HB 4813

substitute for
House BILL NO. 4813
A bill to amend 2008 PA 160, entitled
"An act entering into the interstate compact on
educational opportunity for military children: and for related purposes,"
by amending sections 1 and 2 (MCL 3.1041 and 3.1042).
the peoplE of the state of michigan enact:
Sec. 1. The interstate compact on
educational opportunity for military children is enacted into law and entered
into with all jurisdictions legally joining in the compact, in the form
substantially as follows:
Interstate Compact on Educational
Opportunity for Military Children
ARTICLE I
PURPOSE
It is the purpose
of this compact to remove barriers to educational success imposed on children
of military families because of frequent moves and deployment of their parents
by:
A. Facilitating the
timely enrollment of children of military families and ensuring that they are
not placed at a disadvantage due to difficulty in the transfer of education
records from the previous school district(s) or variations in entrance/age
requirements.
B. Facilitating the
student placement process through which children of military families are not
disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment.
C. Facilitating the
qualification and eligibility for enrollment, educational programs, and
participation in extracurricular academic, athletic, and social activities.
D. Facilitating the
on-time graduation of children of military families.
E. Providing for
the promulgation and enforcement of administrative rules implementing the
provisions of this compact.
F. Providing for
the uniform collection and sharing of information between and among member
states, schools and military families under this compact.
G. Promoting
coordination between this compact and other compacts affecting military
children.
H. Promoting
flexibility and cooperation between the educational system, parents and the
student in order to achieve educational success for the student.
ARTICLE II
DEFINITIONS
As used in this
compact, unless the context clearly requires a different construction:
A. "Active
duty" means: full-time duty status in the active uniformed service of the
United States, including members of the National Guard and Reserve on active
duty orders pursuant to 10 U.S.C. Section Chapter 1209 and 1211.
B. "Armed Forces of the United States" means the Army, Navy,
Air Force, Marine Corps, Space Force, and Coast Guard, including any reserve
components.
C. B. "Children
of military families" means: a school-aged child(ren), enrolled in
Kindergarten through Twelfth (12th) grade, in the household of an active duty a
currently enlisted member.
D. C. "Compact
commissioner" means: the voting representative of each compacting state
appointed pursuant to Article VIII of this compact.
E. D. "Deployment"
means: the period one (1) month prior to the service members' departure from
their home station on military orders though six (6) months after return to
their home station.
F. E. "Education(al)
records" means: those official records, files, and data directly related
to a student and maintained by the school or local education agency, including
but not limited to records encompassing all the material kept in the student's
cumulative folder such as general identifying data, records of attendance and
of academic work completed, records of achievement and results of evaluative
tests, health data, disciplinary status, test protocols, and individualized
education programs.
G. F. "Extracurricular
activities" means: a voluntary activity sponsored by the school or local
education agency or an organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to, preparation for and
involvement in public performances, contests, athletic competitions,
demonstrations, displays, and club activities.
H. G. "Interstate
Commission on Educational Opportunity for Military Children" means: the
commission that is created under Article IX of this compact, which is generally
referred to as Interstate Commission.
I. H. "Local
education agency" means: a public authority legally constituted by the
state as an administrative agency to provide control of and direction for
Kindergarten through Twelfth (12th) grade public educational institutions.
J. I. "Member
state" means: a state that has enacted this compact.
K. J. "Military
installation" means: a base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the jurisdiction of the
Department of Defense, including any leased facility, which is located within
any of the several States, the District of Columbia, the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands and any other U.S. Territory. Such term does not include any facility
used primarily for civil works, rivers and harbors projects, or flood control
projects.
L. K. "Non-member
state" means: a state that has not enacted this compact.
M. L. "Receiving
state" means: the state to which a child of a military family is sent,
brought, or caused to be sent or brought.
N. M. "Rule"
means: a written statement by the Interstate Commission promulgated pursuant to
Article XII of this compact that is of general applicability, implements,
interprets or prescribes a policy or provision of the Compact, or an
organizational, procedural, or practice requirement of the Interstate
Commission, and has the force and effect of statutory law in a member state,
and includes the amendment, repeal, or suspension of an existing rule.
O. N. "Sending
state" means: the state from which a child of a military family is sent,
brought, or caused to be sent or brought.
P. O. "State"
means: a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern
Marianas Islands and any other U.S. Territory.
Q. P. "Student"
means: the child of a military family for whom the local education agency
receives public funding and who is formally enrolled in Kindergarten through
Twelfth (12th) grade.
R. Q. "Transition"
means: 1) the formal and physical process of transferring from school to school
or 2) the period of time in which a student moves from one school in the
sending state to another school in the receiving state.
S. R. "Uniformed
service(s)" means: the Army, Navy, Air Force, Marine Corps, Coast Guard as
well as the Commissioned Corps of the National Oceanic and Atmospheric
Administration, and Public Health Services and any
component thereof.
T. S. "Veteran"
means: a person who served in the uniformed services and who was discharged or
released there from under conditions other than dishonorable.
ARTICLE III
APPLICABILITY
A. Except as
otherwise provided in Section B, this compact shall apply to the children of:
1. active duty currently
enlisted members of the uniformed services as defined in this compact,
including members of the National Guard and Reserve on active duty orders
pursuant to 10 U.S.C. Section Chapter 1209 and 1211;
2. members or
veterans of the uniformed services who are severely injured and medically
discharged or retired for a period of one (1) year after medical discharge or
retirement; and
3. members of the
uniformed services who die on active duty or as a result of injuries sustained
on active duty for a period of one (1) year after death.
B. The provisions
of this interstate compact shall only apply to local education agencies as
defined in this compact.
C. The provisions
of this compact shall not apply to the children of:
1. inactive members
of the national guard and military reserves;
2. members of the
uniformed services now retired, except as provided in Section A;
3. veterans of the
uniformed services, except as provided in Section A; and
4. other U.S. Dept.
of Defense personnel and other federal agency civilian and contract employees
not defined as active duty members of the uniformed services.
ARTICLE IV
EDUCATIONAL RECORDS & ENROLLMENT
A. Unofficial or
"hand-carried" education records – In the event that official
education records cannot be released to the parents for the purpose of
transfer, the custodian of the records in the sending state shall prepare and
furnish to the parent a complete set of unofficial educational records
containing uniform information as determined by the Interstate Commission. Upon
receipt of the unofficial education records by a school in the receiving state,
the school shall enroll and appropriately place the student based on the
information provided in the unofficial records pending validation by the
official records, as quickly as possible.
B. Official
education records/transcripts - Simultaneous with the enrollment and
conditional placement of the student, the school in the receiving state shall
request the student's official education record from the school in the sending
state. Upon receipt of this request, the school in the sending state will
process and furnish the official education records to the school in the
receiving state within ten (10) days or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission.
C. Immunizations –
Compacting states shall give thirty (30) days from the date of enrollment or
within such time as is reasonably determined under the rules promulgated by the
Interstate Commission, for students to obtain any immunization(s) required by the
receiving state. For a series of immunizations, initial vaccinations must be
obtained within thirty (30) days or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission.
D. Kindergarten and
First grade entrance age – Students shall be allowed to continue their
enrollment at grade level in the receiving state commensurate with their grade
level (including Kindergarten) from a local education agency in the sending
state at the time of transition, regardless of age. A student that has
satisfactorily completed the prerequisite grade level in the local education
agency in the sending state shall be eligible for enrollment in the next
highest grade level in the receiving state, regardless of age. A student
transferring after the start of the school year in the receiving state shall
enter the school in the receiving state on their validated level from an
accredited school in the sending state.
ARTICLE V
PLACEMENT & ATTENDANCE
A. Course placement
- When the student transfers before or during the school year, the receiving
state school shall initially honor placement of the student in educational
courses based on the student's enrollment in the sending state school and/or
educational assessments conducted at the school in the sending state if the
courses are offered. Course placement includes but is not limited to Honors,
International Baccalaureate, Advanced Placement, vocational, technical and
career pathways courses. Continuing the student's academic program from the
previous school and promoting placement in academically and career challenging
courses should be paramount when considering placement. This does not preclude
the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement and continued enrollment of the student in the
course(s).
B. Educational
program placement – The receiving state school shall initially honor placement
of the student in educational programs based on current educational assessments
conducted at the school in the sending state or participation/placement in like
programs in the sending state. Such programs include, but are not limited to:
1) gifted and talented programs; and 2) English as a second language (ESL).
This does not preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement of the student.
C. Special
education services – 1) In compliance with the federal requirements of the
Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et
seq, the receiving state shall initially provide comparable services to a
student with disabilities based on his/her current Individualized Education
Program (IEP); and 2) In compliance with the requirements of Section 504 of the
Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans
with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state
shall make reasonable accommodations and modifications to address the needs of
incoming students with disabilities, subject to an existing 504 or Title II
Plan, to provide the student with equal access to education. This does not
preclude the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
D. Placement
flexibility – Local education agency administrative officials shall have
flexibility in waiving course/program prerequisites, or other preconditions for
placement in courses/programs offered under the jurisdiction of the local
education agency.
E. Absence as
related to deployment activities – A student whose parent or legal guardian is
an active duty member of the uniformed services, as defined by the compact, and
has been called to duty for, is on leave from, or immediately returned from
deployment to a combat zone or combat support posting, shall be granted
additional excused absences at the discretion of the local education agency
superintendent to visit with his or her parent or legal guardian relative to
such leave or deployment of the parent or guardian.
ARTICLE VI
ELIGIBILITY
A. Eligibility for
enrollment
1. Special power of
attorney, relative to the guardianship of a child of a military family and
executed under applicable law shall be sufficient for the purposes of
enrollment and all other actions requiring parental participation and consent.
2. A local
education agency shall be prohibited from charging local tuition to a
transitioning military child placed in the care of a non-custodial parent or
other person standing in loco parentis who lives in a jurisdiction other than
that of the custodial parent.
3. A transitioning
military child, placed in the care of a non-custodial parent or other person
standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent, may continue to attend the school in which he/she was
enrolled while residing with the custodial parent.
B. Eligibility for
extracurricular participation - State and local education agencies shall
facilitate the opportunity for transitioning military children's inclusion in
extracurricular activities, regardless of application deadlines, to the extent
they are otherwise qualified.
ARTICLE VII
GRADUATION
In order to
facilitate the on-time graduation of children of military families states and
local education agencies shall incorporate the following procedures:
A. Waiver
requirements – Local education agency administrative officials shall waive
specific courses required for graduation if similar course work has been
satisfactorily completed in another local education agency or shall provide
reasonable justification for denial. Should a waiver not be granted to a
student who would qualify to graduate from the sending school, the local
education agency shall provide an alternative means of acquiring required
coursework so that graduation may occur on time.
B. Exit exams -
States shall accept: 1) exit or end-of-course exams required for graduation
from the sending state; or 2) national norm referenced achievement tests or 3)
alternative testing, in lieu of testing requirements for graduation in the
receiving state. In the event the above alternatives cannot be accommodated by
the receiving state for a student transferring in his or her Senior year, then
the provisions of Article VII, Section C shall apply.
C. Transfers during
Senior year – Should a military student transferring at the beginning or during
his or her Senior year be ineligible to graduate from the receiving local
education agency after all alternatives have been considered, the sending and
receiving local education agencies shall ensure the receipt of a diploma from
the sending local education agency, if the student meets the graduation
requirements of the sending local education agency. In the event that one of
the states in question is not a member of this compact, the member state shall
use best efforts to facilitate the on-time graduation of the student in
accordance with Sections A and B of this Article.
ARTICLE VIII
STATE COORDINATION
A. Each member
state shall, through the creation of a State Council or use of an existing body
or board, provide for the coordination among its agencies of government, local
education agencies and military installations concerning the state's
participation in, and compliance with, this compact and Interstate Commission
activities. While each member state may determine the membership of its own
State Council, its membership must include at least: the state superintendent
of education, superintendent of a school district with a high concentration of
military children, representative from a military installation, one representative
each from the legislative and executive branches of government, and other
offices and stakeholder groups the State Council deems appropriate. A member
state that does not have a school district deemed to contain a high
concentration of military children may appoint a superintendent from another
school district to represent local education agencies on the State Council.
B. The State
Council of each member state shall appoint or designate a military family
education liaison to assist military families and the state in facilitating the
implementation of this compact.
C. The compact
commissioner responsible for the administration and management of the state's
participation in the compact shall be appointed by the Governor or as otherwise
determined by each member state.
D. The compact
commissioner and the military family education liaison designated herein shall
be ex-officio members of the State Council, unless either is already a full
voting member of the State Council.
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
The member states
hereby create the "Interstate Commission on Educational Opportunity for
Military Children." The activities of the Interstate Commission are the
formation of public policy and are a discretionary state function. The
Interstate Commission shall:
A. Be a body
corporate and joint agency of the member states and shall have all the
responsibilities, powers and duties set forth herein, and such additional
powers as may be conferred upon it by a subsequent concurrent action of the
respective legislatures of the member states in accordance with the terms of
this compact.
B. Consist of one
Interstate Commission voting representative from each member state who shall be
that state's compact commissioner.
1. Each member
state represented at a meeting of the Interstate Commission is entitled to one
vote.
2. A majority of
the total member states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the Interstate
Commission.
3. A representative
shall not delegate a vote to another member state. In the event the compact
commissioner is unable to attend a meeting of the Interstate Commission, the
Governor or State Council may delegate voting authority to another person from
their state for a specified meeting.
4. The bylaws may
provide for meetings of the Interstate Commission to be conducted by
telecommunication or electronic communication.
C. Consist of
ex-officio, non-voting representatives who are members of interested
organizations. Such ex-officio members, as defined in the bylaws, may include
but not be limited to, members of the representative organizations of military
family advocates, local education agency officials, parent and teacher groups,
the U.S. Department of Defense, the Education Commission of the States, the
Interstate Agreement on the Qualification of Educational Personnel and other
interstate compacts affecting the education of children of military members.
D. Meet at least
once each calendar year. The chairperson may call additional meetings and, upon
the request of a simple majority of the member states, shall call additional
meetings.
E. Establish an
executive committee, whose members shall include the officers of the Interstate
Commission and such other members of the Interstate Commission as determined by
the bylaws. Members of the executive committee shall serve a one year term. Members
of the executive committee shall be entitled to one vote each. The executive
committee shall have the power to act on behalf of the Interstate Commission,
with the exception of rulemaking, during periods when the Interstate Commission
is not in session. The executive committee shall oversee the day-to-day
activities of the administration of the compact including enforcement and
compliance with the provisions of the compact, its bylaws and rules, and other
such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an
ex-officio, nonvoting member of the executive committee.
F. Establish bylaws
and rules that provide for conditions and procedures under which the Interstate
Commission shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may exempt from disclosure
information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
G. Give public
notice of all meetings and all meetings shall be open to the public, except as
set forth in the rules or as otherwise provided in the compact. The Interstate
Commission and its committees may close a meeting, or portion thereof, where it
determines by two-thirds vote that an open meeting would be likely to:
1. Relate solely to
the Interstate Commission's internal personnel practices and procedures;
2. Disclose matters
specifically exempted from disclosure by federal and state statute;
3. Disclose trade
secrets or commercial or financial information which is privileged or
confidential;
4. Involve accusing
a person of a crime, or formally censuring a person;
5. Disclose
information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
6. Disclose
investigative records compiled for law enforcement purposes; or
7. Specifically
relate to the Interstate Commission's participation in a civil action or other
legal proceeding.
H. Shall cause its
legal counsel or designee to certify that a meeting may be closed and shall
reference each relevant exemptible provision for any meeting, or portion of a
meeting, which is closed pursuant to this provision. The Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken,
and the reasons therefore, including a description of the views expressed and
the record of a roll call vote. All documents considered in connection with an
action shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a majority vote
of the Interstate Commission.
I. Shall collect
standardized data concerning the educational transition of the children of
military families under this compact as directed through its rules which shall
specify the data to be collected, the means of collection and data exchange and
reporting requirements. Such methods of data collection, exchange and reporting
shall, in so far as is reasonably possible, conform to current technology and
coordinate its information functions with the appropriate custodian of records
as identified in the bylaws and rules.
J. Shall create a
process that permits military officials, education officials and parents to
inform the Interstate Commission if and when there are alleged violations of
the compact or its rules or when issues subject to the jurisdiction of the
compact or its rules are not addressed by the state or local education agency.
This section shall not be construed to create a private right of action against
the Interstate Commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE
COMMISSION
The Interstate
Commission shall have the following powers:
A. To provide for
dispute resolution among member states.
B. To promulgate
rules and take all necessary actions to effect the goals, purposes and
obligations as enumerated in this compact. The rules shall have the force and
effect of statutory law and shall be binding in the compact states to the
extent and in the manner provided in this compact.
C. To issue, upon
request of a member state, advisory opinions concerning the meaning or
interpretation of the interstate compact, its bylaws, rules and actions.
D. To enforce
compliance with the compact provisions, the rules promulgated by the Interstate
Commission, and the bylaws, using all necessary and proper means, including but
not limited to the use of judicial process.
E. To establish and
maintain offices which shall be located within one or more of the member
states.
F. To purchase and
maintain insurance and bonds.
G. To borrow,
accept, hire or contract for services of personnel.
H. To establish and
appoint committees including, but not limited to, an executive committee as
required by Article IX, Section E, which shall have the power to act on behalf
of the Interstate Commission in carrying out its powers and duties hereunder.
I. To elect or
appoint such officers, attorneys, employees, agents, or consultants, and to fix
their compensation, define their duties and determine their qualifications; and
to establish the Interstate Commission's personnel policies and programs relating
to conflicts of interest, rates of compensation, and qualifications of
personnel.
J. To accept any
and all donations and grants of money, equipment, supplies, materials, and
services, and to receive, utilize, and dispose of it.
K. To lease,
purchase, accept contributions or donations of, or otherwise to own, hold,
improve or use any property, real, personal, or mixed.
L. To sell, convey,
mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property, real, personal or mixed.
M. To establish a
budget and make expenditures.
N. To adopt a seal
and bylaws governing the management and operation of the Interstate Commission.
O. To report
annually to the legislatures, governors, judiciary, and state councils of the
member states concerning the activities of the Interstate Commission during the
preceding year. Such reports shall also include any recommendations that may
have been adopted by the Interstate Commission.
P. To coordinate
education, training and public awareness regarding the compact, its
implementation and operation for officials and parents involved in such
activity.
Q. To establish
uniform standards for the reporting, collecting and exchanging of data.
R. To maintain
corporate books and records in accordance with the bylaws.
S. To perform such
functions as may be necessary or appropriate to achieve the purposes of this
compact.
T. To provide for
the uniform collection and sharing of information between and among member
states, schools and military families under this compact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
A. The Interstate
Commission shall, by a majority of the members present and voting, within 12
months after the first Interstate Commission meeting, adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
1. Establishing the
fiscal year of the Interstate Commission;
2. Establishing an
executive committee, and such other committees as may be necessary;
3. Providing for
the establishment of committees and for governing any general or specific
delegation of authority or function of the Interstate Commission;
4. Providing
reasonable procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each such meeting;
5. Establishing the
titles and responsibilities of the officers and staff of the Interstate
Commission;
6. Providing a
mechanism for concluding the operations of the Interstate Commission and the
return of surplus funds that may exist upon the termination of the compact
after the payment and reserving of all of its debts and obligations.
7. Providing
"start up" rules for initial administration of the compact.
B. The Interstate
Commission shall, by a majority of the members, elect annually from among its
members a chairperson, a vice-chairperson, and a treasurer, each of whom shall
have such authority and duties as may be specified in the bylaws. The chairperson
or, in the chairperson's absence or disability, the vice-chairperson, shall
preside at all meetings of the Interstate Commission. The officers so elected
shall serve without compensation or remuneration from the Interstate
Commission; provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for ordinary and necessary costs and expenses
incurred by them in the performance of their responsibilities as officers of
the Interstate Commission.
C. Executive
Committee, Officers and Personnel
1. The executive
committee shall have such authority and duties as may be set forth in the
bylaws, including but not limited to:
a. Managing the
affairs of the Interstate Commission in a manner consistent with the bylaws and
purposes of the Interstate Commission;
b. Overseeing an
organizational structure within, and appropriate procedures for the Interstate
Commission to provide for the creation of rules, operating procedures, and
administrative and technical support functions; and
c. Planning,
implementing, and coordinating communications and activities with other state,
federal and local government organizations in order to advance the goals of the
Interstate Commission.
3. The executive
committee may, subject to the approval of the Interstate Commission, appoint or
retain an executive director for such period, upon such terms and conditions
and for such compensation, as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate Commission,
but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the
Interstate Commission.
D. The Interstate
Commission's executive director and its employees shall be immune from suit and
liability, either personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis for
believing occurred, within the scope of Interstate Commission employment,
duties, or responsibilities; provided, that such person shall not be protected
from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
1. The liability of
the Interstate Commission's executive director and employees or Interstate
Commission representatives, acting within the scope of such person's employment
or duties for acts, errors, or omissions occurring within such person's state may
not exceed the limits of liability set forth under the Constitution and laws of
that state for state officials, employees, and agents. The Interstate
Commission is considered to be an instrumentality of the states for the
purposes of any such action. Nothing in this subsection shall be construed to
protect such person from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such
person.
2. The Interstate
Commission shall defend the executive director and its employees and, subject
to the approval of the Attorney General or other appropriate legal counsel of
the member state represented by an Interstate Commission representative, shall
defend such Interstate Commission representative in any civil action seeking to
impose liability arising out of an actual or alleged act, error or omission
that occurred within the scope of Interstate Commission employment, duties or
responsibilities, or that the defendant had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of
such person.
3. To the extent
not covered by the state involved, member state, or the Interstate Commission,
the representatives or employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment, including attorney's fees
and costs, obtained against such persons arising out of an actual or alleged
act, error, or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
ARTICLE XII
RULEMAKING FUNCTIONS OF THE INTERSTATE
COMMISSION
A. Rulemaking
Authority - The Interstate Commission shall promulgate reasonable rules in
order to effectively and efficiently achieve the purposes of this Compact.
Notwithstanding the foregoing, in the event the Interstate Commission exercises
its rulemaking authority in a manner that is beyond the scope of the purposes
of this Act, or the powers granted hereunder, then such an action by the
Interstate Commission shall be invalid and have no force or effect.
B. Rulemaking
Procedure - Rules shall be made pursuant to a rulemaking process that
substantially conforms to the "Model State Administrative Procedure
Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended,
as may be appropriate to the operations of the Interstate Commission.
C. Not later than
thirty (30) days after a rule is promulgated, any person may file a petition
for judicial review of the rule; provided, that the filing of such a petition
shall not stay or otherwise prevent the rule from becoming effective unless the
court finds that the petitioner has a substantial likelihood of success. The
court shall give deference to the actions of the Interstate Commission
consistent with applicable law and shall not find the rule to be unlawful if
the rule represents a reasonable exercise of the Interstate Commission's
authority.
D. If a majority of
the legislatures of the compacting states rejects a Rule by enactment of a
statute or resolution in the same manner used to adopt the compact, then such
rule shall have no further force and effect in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION
A. Oversight
1. The executive,
legislative and judicial branches of state government in each member state
shall enforce this compact and shall take all actions necessary and appropriate
to effectuate the compact's purposes and intent. The provisions of this compact
and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall
take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of
this compact which may affect the powers, responsibilities or actions of the
Interstate Commission.
3. The Interstate
Commission shall be entitled to receive all service of process in any such
proceeding, and shall have standing to intervene in the proceeding for all
purposes. Failure to provide service of process to the Interstate Commission
shall render a judgment or order void as to the Interstate Commission, this
compact or promulgated rules.
B. Default,
Technical Assistance, Suspension and Termination - If the Interstate Commission
determines that a member state has defaulted in the performance of its
obligations or responsibilities under this compact, or the bylaws or
promulgated rules, the Interstate Commission shall:
1. Provide written
notice to the defaulting state and other member states, of the nature of the
default, the means of curing the default and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default.
2. Provide remedial
training and specific technical assistance regarding the default.
3. If the
defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority of the
member states and all rights, privileges and benefits conferred by this compact
shall be terminated from the effective date of termination. A cure of the
default does not relieve the offending state of obligations or liabilities
incurred during the period of the default.
4. Suspension or
termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the Interstate Commission to the Governor, the
majority and minority leaders of the defaulting state's legislature, and each
of the member states.
5. The state which
has been suspended or terminated is responsible for all assessments,
obligations and liabilities incurred through the effective date of suspension
or termination including obligations, the performance of which extends beyond
the effective date of suspension or termination.
6. The Interstate
Commission shall not bear any costs relating to any state that has been found
to be in default or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the Interstate
Commission and the defaulting state.
7. The defaulting
state may appeal the action of the Interstate Commission by petitioning the
U.S. District Court for the District of Columbia or the federal district where
the Interstate Commission has its principal offices. The prevailing party shall
be awarded all costs of such litigation including reasonable attorney's fees.
C. Dispute
Resolution
1. The Interstate
Commission shall attempt, upon the request of a member state, to resolve
disputes which are subject to the compact and which may arise among member
states and between member and non-member states.
2. The Interstate
Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
D. Enforcement
1. The Interstate
Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
2. The Interstate
Commission, may by majority vote of the members, initiate legal action in the
United States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate Commission
has its principal offices, to enforce compliance with the provisions of the
compact, its promulgated rules and bylaws, against a member state in default.
The relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary the prevailing party shall be awarded all
costs of such litigation including reasonable attorney's fees.
3. The remedies
herein shall not be the exclusive remedies of the Interstate Commission. The
Interstate Commission may avail itself of any other remedies available under
state law or the regulation of a profession.
ARTICLE XIV
FINANCING OF THE INTERSTATE COMMISSION
A. The Interstate
Commission shall pay, or provide for the payment of the reasonable expenses of
its establishment, organization and ongoing activities.
B. The Interstate
Commission may levy on and collect an annual assessment from each member state
to cover the cost of the operations and activities of the Interstate Commission
and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by
the Interstate Commission, which shall promulgate a rule binding upon all
member states.
C. The Interstate
Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Interstate Commission pledge the
credit of any of the member states, except by and with the authority of the
member state.
D. The Interstate
Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Interstate Commission shall be subject to the
audit and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission shall by
audited yearly by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual report of the
Interstate Commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE AND
AMENDMENT
A. Any state is
eligible to become a member state.
B. The compact
shall become effective and binding upon legislative enactment of the compact
into law by no less than ten (10) of the states. The effective date shall be no
earlier than December 1, 2007. Thereafter it shall become effective and binding
as to any other member state upon enactment of the compact into law by that
state. The governors of non-member states or their designees shall be invited
to participate in the activities of the Interstate Commission on a nonvoting
basis prior to adoption of the compact by all states.
C. The Interstate
Commission may propose amendments to the compact for enactment by the member
states. No amendment shall become effective and binding upon the Interstate
Commission and the member states unless and until it is enacted into law by
unanimous consent of the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective,
the compact shall continue in force and remain binding upon each and every
member state; provided that a member state may withdraw from the compact by
specifically repealing the statute, which enacted the compact into law.
2. Withdrawal from
this compact shall be by the enactment of a statute repealing the same, but
shall not take effect until one (1) year after the effective date of such
statute and until written notice of the withdrawal has been given by the
withdrawing state to the Governor of each other member jurisdiction.
3. The withdrawing
state shall immediately notify the chairperson of the Interstate Commission in
writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other member
states of the withdrawing state's intent to withdraw within sixty (60) days of
its receipt thereof.
4. The withdrawing
state is responsible for all assessments, obligations and liabilities incurred
through the effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of withdrawal.
5. Reinstatement
following withdrawal of a member state shall occur upon the withdrawing state
reenacting the compact or upon such later date as determined by the Interstate
Commission.
B. Dissolution of
Compact
1. This compact
shall dissolve effective upon the date of the withdrawal or default of the
member state which reduces the membership in the compact to one (1) member
state.
2. Upon the
dissolution of this compact, the compact becomes null and void and shall be of
no further force or effect, and the business and affairs of the Interstate
Commission shall be concluded and surplus funds shall be distributed in
accordance with the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
A. The provisions
of this compact shall be severable, and if any phrase, clause, sentence or
provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
B. The provisions
of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this
compact shall be construed to prohibit the applicability of other interstate
compacts to which the states are members.
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein
prevents the enforcement of any other law of a member state that is not
inconsistent with this compact.
2. All member
states' laws conflicting with this compact are superseded to the extent of the
conflict.
B. Binding Effect
of the Compact
1. All lawful
actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member states.
2. All agreements
between the Interstate Commission and the member states are binding in
accordance with their terms.
3. In the event any
provision of this compact exceeds the constitutional limits imposed on the
legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that
member state.
Sec. 2. (1) Subject to subsection (2), the
governor shall appoint this state's representative to the interstate commission
on educational opportunity for military children created in section 1.
(2) The governor
shall appoint as this state's representative under subsection (1) a person who
meets all of the following or a person who meets subdivisions (a) and (b) and
is the spouse or child of a person who meets subdivisions (c) and (d):
(a) Is a resident
of this state.
(b) Is a person of
good moral character.
(c) Has been
honorably discharged from the armed forces Armed Forces of the United States after at least 15
years of active duty service.
(d) While engaged
in active duty service in the armed forces Armed Forces of the United States, had at least 1
minor child enrolled in elementary or secondary school.
(3) As used in this section, "armed forces of the United
States" means the armed forces of the United States and their reserve
components and the United States coast guard.