compliance with the provisions of the compact, its bylaws and rules, and other\nsuch duties as deemed necessary. The U.S. Department of Defense shall serve as an\nex-officio, nonvoting member of the executive committee.\nF. Establish bylaws and rules that provide for conditions and procedures under which\nthe Interstate Commission shall make its information and official records avai lable\nto the public for inspection or copying. The Interstate Commission may exempt\nfrom disclosure information or official records to the extent they would adversely\naffect personal privacy rights or proprietary interests.\nG. Give public notice of all mee tings and all meetings shall be open to the public,\nexcept as set forth in the rules or as otherwise provided in the compact. The\nInterstate Commission and its committees may close a meeting, or portion thereof,\nwhere it determines by two-thirds vote that an open meeting would be likely to:\n1. Relate solely to the Interstate Commission's internal personnel practices and\nprocedures;\n2. Disclose matters specifically exempted from disclosure by federal and state\nstatute;\n3. Disclose trade secrets or commercial  or financial information which is\nprivileged or confidential;\n4. Involve accusing a person of a crime, or formally censuring a person;\n5. Disclose information of a personal nature where disclosure would constitute a\nclearly unwarranted invasion of personal privacy;\n6. Disclose investigative records compiled for law enforcement purposes; or\n7. Specifically relate to the Interstate Commission's participation in a civil action\nor other legal proceeding.\nH. Certify, for a meeting or portion of a meeting closed pursuant to this provision, by\nthe Interstate Commission's legal counsel or designee, that the meeting may be\nclosed and in so doing reference each relevant exemptible provision. The Interstate\nCommission shall keep minutes which shall fully and clearly describe all matters\ndiscussed in a meeting and shall provide a full and accurate summary of actions\ntaken, and the reasons therefore, including a description of the views expressed and\nthe record of a roll call vote. All documents considered in connection with an action\nshall be identified in such minutes. All minutes and documents of a closed meeting\nshall remain under seal, subject to release by a majority vote or the Interstate\nCommission.\nI. Collect s tandardized data concerning the educational transition of the children of\nmilitary families under this compact as directed through its rules which shall\nspecify the data to be collected, the means of collection, and data exchange and\nreporting requirements. Such methods of data collection, exchange, and reporting\nshall, in so far as is reasonably possible, conform to current technology and\ncoordinate its information functions with the appropriate custodian of records as\nidentified in the bylaws and rules.\nJ. Create a process that permits military officials, education officials, and parents to\ninform the Interstate Commission if and when there are alleged violations of the\ncompact or its rules or when issues subject to the jurisdiction of the compact or its\nrules are not addressed by the state or local education agency. This subsection shall\nnot be construed to create a private right of action against the Interstate\nCommission or any member state.\nARTICLE X\nPowers and Duties of the Interstate Commission\nThe Interstate Commission shall have the following powers:\nA. To provide for dispute resolution among member states;\nB. To promulgate rules and take all necessary actions to effect the goals, purposes, and\nobligations as enumerated in this compact. The rules sha ll have the force and effect\nof statutory law and shall be binding in the compact states to the extent and in the\nmanner provided in this compact;\nC. To issue, upon request of a member state, advisory opinions concerning the\nmeaning or interpretation of the interstate compact, its bylaws, rules, and actions;\nD. To enforce compliance with the compact provisions, the rules promulgated by the\nInterstate Commission, and the bylaws, using all necessary and proper means,\nincluding but not limited to the use of judicial process;\nE. To establish and maintain offices which shall be located within one or more of the\nmember states;\nF. To purchase and maintain insurance and bonds;\nG. To borrow, accept, hire, or contract for services of personnel;\nH. To establish and app oint committees including but not limited to an executive\ncommittee as required by Article IX, Section E, which shall have the power to act\non behalf of the Interstate Commission in carrying out its powers and duties\nhereunder;\nI. To elect or appoint such officers, attorneys, employees, agents, or consultants and\nto fix their compensation, define their duties and determine their qualifications to\nestablish the Interstate Commission's personnel policies and programs relating to\nconflicts of interest, rates of compensation, and qualifications of personnel;\nJ. To accept any and all donations and grants of money, equipment, supplies,\nmaterials, and services, and to receive, utilize, and dispose of them;\nK. To lease, purchase, accept contributions or donations of , or otherwise to own, hold,\nimprove, or use any property, whether real, personal, or mixed;\nL. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose\nof any property, whether real, personal, or mixed;\nM. To establish a budget and make expenditures;\nN. To adopt a seal and bylaws governing the management and operation of the\nInterstate Commission;\nO. To report annually to the legislatures, governors, judiciary, and state councils of the\nmember states concerning the activities of th e Interstate Commission during the\npreceding year. Such reports shall also include any recommendations that may have\nbeen adopted by the Interstate Commission;\nP. To coordinate education, training and public awareness regarding the compact, its\nimplementation, and operation for officials and parents involved in such activity;\nQ. To establish uniform standards for the reporting, collecting, and exchanging of data;\nR. To maintain corporate books and records in accordance with the bylaws;\nS. To perform such functions as may be necessary or appropriate to achieve the\npurposes of this compact; and\nT. To provide for the uniform collection and sharing of information between and\namong member states, schools, and military families under this compact.\nARTICLE XI\nOrganization and Operation of the Interstate Commission\nA. The Interstate Commission shall, by a majority of the members present and voting,\nwithin twelve (12) months after the first Interstate Commission meeting, adopt\nbylaws to govern its co nduct as may be necessary or appropriate to carry out the\npurposes of the compact, including but not limited to:\n1. Establishing the fiscal year of the Interstate Commission;\n2. Establishing an executive committee and such other committees as may be\nnecessary;\n3. Providing for the establishment of committees and for governing any general\nor specific delegation of authority or function of the Interstate Commission;\n4. Providing reasonable procedures for calling and conducting meetings of the\nInterstate Commission and ensuring reasonable notice of each such meeting;\n5. Establishing the titles and responsibilities of the offices and staff of the\nInterstate Commission;\n6. Providing a mechanism for concluding the operations of the Interstate\nCommission and the re turn of surplus funds that may exist upon the\ntermination of the compact after the payment and reserving of all of its debts\nand obligations; and\n7. Providing \"start up\" rules for initial administration of the compact.\nB. The Interstate Commission shall, by a majority of the members, elect annually from\namong its members a chairperson, a vice -chairperson, and a treasurer, each of\nwhom shall have such authority and duties as may be specified in the bylaws. The\nchairperson, or in the chairperson's absence or disability, the vice-chairperson, shall\npreside at all meetings of the Interstate Commission. The officers so elected shall\nserve without compensation or remuneration from the Interstate Commission;\nprovided that, subject to the availability of budgeted fu nds, the officers shall be\nreimbursed for ordinary and necessary costs and expenses incurred by them in the\nperformance of their responsibilities as officers of the Interstate Commission.\nC. Executive Committee, Officers, and Personnel:\n1. The executive committee shall have authority and duties as may be set forth in\nthe bylaws, including but not limited to:\na. Managing the affairs of the Interstate Commission in a manner\nconsistent with the bylaws and purposes of the Interstate Commission;\nb. Overseeing an  organizational structure within, and appropriate\nprocedures for, the Interstate Commission to provide for the creation of\nrules, operating procedures, and administrative and technical support\nfunctions; and\nc. Planning, implementing, and coordinating comm unications and\nactivities with other state, federal, and local government organizations in\norder to advance the goals of the Interstate Commission.\n2. The executive committee may, subject to the approval of the Interstate\nCommission, appoint or retain an e xecutive director for such period, upon\nsuch terms and conditions, and for such compensation, as the Interstate\nCommission may deem appropriate. The executive director shall serve as\nsecretary to the Interstate Commission, but shall not be a member of the\nInterstate Commission. The executive director shall hire and supervise such\nother persons as may be authorized by the Interstate Commission.\nD. The Interstate Commission's executive director and its employees shall be immune\nfrom suit and liability, either  personally or in their official capacity, for a claim for\ndamage to or loss of property or personal injury or other civil liability caused or\narising out of or relating to an actual or alleged act, error, or omission that occurred,\nor that such person had  a reasonable basis for believing occurred, within the scope\nof Interstate Commission employment, duties, or responsibilities; provided, that\nsuch person shall not be protected from suit or liability for damage, loss, injury, or\nliability caused by the intentional or willful and wanton misconduct of such person.\n1. The liability of the Interstate Commission's executive director and employees\nor Interstate Commission representatives, acting within the scope of such\nperson's employment or duties for acts, err ors, or omissions occurring within\nsuch person's state may not exceed the limits of liability set forth under the\nconstitution and laws of that state for state officials, employees, and agents.\nThe Interstate Commission is considered to be an instrumentali ty of the states\nfor the purposes of any such action. Nothing in this subsection shall be\nconstrued to protect such person from suit or liability for damage, loss, injury,\nor liability caused by intentional or willful and wanton misconduct of such\nperson.\n2. The Interstate Commission shall defend the executive director and its\nemployees and, subject to the approval of the Attorney General or other\nappropriate legal counsel of the member state represented by an Interstate\nCommission representative, shall def end such Interstate Commission\nrepresentative in any civil action seeking to impose liability arising out of an\nactual or alleged act, error, or omission that occurred within the scope of\nInterstate Commission employment, duties, or responsibilities, or th at the\ndefendant had a reasonable basis for believing occurred within the scope of\nthe Interstate Commission employment, duties, or responsibilities, provided\nthat the actual or alleged act, error, or omission did not result from intentional\nor willful and wanton misconduct on the part of such persons.\n3. To the extent not covered by the state involved, member state, or the Interstate\nCommission, the representatives or employees of the Interstate Commission\nshall be held harmless in the amount of a settleme nt or judgment, including\nattorney's fees and costs, obtained against such persons arising out of an\nactual or alleged act, error, or omission that occurred within the scope of\nInterstate Commission employment, duties, or responsibilities, or that such\npersons had a reasonable basis for believing occurred within the scope of\nInterstate Commission employment, duties, or responsibilities, provided that\nthe actual or alleged act, error, or omission did not result from intentional or\nwillful and wanton misconduct on the part of such persons.\nARTICLE XII\nRulemaking Functions of the Interstate Commission\nA. Rulemaking Authority: The Interstate Commission shall promulgate reasonable\nrules in order to effectively and efficiently achieve the purposes of this compact.\nNotwithstanding the foregoing, in the event the Interstate Commission exercises its\nrulemaking authority in a manner that is beyond the scope of the purposes of this\nAct, or the powers granted hereunder, then such an action by the Interstate\nCommission shall be invalid and have no force or effect.\nB. Rulemaking Procedure: Rules shall be made pursuant to a rulemaking process that\nsubstantially conforms to the \"Model State Administrative Procedure Act,\" of 1981,\nUniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to\nthe operations of the Interstate Commission.\nC. Not later than thirty (30) days after a rule is promulgated, any person may file a\npetition for judicial review of the rule; provided, that the filing of such a petition\nshall not stay or otherwise prevent the rule from becoming effective unless the court\nfinds that the petitioner has a substantial likelihood of success. The court shall give\ndeference to the actions of the Interstate Commission consistent with applicable law\nand shall not find the rule to be unlawful if t he rule represents a reasonable exercise\nof the Interstate Commission's authority.\nD. If a majority of the legislatures of the compacting states rejects a Rule by enactment\nof a statute or resolution in the same manner used to adopt the compact, then such\nrule shall have no further force and effect in any compacting state.\nARTICLE XIII\nOversight, Enforcement, and Dispute Resolution\nA. Oversight:\n1. The executive, legislative, and judicial branches of state government in each\nmember state shall enforce this compact and shall take all actions necessary\nand appropriate to effectuate the compact's purposes and intent. The\nprovisions of this compact and the rules promulgated hereunder shall have\nstanding as statutory law.\n2. All courts shall take judicial notice of the compact and the rules in any\njudicial or administrative proceeding in a member state pertaining to the\nsubject matter of this compact which may effect the powers, responsibilities,\nor actions of the Interstate Commission.\n3. The Interstate Commission shall be entitled to receive all service of process in\nany such proceeding, and shall have standing to intervene in the proceeding\nfor all purposes. Failure to provide service of process to the Interstate\nCommission shall render a judgment or order void as to the Interstate\nCommission, this compact, or promulgated rules.\nB. Default, Technical Assistance, Suspension, and Termination - If the Interstate\nCommission determines that a member state has defaulted in the performance of its\nobligations or responsibilities under this compact, the bylaws, or promulgated rules,\nthe Interstate Commission shall:\n1. Provide written notice to the defaulting state and other member states of the\nnature of default, the means of curing the default, and any action taken by the\nInterstate Commission. The Interstate Commission shall specify the\nconditions by which the defaulting state must cure its default; and\n2. Provide remedial training and specific technical assistance regarding the\ndefault.\n3. If the defaulting state fails t o cure the default, the defaulting state shall be\nterminated from the compact upon an affirmative vote of a majority of the\nmember states and all rights, privileges, and benefits conferred by this\ncompact shall be terminated from the effective date of term ination. A cure of\nthe default does not relieve the offending state of obligations or liabilities\nincurred during the period of default.\n4. Suspension or termination of membership in the compact shall be imposed\nonly after all other means of securing compl iance have been exhausted.\nNotice of intent to suspend or terminate shall be given by the Interstate\nCommission to the Governor, the majority and minority leaders of the\ndefaulting state's legislature, and each of the member states.\n5. The state which has been suspended or terminated is responsible for all\nassessments, obligations, and liabilities incurred through the effective date of\nsuspension or termination, including obligations the performance of which\nextends beyond the effective date of suspension or termination.\n6. The Interstate Commission shall not bear any costs relating to any state that\nhas been found to be in default or which has been suspended or terminated\nfrom the compact unless otherwise mutually agreed upon in writing between\nthe Interstate Commission and the defaulting state.\n7. The defaulting state may appeal the action of the Interstate Commission by\npetitioning the U.S. District Court for the District of Columbia or the federal\ndistrict where the Interstate Commission has its principal  offices. The\nprevailing party shall be awarded all costs of such litigation, including\nreasonable attorney's fees.\nC. Dispute Resolution:\n1. The Interstate Commission shall attempt, upon the request of a member state,\nto resolve disputes which are subject  to the compact and which may arise\namong member states and between member and non-member states.\n2. The Interstate Commission shall promulgate a rule providing for both\nmediation and binding dispute resolution for disputes as appropriate.\nD. Enforcement:\n1. The Interstate Commission, in the reasonable exercise of its discretion, shall\nenforce the provisions and rules of this compact.\n2. The Interstate Commission may by majority vote of the members initiate legal\naction in the United States District Court f or the District of Columbia or, at\nthe discretion of the Interstate Commission, in the federal district where the\nInterstate Commission has its principal offices, to enforce compliance with\nthe provisions of the compact, its promulgated rules, and bylaws a gainst a\nmember state in default. The relief sought may include both injunctive relief\nand damages. In the event judicial enforcement is necessary the prevailing\nparty shall be awarded all costs of such litigation, including reasonable\nattorney's fees.\n3. The remedies herein shall not be the exclusive remedies of the Interstate\nCommission. The Interstate Commission may avail itself of any other\nremedies available under state law or the regulation of a profession.\nARTICLE XIV\nFinancing of the Interstate Commission\nA. The Interstate Commission shall pay, or provide for the payment of, the reasonable\nexpenses of its establishment, organization, and ongoing activities.\nB. The Interstate Commission may levy on and collect an annual assessment from each\nmember state to cover the cost of the operations and activities of the Interstate\nCommission and its staff, which must be in a total amount sufficient to cover the\nInterstate Commission's annual budget as approved each year. The aggregate annual\nassessment amount shall be allocated based upon a formula to be determined by the\nInterstate Commission, which shall promulgate a rule binding upon all member\nstates.\nC. The Interstate Commission shall not incur obligations of any kind prior to securing\nthe funds adequate to meet the same; nor shall the Interstate Commission pledge the\ncredit of any of the member states except by and with the authority of the member\nstate.\nD. The Interst ate Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Interstate Commission shall\nbe subject to the audit and accounting procedures established under its bylaws.\nHowever, all receipts and disbu rsements of funds handled by the Interstate\nCommission shall be audited yearly by a certified or licensed public accountant and\nthe report of the audit shall be included in and become part of the annual report of\nthe Interstate Commission.\nARTICLE XV\nMember States, Effective Date, and Amendment\nA. Any state is eligible to become a member state.\nB. The compact shall become effective and binding upon legislative enactment of the\ncompact into law by no less than ten (10) of the states. The effective date shall  be\nno earlier than December 1, 2007. Thereafter it shall become effective and binding\nas to any other member state upon enactment of the compact into law by that state.\nThe governors of non -member states or their designees shall be invited to\nparticipate in the activities of the Interstate Commission on a non -voting basis prior\nto adoption of the compact by all states.\nC. The Interstate Commission may propose amendments to the compact for enactment\nby the member states. No amendment shall become effective and binding upon the\nInterstate Commission and the member states unless and until it is enacted into law\nby unanimous consent of the member states.\nARTICLE XVI\nWithdrawal and Dissolution\nA. Withdrawal:\n1. Once effective, the compact shall continue in force  and remain binding upon\neach and every member state, provided that a member state may withdraw\nfrom the compact by specifically repealing the statute which enacted the\ncompact into law.\n2. Withdrawal from this compact shall be by the enactment of a statut e repealing\nthe same, but shall not take effect until one (1) year after the effective date of\nsuch statute and until written notice of the withdrawal has been given by the\nwithdrawing state to the Governor of each other member state jurisdiction.\n3. The w ithdrawing state shall immediately notify the chairperson of the\nInterstate Commission in writing upon the introduction of legislation\nrepealing this compact in the withdrawing state. The Interstate Commission\nshall notify the other member states of the wi thdrawing state's intent to\nwithdraw within sixty (60) days of its receipt thereof.\n4. The withdrawing state is responsible for all assessments, obligations, and\nliabilities incurred through the effective date of withdrawal, including\nobligations the perfo rmance of which extends beyond the effective date of\nwithdrawal.\n5. Reinstatement following withdrawal of a member state shall occur upon the\nwithdrawing state reenacting the compact or upon such later date as\ndetermined by the Interstate Commission.\nB. Dissolution of Compact:\n1. This compact shall dissolve effective upon the date of the withdrawal or\ndefault of the member state which reduces the membership in the compact to\none (1) member state.\n2. Upon the dissolution of this compact, the compact becomes null and void and\nshall be of no further force or effect, and the business and affairs of the\nInterstate Commission shall be concluded and surplus funds shall be\ndistributed in accordance with the bylaws.\nARTICLE XVII\nSeverability and Construction\nA. The p rovisions of this compact shall be severable, and if any phrase, clause,\nsentence, or provision is deemed unenforceable, the remaining provisions of the\ncompact shall be enforceable.\nB. The provisions of this compact shall be liberally construed to effectu ate its\npurposes.\nC. Nothing in this compact shall be construed to prohibit the applicability of other\ninterstate compacts to which the states are members.\nARTICLE XVIII\nBinding Effect of Compact and Other Laws\nA. Other Laws:\n1. Nothing herein prevents the enforcement of any other law of a member state\nthat is not inconsistent with this compact.\n2. All member states' laws conflicting with this compact are superseded to the\nextent of the conflict.\nB. Binding Effect of the Compact:\n1. All lawful actions of the Interstate Commission, including all rules and\nbylaws promulgated by the Interstate Commission, are binding upon the\nmember states.\n2. All agreements between the Interstate Commission and the member states are\nbinding in accordance with their terms.\n3. In the event any provision of this compact exceeds the constitutional limits\nimposed on the legislature of any member state, such provision shall be\nineffective to the extent of the conflict with the constitutional provision in\nquestion in that member state.","path":["KRS Chapter 156"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54971","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:01Z","sha256":"475128bfa7717690914c5c309d1d9aab0d17d13d10d54ea1dc92c5337c53dc10","source_id":"us-ky","stale":false,"prev":"us-ky/krs-156.720","next":"us-ky/krs-156.735"},"notice":"GroundRules: Original legal text. Not legal advice."}