{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-510.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-510.1","heading":"Interstate Compact on Educational Opportunity for","body":"Military Children.\n\nThe Interstate Compact on Educational Opportunity for Military\n\nChildren is hereby enacted into law and entered into with all\n\njurisdictions legally joining therein, in the form substantially as\n\nfollows:\n\nINTERSTATE COMPACT ON EDUCATIONAL\n\nOPPORTUNITY FOR MILITARY CHILDREN\n\nARTICLE I. PURPOSE\n\nIt is the purpose of this compact to remove barriers to\n\neducational success imposed on children of military families because\n\nof frequent moves and deployment of their parents by:\n\n1. Facilitating the timely enrollment of children of military\n\nfamilies and ensuring that they are not placed at a disadvantage due\n\nto difficulty in the transfer of education records from the previous\n\nschool district(s) or variations in entrance/age requirements;\n\n2. Facilitating the student placement process through which\n\nchildren of military families are not disadvantaged by variations in\n\nattendance requirements, scheduling, sequencing, grading, course\n\ncontent or assessment;\n\n3. Facilitating the qualification and eligibility for enrollment,\n\neducational programs, and participation in extracurricular academic,\n\nathletic, and social activities;\n\n4. Facilitating the on-time graduation of children of military\n\nfamilies;\n\n5. Providing for the promulgation and enforcement of\n\nadministrative rules implementing the provisions of this compact;\n\n6. Providing for the uniform collection and sharing of\n\ninformation between and among member states, schools and military\n\nfamilies under this compact;\n\n7. Promoting coordination between this compact and other\n\ncompacts affecting military children; and\n\n8. Promoting flexibility and cooperation between the\n\neducational system, parents and the student in order to achieve\n\neducational success for the student.\n\nARTICLE II. DEFINITIONS\n\nAs used in this compact, unless the context clearly requires a\n\ndifferent construction:\n\n1. “Active duty” means full-time duty status in the active\n\nuniformed service of the United States, including members of the\n\nNational Guard and Military Reserve on active duty orders pursuant to\n\n10 U.S.C., Sections 1209 and 1211;\n\n2. “Children of military families” means a school-aged\n\nchild(ren), enrolled in Kindergarten through Twelfth grade, in the\n\nhousehold of an active duty member;\n\n3. \"Compact commissioner” means the voting representative of\n\neach compacting state appointed pursuant to Article VIII of this\n\nCompact;\n\n4. “Deployment” means the period one (1) month prior to the\n\nservice members’ departure from their home station on military\n\norders though six (6) months after return to their home station;\n\n5. “Education(al) records” means those official records, files,\n\nand data directly related to a student and maintained by the school\n\nor local education agency including, but not limited to, records\n\nencompassing all the material kept in the student's cumulative\n\nfolder such as general identifying data, records of attendance and\n\nof academic work completed, records of achievement and results of\n\nevaluative tests, health data, disciplinary status, test protocols,\n\nand individualized education programs;\n\n6. “Extracurricular activities” means a voluntary activity\n\nsponsored by the school or local education agency or an organization\n\nsanctioned by the local education agency. Extracurricular\n\nactivities include, but are not limited to, preparation for and\n\ninvolvement in public performances, contests, athletic competitions,\n\ndemonstrations, displays, and club activities;\n\n7. “Interstate Commission on Educational Opportunity for\n\nMilitary Children” means the commission that is created under\n\nArticle IX of this compact, which is generally referred to as\n\nInterstate Commission;\n\n8. “Local education agency” means a public authority legally\n\nconstituted by the state as an administrative agency to provide\n\ncontrol of and direction for Kindergarten through Twelfth grade\n\npublic educational institutions;\ncational Opportunity for\n\nMilitary Children” means the commission that is created under\n\nArticle IX of this compact, which is generally referred to as\n\nInterstate Commission;\n\n8. “Local education agency” means a public authority legally\n\nconstituted by the state as an administrative agency to provide\n\ncontrol of and direction for Kindergarten through Twelfth grade\n\npublic educational institutions;\n\n9. “Member state” means a state that has enacted this compact;\n\n10. “Military installation” means a base, camp, post, station,\n\nyard, center, homeport facility for any ship, or other activity\n\nunder the jurisdiction of the Department of Defense, including any\n\nleased facility, which is located within any of the several states,\n\nthe District of Columbia, the Commonwealth of Puerto Rico, the U.S.\n\nVirgin Islands, Guam, American Samoa, the Northern Mariana Islands\n\nand any other U.S. Territory. Such term does not include any\n\nfacility used primarily for civil works, rivers and harbors\n\nprojects, or flood control projects;\n\n11. “Nonmember state” means a state that has not enacted this\n\ncompact;\n\n12. “Receiving state” means the state to which a child of a\n\nmilitary family is sent, brought, or caused to be sent or brought;\n\n13. “Rule” means a written statement by the Interstate\n\nCommission promulgated pursuant to Article XII of this compact that\n\nis of general applicability, implements, interprets or prescribes a\n\npolicy or provision of the compact, or an organizational,\n\nprocedural, or practice requirement of the Interstate Commission,\n\nand has the force and effect of administrative rules in a member\n\nstate, and includes the amendment, repeal, or suspension of an\n\nexisting rule;\n\n14. “Sending state” means the state from which a child of a\n\nmilitary family is sent, brought, or caused to be sent or brought;\n\n15. “State” means a state of the United States, the District of\n\nColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,\n\nGuam, American Samoa, the Northern Mariana Islands and any other\n\nU.S. Territory;\n\n16. “Student” means the child of a military family for whom the\n\nlocal education agency receives public funding and who is formally\n\nenrolled in Kindergarten through Twelfth grade;\n\n17. “Transition” means:\n\na. the formal and physical process of transferring from\n\nschool to school, or\n\nb. the period of time in which a student moves from one\n\nschool in the sending state to another school in the\n\nreceiving state;\n\n18. “Uniformed service(s)” means the Army, Navy, Air Force,\n\nMarine Corps, Coast Guard as well as the Commissioned Corps of the\n\nNational Oceanic and Atmospheric Administration, and Public Health\n\nServices; and\n\n19. “Veteran” means a person who served in the uniformed\n\nservices and who was discharged or released therefrom under\n\nconditions other than dishonorable.\n\nARTICLE III. APPLICABILITY\n\nA. Except as otherwise provided in subsection B of this\n\narticle, this compact shall apply to the children of:\n\n1. Active duty members of the uniformed services as defined in\n\nthis compact, including members of the National Guard and Military\n\nReserve on active duty orders pursuant to 10 U.S.C., Sections 1209 and\n\n1211;\n\n2. Members or veterans of the uniformed services who are severely\n\ninjured and medically discharged or retired for a period of one (1)\n\nyear after medical discharge or retirement; and\n\n3. Members of the uniformed services who die on active duty or as\n\na result of injuries sustained on active duty for a period of one (1)\n\nyear after death.\n\nB. The provisions of this interstate compact shall only apply to\n\nlocal education agencies as defined in this compact.\n\nC. The provisions of this compact shall not apply to the\n\nchildren of:\n\n1. Inactive members of the National Guard and Military\n\nReserves;\n\n2. Members of the uniformed services now retired, except as\n\nprovided in subsection A of this article;\nperiod of one (1)\n\nyear after death.\n\nB. The provisions of this interstate compact shall only apply to\n\nlocal education agencies as defined in this compact.\n\nC. The provisions of this compact shall not apply to the\n\nchildren of:\n\n1. Inactive members of the National Guard and Military\n\nReserves;\n\n2. Members of the uniformed services now retired, except as\n\nprovided in subsection A of this article;\n\n3. Veterans of the uniformed services, except as provided in\n\nsubsection A of this article; and\n\n4. Other United States Department of Defense personnel and\n\nother federal agency civilian and contract employees not defined as\n\nactive duty members of the uniformed services.\n\nARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT\n\nA. Unofficial or “hand-carried” education records - In the\n\nevent that official education records cannot be released to the\n\nparents for the purpose of transfer, the custodian of the records in\n\nthe sending state shall prepare and furnish to the parent a complete\n\nset of unofficial educational records containing uniform information\n\nas determined by the Interstate Commission. Upon receipt of the\n\nunofficial education records by a school in the receiving state, the\n\nschool shall enroll and appropriately place the student based on the\n\ninformation provided in the unofficial records pending validation by\n\nthe official records, as quickly as possible.\n\nB. Official education records/transcripts - Simultaneously with\n\nthe enrollment and conditional placement of the student, the school\n\nin the receiving state shall request the student’s official\n\neducation record from the school in the sending state. Upon receipt\n\nof this request, the school in the sending state will process and\n\nfurnish the official education records to the school in the\n\nreceiving state within ten (10) days or within such time as is\n\nreasonably determined under the rules promulgated by the Interstate\n\nCommission.\n\nC. Immunizations - Compacting states shall give thirty (30)\n\ndays from the date of enrollment or within such time as is\n\nreasonably determined under the rules promulgated by the Interstate\n\nCommission, for students to obtain any immunization(s) required by\n\nthe receiving state. For a series of immunizations, initial\n\nvaccinations must be obtained within thirty (30) days or within such\n\ntime as is reasonably determined under the rules promulgated by the\n\nInterstate Commission.\n\nD. Kindergarten and First grade entrance age - Students shall\n\nbe allowed to continue their enrollment at grade level in the\n\nreceiving state commensurate with their grade level (including\n\nKindergarten) from a local education agency in the sending state at\n\nthe time of transition, regardless of age. A student that has\n\nsatisfactorily completed the prerequisite grade level in the local\n\neducation agency in the sending state shall be eligible for\n\nenrollment in the next highest grade level in the receiving state,\n\nregardless of age. A student transferring after the start of the\n\nschool year in the receiving state shall enter the school in the\n\nreceiving state on their validated level from an accredited school\n\nin the sending state.\n\nARTICLE V. PLACEMENT AND ATTENDANCE\n\nA. Course placement - When the student transfers before or\n\nduring the school year, the receiving state school shall initially\n\nhonor placement of the student in educational courses based on the\n\nstudent’s enrollment in the sending state school and/or educational\n\nassessments conducted at the school in the sending state if the\n\ncourses are offered. Course placement includes, but is not limited\n\nto, Honors, International Baccalaureate, Advanced Placement,\n\nvocational, technical and career pathway courses. Continuing the\n\nstudent’s academic program from the previous school and promoting\n\nplacement in academically and career challenging courses should be\n\nparamount when considering placement. This does not preclude the\nthe\n\ncourses are offered. Course placement includes, but is not limited\n\nto, Honors, International Baccalaureate, Advanced Placement,\n\nvocational, technical and career pathway courses. Continuing the\n\nstudent’s academic program from the previous school and promoting\n\nplacement in academically and career challenging courses should be\n\nparamount when considering placement. This does not preclude the\n\nschool in the receiving state from performing subsequent evaluations\n\nto ensure appropriate placement and continued enrollment of the\n\nstudent in the course(s).\n\nB. Educational program placement - The receiving state school\n\nshall initially honor placement of the student in educational programs\n\nbased on current educational assessments conducted at the school in\n\nthe sending state or participation/placement in like programs in the\n\nsending state. Such programs shall include, but are not limited to:\n\n1. Gifted and talented programs; and\n\n2. English as a second language (ESL).\n\nThis does not preclude the school in the receiving state from\n\nperforming subsequent evaluations to ensure appropriate placement of\n\nthe student.\n\nC. Special education services.\n\n1. In compliance with the federal requirements of the\n\nIndividuals with Disabilities Education Act (IDEA), 20 U.S.C.A.,\n\nSection 1400 et seq., the receiving state shall initially provide\n\ncomparable services to a student with disabilities based on his/her\n\ncurrent individualized education program (IEP).\n\n2. In compliance with the requirements of Section 504 of the\n\nRehabilitation Act, 29 U.S.C.A., Section 794, and with Title II of\n\nthe Americans with Disabilities Act, 42 U.S.C.A., Sections 12131\n\nthrough 12165, the receiving state shall make reasonable\n\naccommodations and modifications to address the needs of incoming\n\nstudents with disabilities, subject to an existing 504 or Title II\n\nPlan, to provide the student with equal access to education.\n\nThis does not preclude the school in the receiving state from\n\nperforming subsequent evaluations to ensure appropriate placement of\n\nthe student.\n\nD. Placement flexibility - Local education agency administrative\n\nofficials shall have flexibility in waiving course/program\n\nprerequisites, or other preconditions for placement in\n\ncourses/programs offered under the jurisdiction of the local education\n\nagency.\n\nE. Absence as related to deployment activities - A student whose\n\nparent or legal guardian is an active duty member of the uniformed\n\nservices, as defined by the compact, and has been called to duty\n\nfor, is on leave from, or immediately returned from deployment to a\n\ncombat zone or combat support posting, shall be granted additional\n\nexcused absences at the discretion of the local education agency\n\nsuperintendent to visit with his or her parent or legal guardian\n\nrelative to such leave or deployment of the parent or guardian.\n\nARTICLE VI. ELIGIBILITY\n\nA. Eligibility for enrollment.\n\n1. Special power of attorney, relative to the guardianship of a\n\nchild of a military family and executed under applicable law shall\n\nbe sufficient for the purposes of enrollment and all other actions\n\nrequiring parental participation and consent.\n\n2. A local education agency shall be prohibited from charging\n\nlocal tuition to a transitioning military child placed in the care\n\nof a noncustodial parent or other person standing in loco parentis\n\nwho lives in a jurisdiction other than that of the custodial parent.\n\n3. A transitioning military child, placed in the care of a\n\nnoncustodial parent or other person standing in loco parentis who\n\nlives in a jurisdiction other than that of the custodial parent, may\n\ncontinue to attend the school in which he/she was enrolled while\n\nresiding with the custodial parent.\n\nB. Eligibility for extracurricular participation - State and\n\nlocal education agencies shall facilitate the opportunity for\n\ntransitioning military children’s inclusion in extracurricular\nr person standing in loco parentis who\n\nlives in a jurisdiction other than that of the custodial parent, may\n\ncontinue to attend the school in which he/she was enrolled while\n\nresiding with the custodial parent.\n\nB. Eligibility for extracurricular participation - State and\n\nlocal education agencies shall facilitate the opportunity for\n\ntransitioning military children’s inclusion in extracurricular\n\nactivities, regardless of application deadlines, to the extent they\n\nare otherwise qualified.\n\nARTICLE VII. GRADUATION\n\nA. In order to facilitate the on-time graduation of children of\n\nmilitary families, states and local education agencies shall\n\nincorporate the following procedures:\n\n1. Waiver requirements - Local education agency administrative\n\nofficials shall waive specific courses required for graduation if\n\nsimilar course work has been satisfactorily completed in another\n\nlocal education agency or shall provide reasonable justification for\n\ndenial. Should a waiver not be granted to a student who would\n\nqualify to graduate from the sending school, the local education\n\nagency shall provide an alternative means of acquiring required\n\ncoursework so that graduation may occur on time.\n\n2. Exit exams - States shall accept:\n\na. exit or end-of-course exams required for graduation\n\nfrom the sending state,\n\nb. national norm-referenced achievement tests, or\n\nc. alternative testing in lieu of testing requirements\n\nfor graduation in the receiving state.\n\nIn the event the above alternatives cannot be accommodated by\n\nthe receiving state for a student transferring in his or her Senior\n\nyear, then the provisions of subsection B of this article shall\n\napply.\n\nB. Transfers during Senior year - Should a military student\n\ntransferring at the beginning or during his or her Senior year be\n\nineligible to graduate from the receiving local education agency\n\nafter all alternatives have been considered, the sending and\n\nreceiving local education agencies shall ensure the receipt of a\n\ndiploma from the sending local education agency, if the student\n\nmeets the graduation requirements of the sending local education\n\nagency. In the event that one of the states in question is not a\n\nmember of this compact, the member state shall use best efforts to\n\nfacilitate the on-time graduation of the student in accordance with\n\nsubsection A of this article and this subsection.\n\nARTICLE VIII. STATE COORDINATION\n\nA. Each member state shall, through the creation of a State\n\nCouncil or use of an existing body or board, provide for the\n\ncoordination among its agencies of government, local education\n\nagencies and military installations concerning the state’s\n\nparticipation in, and compliance with, this compact and Interstate\n\nCommission activities. While each member state may determine the\n\nmembership of its own State Council, its membership must include at\n\nleast:\n\n1. The State Superintendent of Public Instruction;\n\n2. The superintendent of a school district with a high\n\nconcentration of military children;\n\n3. A representative from a military installation;\n\n4. One representative each from the legislative and executive\n\nbranches of government; and\n\n5. Other offices and stakeholder groups the State Council deems\n\nappropriate.\n\nB. A member state that does not have a school district deemed to\n\ncontain a high concentration of military children may appoint a\n\nsuperintendent from another school district to represent local\n\neducation agencies on the State Council.\n\nC. The State Council of each member state shall appoint or\n\ndesignate a military family education liaison to assist military\n\nfamilies and the state in facilitating the implementation of this\n\ncompact.\n\nD. The compact commissioner responsible for the administration\n\nand management of the state's participation in the compact shall be\n\nappointed by the Governor or as otherwise determined by each member\n\nstate.\ne Council of each member state shall appoint or\n\ndesignate a military family education liaison to assist military\n\nfamilies and the state in facilitating the implementation of this\n\ncompact.\n\nD. The compact commissioner responsible for the administration\n\nand management of the state's participation in the compact shall be\n\nappointed by the Governor or as otherwise determined by each member\n\nstate.\n\nE. The compact commissioner and the military family education\n\nliaison designated herein shall be ex officio members of the State\n\nCouncil, unless either is already a full voting member of the State\n\nCouncil.\n\nARTICLE IX. INTERSTATE COMMISSION ON\n\nEDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN\n\nThe member states hereby create the “Interstate Commission on\n\nEducational Opportunity for Military Children”. The activities of\n\nthe Interstate Commission are the formation of public policy and are\n\na discretionary state function. The Interstate Commission shall:\n\n1. Be a body corporate and joint agency of the member states\n\nand shall have all the responsibilities, powers and duties set forth\n\nherein, and such additional powers as may be conferred upon it by a\n\nsubsequent concurrent action of the respective Legislatures of the\n\nmember states in accordance with the terms of this compact;\n\n2. Consist of one Interstate Commission voting representative\n\nfrom each member state who shall be that state’s compact\n\ncommissioner.\n\na. Each member state represented at a meeting of the\n\nInterstate Commission is entitled to one vote.\n\nb. A majority of the total member states shall constitute\n\na quorum for the transaction of business, unless a\n\nlarger quorum is required by the bylaws of the\n\nInterstate Commission.\n\nc. A representative shall not delegate a vote to another\n\nmember state. In the event the compact commissioner\n\nis unable to attend a meeting of the Interstate\n\nCommission, the Governor or State Council may delegate\n\nvoting authority to another person from their state\n\nfor a specified meeting.\n\nd. The bylaws may provide for meetings of the Interstate\n\nCommission to be conducted by telecommunication or\n\nelectronic communication;\n\n3. Consist of ex officio, nonvoting representatives who are\n\nmembers of interested organizations. Such ex officio members, as\n\ndefined in the bylaws, may include, but not be limited to, members\n\nof the representative organizations of military family advocates,\n\nlocal education agency officials, parent and teacher groups, the\n\nUnited States Department of Defense, the Education Commission of the\n\nStates, the Interstate Agreement on the Qualification of Educational\n\nPersonnel and other interstate compacts affecting the education of\n\nchildren of military members;\n\n4. Meet at least once each calendar year. The chairperson may\n\ncall additional meetings and, upon the request of a simple majority\n\nof the member states, shall call additional meetings;\n\n5. Establish an executive committee, whose members shall\n\ninclude the officers of the Interstate Commission and such other\n\nmembers of the Interstate Commission as determined by the bylaws.\n\nMembers of the executive committee shall serve one-year terms.\n\nMembers of the executive committee shall be entitled to one vote\n\neach. The executive committee shall have the power to act on behalf\n\nof the Interstate Commission, with the exception of rulemaking,\n\nduring periods when the Interstate Commission is not in session.\n\nThe executive committee shall oversee the day-to-day activities of\n\nthe administration of the compact including enforcement and\n\ncompliance with the provisions of the compact, its bylaws and rules,\n\nand other such duties as deemed necessary. The United States\n\nDepartment of Defense shall serve as an ex officio, nonvoting member\n\nof the executive committee;\n\n6. Establish bylaws and rules that provide for conditions and\n\nprocedures under which the Interstate Commission shall make its\nof the compact including enforcement and\n\ncompliance with the provisions of the compact, its bylaws and rules,\n\nand other such duties as deemed necessary. The United States\n\nDepartment of Defense shall serve as an ex officio, nonvoting member\n\nof the executive committee;\n\n6. Establish bylaws and rules that provide for conditions and\n\nprocedures under which the Interstate Commission shall make its\n\ninformation and official records available to the public for\n\ninspection or copying. The Interstate Commission may exempt from\n\ndisclosure information or official records to the extent they would\n\nadversely affect personal privacy rights or proprietary interests;\n\n7. Public notice shall be given by the Interstate Commission of\n\nall meetings, and all meetings shall be open to the public, except\n\nas set forth in the rules or as otherwise provided in the compact.\n\nThe Interstate Commission and its committees may close a meeting, or\n\nportion thereof, where it determines by two-thirds (2/3) vote that\n\nan open meeting would be likely to:\n\na. relate solely to the Interstate Commission’s internal\n\npersonnel practices and procedures,\n\nb. disclose matters specifically exempted from disclosure\n\nby federal and state statute,\n\nc. disclose trade secrets or commercial or financial\n\ninformation which is privileged or confidential,\n\nd. involve accusing a person of a crime, or formally\n\ncensuring a person,\n\ne. disclose information of a personal nature where\n\ndisclosure would constitute a clearly unwarranted\n\ninvasion of personal privacy,\n\nf. disclose investigative records compiled for law\n\nenforcement purposes, or\n\ng. specifically relate to the Interstate Commission’s\n\nparticipation in a civil action or other legal\n\nproceeding;\n\n8. For a meeting, or portion of a meeting, closed pursuant to\n\nthis provision, the Interstate Commission’s legal counsel or\n\ndesignee shall certify that the meeting may be closed and shall\n\nreference each relevant exemptible provision. The Interstate\n\nCommission shall keep minutes which shall fully and clearly describe\n\nall matters discussed in a meeting and shall provide a full and\n\naccurate summary of actions taken, and the reasons therefor,\n\nincluding a description of the views expressed and the record of a\n\nroll call vote. All documents considered in connection with an\n\naction shall be identified in such minutes. All minutes and\n\ndocuments of a closed meeting shall remain under seal, subject to\n\nrelease by a majority vote of the Interstate Commission;\n\n9. The Interstate Commission shall collect standardized data\n\nconcerning the educational transition of the children of military\n\nfamilies under this compact as directed through its rules which\n\nshall specify the data to be collected, the means of collection and\n\ndata exchange and reporting requirements. Such methods of data\n\ncollection, exchange and reporting shall, insofar as is reasonably\n\npossible, conform to current technology and coordinate its\n\ninformation functions with the appropriate custodian of records as\n\nidentified in the bylaws and rules; and\n\n10. The Interstate Commission shall create a process that\n\npermits military officials, education officials and parents to\n\ninform the Interstate Commission if and when there are alleged\n\nviolations of the compact or its rules or when issues subject to the\n\njurisdiction of the compact or its rules are not addressed by the\n\nstate or local education agency. This section shall not be\n\nconstrued to create a private right of action against the Interstate\n\nCommission or any member state.\n\nARTICLE X. POWERS AND DUTIES\n\nOF THE INTERSTATE COMMISSION\n\nThe Interstate Commission shall have the following powers:\n\n1. To provide for dispute resolution among member states;\n\n2. To promulgate rules and take all necessary actions to effect\n\nthe goals, purposes and obligations as enumerated in this compact.\n\nThe rules shall have the force and effect of administrative rules\nor any member state.\n\nARTICLE X. POWERS AND DUTIES\n\nOF THE INTERSTATE COMMISSION\n\nThe Interstate Commission shall have the following powers:\n\n1. To provide for dispute resolution among member states;\n\n2. To promulgate rules and take all necessary actions to effect\n\nthe goals, purposes and obligations as enumerated in this compact.\n\nThe rules shall have the force and effect of administrative rules\n\nand shall be binding in the compact states to the extent and in the\n\nmanner provided in this compact;\n\n3. To issue, upon request of a member state, advisory opinions\n\nconcerning the meaning or interpretation of the interstate compact,\n\nits bylaws, rules and actions;\n\n4. To enforce compliance with the compact provisions, the rules\n\npromulgated by the Interstate Commission, and the bylaws, using all\n\nnecessary and proper means including, but not limited to, the use of\n\njudicial process;\n\n5. To establish and maintain offices which shall be located\n\nwithin one or more of the member states;\n\n6. To purchase and maintain insurance and bonds;\n\n7. To borrow, accept, hire or contract for services of\n\npersonnel;\n\n8. To establish and appoint committees including, but not\n\nlimited to, an executive committee as required by paragraph 5 of\n\nArticle IX, which shall have the power to act on behalf of the\n\nInterstate Commission in carrying out its powers and duties\n\nhereunder;\n\n9. To elect or appoint such officers, attorneys, employees,\n\nagents, or consultants, and to fix their compensation, define their\n\nduties and determine their qualifications; and to establish the\n\nInterstate Commission’s personnel policies and programs relating to\n\nconflicts of interest, rates of compensation, and qualifications of\n\npersonnel;\n\n10. To accept any and all donations and grants of money,\n\nequipment, supplies, materials, and services, and to receive,\n\nutilize, and dispose of it;\n\n11. To lease, purchase, accept contributions or donations of,\n\nor otherwise to own, hold, improve or use any property, real,\n\npersonal, or mixed;\n\n12. To sell, convey, mortgage, pledge, lease, exchange,\n\nabandon, or otherwise dispose of any property, real, personal or\n\nmixed;\n\n13. To establish a budget and make expenditures;\n\n14. To adopt a seal and bylaws governing the management and\n\noperation of the Interstate Commission;\n\n15. To report annually to the Legislatures, Governors,\n\njudiciary, and State Councils of the member states concerning the\n\nactivities of the Interstate Commission during the preceding year.\n\nSuch reports shall also include any recommendations that may have\n\nbeen adopted by the Interstate Commission;\n\n16. To coordinate education, training and public awareness\n\nregarding the compact, its implementation and operation for\n\nofficials and parents involved in such activity;\n\n17. To establish uniform standards for the reporting,\n\ncollecting and exchanging of data;\n\n18. To maintain corporate books and records in accordance with\n\nthe bylaws;\n\n19. To perform such functions as may be necessary or\n\nappropriate to achieve the purposes of this compact; and\n\n20. To provide for the uniform collection and sharing of\n\ninformation between and among member states, schools and military\n\nfamilies under this compact.\n\nARTICLE XI. ORGANIZATION AND\n\nOPERATION OF THE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall, by a majority of the\n\nmembers present and voting, within twelve (12) months after the\n\nfirst Interstate Commission meeting, adopt bylaws to govern its\n\nconduct as may be necessary or appropriate to carry out the purposes\n\nof the compact including, but not limited to:\n\n1. Establishing the fiscal year of the Interstate Commission;\n\n2. Establishing an executive committee and such other\n\ncommittees as may be necessary;\n\n3. Providing for the establishment of committees and for\n\ngoverning any general or specific delegation of authority or\n\nfunction of the Interstate Commission;\ny or appropriate to carry out the purposes\n\nof the compact including, but not limited to:\n\n1. Establishing the fiscal year of the Interstate Commission;\n\n2. Establishing an executive committee and such other\n\ncommittees as may be necessary;\n\n3. Providing for the establishment of committees and for\n\ngoverning any general or specific delegation of authority or\n\nfunction of the Interstate Commission;\n\n4. Providing reasonable procedures for calling and conducting\n\nmeetings of the Interstate Commission and ensuring reasonable notice\n\nof each such meeting;\n\n5. Establishing the titles and responsibilities of the officers\n\nand staff of the Interstate Commission;\n\n6. Providing a mechanism for concluding the operations of the\n\nInterstate Commission and the return of surplus funds that may exist\n\nupon the termination of the compact after the payment and reserving\n\nof all of its debts and obligations; and\n\n7. Providing \"start-up\" rules for initial administration of the\n\ncompact.\n\nB. The Interstate Commission shall, by a majority of the\n\nmembers, elect annually from among its members a chairperson, a\n\nvice-chairperson, and a treasurer, each of whom shall have such\n\nauthority and duties as may be specified in the bylaws. The\n\nchairperson or, in the chairperson’s absence or disability, the\n\nvice-chairperson, shall preside at all meetings of the Interstate\n\nCommission. The officers so elected shall serve without\n\ncompensation or remuneration from the Interstate Commission;\n\nprovided that, subject to the availability of budgeted funds, the\n\nofficers shall be reimbursed for ordinary and necessary costs and\n\nexpenses incurred by them in the performance of their\n\nresponsibilities as officers of the Interstate Commission.\n\nC. Executive committee, officers, and personnel.\n\n1. The executive committee shall have such authority and duties\n\nas may be set forth in the bylaws including, but not limited to:\n\na. managing the affairs of the Interstate Commission in a\n\nmanner consistent with the bylaws and purposes of the\n\nInterstate Commission,\n\nb. overseeing an organizational structure within, and\n\nappropriate procedures for the Interstate Commission\n\nto provide for the creation of rules, operating\n\nprocedures, and administrative and technical support\n\nfunctions, and\n\nc. planning, implementing, and coordinating\n\ncommunications and activities with other state,\n\nfederal and local government organizations in order to\n\nadvance the goals of the Interstate Commission.\n\n2. The executive committee may, subject to the approval of the\n\nInterstate Commission, appoint or retain an executive director for\n\nsuch period, upon such terms and conditions and for such\n\ncompensation, as the Interstate Commission may deem appropriate.\n\nThe executive director shall serve as secretary to the Interstate\n\nCommission, but shall not be a member of the Interstate Commission.\n\nThe executive director shall hire and supervise such other persons\n\nas may be authorized by the Interstate Commission.\n\nD. 1. The Interstate Commission’s executive director and its\n\nemployees shall be immune from suit and liability, either personally\n\nor in their official capacity, for a claim for damage to or loss of\n\nproperty or personal injury or other civil liability caused or\n\narising out of or relating to an actual or alleged act, error, or\n\nomission that occurred, or that such person had a reasonable basis\n\nfor believing occurred, within the scope of Interstate Commission\n\nemployment, duties, or responsibilities; provided, that such person\n\nshall not be protected from suit or liability for damage, loss,\n\ninjury, or liability caused by the intentional or willful and wanton\n\nmisconduct of such person.\n\n2. The liability of the Interstate Commission’s executive\n\ndirector and employees or Interstate Commission representatives,\n\nacting within the scope of such person's employment or duties for\n\nacts, errors, or omissions occurring within such person’s state may\nfrom suit or liability for damage, loss,\n\ninjury, or liability caused by the intentional or willful and wanton\n\nmisconduct of such person.\n\n2. The liability of the Interstate Commission’s executive\n\ndirector and employees or Interstate Commission representatives,\n\nacting within the scope of such person's employment or duties for\n\nacts, errors, or omissions occurring within such person’s state may\n\nnot exceed the limits of liability set forth under the Constitution\n\nand laws of that state for state officials, employees, and agents.\n\nThe Interstate Commission is considered to be an instrumentality of\n\nthe states for the purposes of any such action. Nothing in this\n\nsubsection shall be construed to protect such person from suit or\n\nliability for damage, loss, injury, or liability caused by the\n\nintentional or willful and wanton misconduct of such person.\n\n3. The Interstate Commission shall defend the executive\n\ndirector and its employees and, subject to the approval of the\n\nAttorney General or other appropriate legal counsel of the member\n\nstate represented by an Interstate Commission representative, shall\n\ndefend such Interstate Commission representative in any civil action\n\nseeking to impose liability arising out of an actual or alleged act,\n\nerror or omission that occurred within the scope of Interstate\n\nCommission employment, duties or responsibilities, or that the\n\ndefendant had a reasonable basis for believing occurred within the\n\nscope of Interstate Commission employment, duties, or\n\nresponsibilities; provided, that the actual or alleged act, error,\n\nor omission did not result from intentional or willful and wanton\n\nmisconduct on the part of such person.\n\n4. To the extent not covered by the state involved, member\n\nstate, or the Interstate Commission, the representatives or\n\nemployees of the Interstate Commission shall be held harmless in the\n\namount of a settlement or judgment, including attorney fees and\n\ncosts, obtained against such persons arising out of an actual or\n\nalleged act, error, or omission that occurred within the scope of\n\nInterstate Commission employment, duties, or responsibilities, or\n\nthat such persons had a reasonable basis for believing occurred\n\nwithin the scope of Interstate Commission employment, duties, or\n\nresponsibilities; provided, that the actual or alleged act, error,\n\nor omission did not result from intentional or willful and wanton\n\nmisconduct on the part of such persons.\n\nARTICLE XII. RULEMAKING FUNCTIONS\n\nOF THE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall promulgate reasonable rules\n\nin order to effectively and efficiently achieve the purposes of this\n\ncompact. Notwithstanding the foregoing, in the event the Interstate\n\nCommission exercises its rulemaking authority in a manner that is\n\nbeyond the scope of the purposes of this act, or the powers granted\n\nhereunder, then such an action by the Interstate Commission shall be\n\ninvalid and have no force or effect.\n\nB. Rules shall be made pursuant to a rulemaking process that\n\nsubstantially conforms to the “Model State Administrative Procedure\n\nAct” of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as\n\namended, as may be appropriate to the operations of the Interstate\n\nCommission.\n\nC. Not later than thirty (30) days after a rule is promulgated,\n\nany person may file a petition for judicial review of the rule;\n\nprovided, that the filing of such a petition shall not stay or\n\notherwise prevent the rule from becoming effective unless the court\n\nfinds that the petitioner has a substantial likelihood of success.\n\nThe court shall give deference to the actions of the Interstate\n\nCommission consistent with applicable law and shall not find the\n\nrule to be unlawful if the rule represents a reasonable exercise of\n\nthe Interstate Commission's authority.\n\nD. If a majority of the Legislatures of the compacting states\n\nrejects a rule by enactment of a statute or resolution in the same\nantial likelihood of success.\n\nThe court shall give deference to the actions of the Interstate\n\nCommission consistent with applicable law and shall not find the\n\nrule to be unlawful if the rule represents a reasonable exercise of\n\nthe Interstate Commission's authority.\n\nD. If a majority of the Legislatures of the compacting states\n\nrejects a rule by enactment of a statute or resolution in the same\n\nmanner used to adopt the compact, then such rule shall have no further\n\nforce and effect in any compacting state.\n\nARTICLE XIII. OVERSIGHT,\n\nENFORCEMENT, AND DISPUTE RESOLUTION\n\nA. Oversight.\n\n1. The executive, legislative and judicial branches of state\n\ngovernment in each member state shall enforce this compact and shall\n\ntake all actions necessary and appropriate to effectuate the\n\ncompact’s purposes and intent. The provisions of this compact and\n\nthe rules promulgated hereunder shall have standing as\n\nadministrative rules.\n\n2. All courts shall take judicial notice of the compact and the\n\nrules in any judicial or administrative proceeding in a member state\n\npertaining to the subject matter of this compact which may affect\n\nthe powers, responsibilities or actions of the Interstate\n\nCommission.\n\n3. The Interstate Commission shall be entitled to receive all\n\nservice of process in any such proceeding and shall have standing to\n\nintervene in the proceeding for all purposes. Failure to provide\n\nservice of process to the Interstate Commission shall render a\n\njudgment or order void as to the Interstate Commission, this compact\n\nor promulgated rules.\n\nB. Default, technical assistance, suspension and termination.\n\nIf the Interstate Commission determines that a member state has\n\ndefaulted in the performance of its obligations or responsibilities\n\nunder this compact, or the bylaws or promulgated rules, the\n\nInterstate Commission shall:\n\n1. Provide written notice to the defaulting state and other\n\nmember states, of the nature of the default, the means of curing the\n\ndefault and any action taken by the Interstate Commission. The\n\nInterstate Commission shall specify the conditions by which the\n\ndefaulting state must cure its default;\n\n2. Provide remedial training and specific technical assistance\n\nregarding the default;\n\n3. If the defaulting state fails to cure the default, the\n\ndefaulting state shall be terminated from the compact upon an\n\naffirmative vote of a majority of the member states and all rights,\n\nprivileges and benefits conferred by this compact shall be\n\nterminated from the effective date of termination. A cure of the\n\ndefault does not relieve the offending state of obligations or\n\nliabilities incurred during the period of the default;\n\n4. Suspension or termination of membership in the compact shall\n\nbe imposed only after all other means of securing compliance have\n\nbeen exhausted. Notice of intent to suspend or terminate shall be\n\ngiven by the Interstate Commission to the Governor, the majority and\n\nminority leaders of the defaulting state's Legislature, and each of\n\nthe member states;\n\n5. The state which has been suspended or terminated is\n\nresponsible for all assessments, obligations and liabilities\n\nincurred through the effective date of suspension or termination\n\nincluding obligations, the performance of which extends beyond the\n\neffective date of suspension or termination;\n\n6. The Interstate Commission shall not bear any costs relating\n\nto any state that has been found to be in default or which has been\n\nsuspended or terminated from the compact, unless otherwise mutually\n\nagreed upon in writing between the Interstate Commission and the\n\ndefaulting state; and\n\n7. The defaulting state may appeal the action of the Interstate\n\nCommission by petitioning the U.S. District Court for the District\n\nof Columbia or the federal district where the Interstate Commission\n\nhas its principal offices. The prevailing party shall be awarded\nhoma Statutes - Title 70. Schools Page 1034\n\nagreed upon in writing between the Interstate Commission and the\n\ndefaulting state; and\n\n7. The defaulting state may appeal the action of the Interstate\n\nCommission by petitioning the U.S. District Court for the District\n\nof Columbia or the federal district where the Interstate Commission\n\nhas its principal offices. The prevailing party shall be awarded\n\nall costs of such litigation including reasonable attorney fees.\n\nC. Dispute resolution.\n\n1. The Interstate Commission shall attempt, upon the request of\n\na member state, to resolve disputes which are subject to the compact\n\nand which may arise among member states and between member and\n\nnonmember states.\n\n2. The Interstate Commission shall promulgate a rule providing\n\nfor both mediation and binding dispute resolution for disputes as\n\nappropriate.\n\nD. Enforcement.\n\n1. The Interstate Commission, in the reasonable exercise of its\n\ndiscretion, shall enforce the provisions and rules of this compact.\n\n2. The Interstate Commission may, by majority vote of the\n\nmembers, initiate legal action in the United States District Court\n\nfor the District of Columbia or, at the discretion of the Interstate\n\nCommission, in the federal district where the Interstate Commission\n\nhas its principal offices, to enforce compliance with the provisions\n\nof the compact, its promulgated rules and bylaws, against a member\n\nstate in default. The relief sought may include both injunctive\n\nrelief and damages. In the event judicial enforcement is necessary,\n\nthe prevailing party shall be awarded all costs of such litigation\n\nincluding reasonable attorney fees.\n\n3. The remedies herein shall not be the exclusive remedies of\n\nthe Interstate Commission. The Interstate Commission may avail\n\nitself of any other remedies available under state law or the\n\nregulation of a profession.\n\nARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall pay, or provide for the\n\npayment of the reasonable expenses of its establishment,\n\norganization and ongoing activities.\n\nB. The Interstate Commission may levy on and collect an annual\n\nassessment from each member state to cover the cost of the\n\noperations and activities of the Interstate Commission and its staff\n\nwhich must be in a total amount sufficient to cover the Interstate\n\nCommission’s annual budget as approved each year. The aggregate\n\nannual assessment amount shall be allocated based upon a formula to\n\nbe determined by the Interstate Commission, which shall promulgate a\n\nrule binding upon all member states.\n\nC. The Interstate Commission shall not incur obligations of any\n\nkind prior to securing the funds adequate to meet the same; nor\n\nshall the Interstate Commission pledge the credit of any of the\n\nmember states, except by and with the authority of the member state.\n\nD. The Interstate Commission shall keep accurate accounts of\n\nall receipts and disbursements. The receipts and disbursements of\n\nthe Interstate Commission shall be subject to the audit and\n\naccounting procedures established under its bylaws. However, all\n\nreceipts and disbursements of funds handled by the Interstate\n\nCommission shall be audited yearly by a certified or licensed public\n\naccountant, and the report of the audit shall be included in and\n\nbecome part of the annual report of the Interstate Commission.\n\nARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT\n\nA. Any state is eligible to become a member state.\n\nB. The compact shall become effective and binding upon\n\nlegislative enactment of the compact into law by no less than ten of\n\nthe states. The effective date shall be no earlier than December 1,\n\n2007. Thereafter it shall become effective and binding as to any\n\nother member state upon enactment of the compact into law by that\n\nstate. The governors of nonmember states or their designees shall\n\nbe invited to participate in the activities of the Interstate\nlegislative enactment of the compact into law by no less than ten of\n\nthe states. The effective date shall be no earlier than December 1,\n\n2007. Thereafter it shall become effective and binding as to any\n\nother member state upon enactment of the compact into law by that\n\nstate. The governors of nonmember states or their designees shall\n\nbe invited to participate in the activities of the Interstate\n\nCommission on a nonvoting basis prior to adoption of the compact by\n\nall states.\n\nC. The Interstate Commission may propose amendments to the\n\ncompact for enactment by the member states. No amendment shall\n\nbecome effective and binding upon the Interstate Commission and the\n\nmember states unless and until it is enacted into law by unanimous\n\nconsent of the member states.\n\nARTICLE XVI. WITHDRAWAL AND DISSOLUTION\n\nA. Withdrawal.\n\n1. Once effective, the compact shall continue in force and\n\nremain binding upon each and every member state; provided, that a\n\nmember state may withdraw from the compact by specifically repealing\n\nthe statute which enacted the compact into law.\n\n2. Withdrawal from this compact shall be by the enactment of a\n\nstatute repealing the same, but shall not take effect until one (1)\n\nyear after the effective date of such statute and until written\n\nnotice of the withdrawal has been given by the withdrawing state to\n\nthe Governor of each other member jurisdiction.\n\n3. The withdrawing state shall immediately notify the\n\nchairperson of the Interstate Commission in writing upon the\n\nintroduction of legislation repealing this compact in the\n\nwithdrawing state. The Interstate Commission shall notify the other\n\nmember states of the withdrawing state’s intent to withdraw within\n\nsixty (60) days of its receipt thereof.\n\n4. The withdrawing state is responsible for all assessments,\n\nobligations and liabilities incurred through the effective date of\n\nwithdrawal, including obligations, the performance of which extends\n\nbeyond the effective date of withdrawal.\n\n5. Reinstatement following withdrawal of a member state shall\n\noccur upon the withdrawing state reenacting the compact or upon such\n\nlater date as determined by the Interstate Commission.\n\nB. Dissolution of compact.\n\n1. This compact shall dissolve effective upon the date of the\n\nwithdrawal or default of the member state which reduces the\n\nmembership in the compact to one member state.\n\n2. Upon the dissolution of this compact, the compact becomes\n\nnull and void and shall be of no further force or effect, and the\n\nbusiness and affairs of the Interstate Commission shall be concluded\n\nand surplus funds shall be distributed in accordance with the\n\nbylaws.\n\nARTICLE XVII. SEVERABILITY AND CONSTRUCTION\n\nA. The provisions of this compact shall be severable and, if\n\nany phrase, clause, sentence or provision is deemed unenforceable,\n\nthe remaining provisions of the compact shall be enforceable.\n\nB. The provisions of this compact shall be liberally construed\n\nto effectuate its purposes.\n\nC. Nothing in this compact shall be construed to prohibit the\n\napplicability of other interstate compacts to which the states are\n\nmembers.\n\nARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS\n\nA. Other laws.\n\n1. Nothing herein prevents the enforcement of any other law of\n\na member state that is not inconsistent with this compact.\n\n2. All member states' laws conflicting with this compact are\n\nsuperseded to the extent of the conflict.\n\nB. Binding effect of the compact.\n\n1. All lawful actions of the Interstate Commission, including\n\nall rules and bylaws promulgated by the Interstate Commission, are\n\nbinding upon the member states.\n\n2. All agreements between the Interstate Commission and the\n\nmember states are binding in accordance with their terms.\n\n3. In the event any provision of this compact exceeds the\n\nconstitutional limits imposed on the Legislature of any member\n\nstate, such provision shall be ineffective to the extent of the\nes and bylaws promulgated by the Interstate Commission, are\n\nbinding upon the member states.\n\n2. All agreements between the Interstate Commission and the\n\nmember states are binding in accordance with their terms.\n\n3. In the event any provision of this compact exceeds the\n\nconstitutional limits imposed on the Legislature of any member\n\nstate, such provision shall be ineffective to the extent of the\n\nconflict with the constitutional provision in question in that\n\nmember state.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"be8c00b417a7e601a11af8bd61064fe813a6b64e3fa8baed7da31244d4dd2bbd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-509.9","next":"us-ok/okla.-stat.-tit.-70-70-510.2"},"notice":"GroundRules: Original legal text. Not legal advice."}