Chapter 106
2010 -- S 2738
Enacted 06/22/10
A N A C T
RELATING TO
EDUCATION -- MILITARY CHILDREN
Introduced By: Senator Louis P. DiPalma
Date Introduced: March 25, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Title 16 of the General Laws entitled
"EDUCATION" is hereby amended
by adding thereto the following chapter:
CHAPTER
92
INTERSTATE
COMPACT ON EDUCATIONAL
MILITARY
CHILDREN
16-92-1. Short title.
– This act shall be known and may be cited as the "Interstate
Compact on Educational
16-92-2. Legislative purpose.
-- It is the purpose of this compact to remove barriers to
educational success imposed on children of military families because
of frequent moves and
deployment of their parents by:
(1) Facilitating
the timely enrollment of children of military families and ensuring that
they are not placed at a disadvantage due to difficulty in
the transfer of education records from
the previous school district or districts, or variations
in entrance and age requirements.
(2) Facilitating the
student placement process through which children of military families
are not disadvantaged by variations in attendance
requirements, scheduling, sequencing, grading,
course content or assessment.
(3) Facilitating the
qualification and eligibility for enrollment, educational programs, and
participation in extracurricular academic, athletic, and social
activities.
(4) Facilitating the
on-time graduation of children of military families.
(5) Providing for the
promulgation and enforcement of administrative rules implementing
the provisions of this compact.
(6) Providing for the
uniform collection and sharing of information between and among
member states, schools and military families under this
compact.
(7) Promoting
coordination between this compact and other compacts affecting military
children.
(8) Promoting flexibility
and cooperation between the educational system, parents and the
student in order to achieve educational success for the
student.
16-92-3. Definitions.
-- As used in this chapter, unless the context clearly requires a
different construction:
(1) “Active duty”
means full-time duty status in the active uniformed service of the
pursuant to 10 U.S.C. Section 1209 and 1211.
(2) “Children of
military families” means a school-aged child or children, enrolled in
kindergarten through twelfth grade, in the household of an active
duty member.
(3) "Compact
commissioner” means the voting representative of each compacting state
appointed pursuant to section 16-91-9 of this chapter.
(4) “Deployment”
means the period one month prior to the service members’ departure
from their home station on military orders through six (6)
months after return to their home
station.
(5) “Education or
educational records” means those official records, files, and data
directly related to a student and maintained by the school or
local education agency, including,
but not limited to, records encompassing all the material
kept in the student's cumulative folder
such as general identifying data, records of attendance
and of academic work completed, records
of achievement and results of evaluative tests, health
data, disciplinary status, test protocols, and
individualized education programs.
(6)
“Extracurricular activities” means a voluntary activity sponsored by the school
or
local education agency or an organization sanctioned by the
local education agency.
Extracurricular activities include, but are not
limited to, preparation for and involvement in public
performances, contests, athletic competitions, demonstrations,
displays, and club activities.
(7) “Interstate
Commission on Educational
commission that is created under this chapter, which is
generally referred to as interstate
commission.
(8) “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
grade public educational institutions.
(9) “Member
state” means a state that has enacted this compact.
(10) “Military
installation” means a base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the
jurisdiction of the Department of Defense,
including any leased facility, which is located within any of
the several states, the District of
the Northern
facility used primarily for civil works, rivers and harbors
projects, or flood control projects.
(11)
“Non-member state” means a state that has not enacted this compact.
(12) “Receiving
state” means the state to which a child of a military
family is sent,
brought, or caused to be sent or brought.
(13) “Rule” means a
written statement by the interstate commission promulgated
pursuant to section 16-91-13 of this chapter that is of
general applicability, implements, interprets
or prescribes a policy or provision of the compact, or
an organizational, procedural, or practice
requirement of the interstate commission, and has the force and
effect of statutory law in a
member state, and includes the amendment, repeal, or
suspension of an existing rule.
(14) “Sending
state” means the state from which a child of a
military family is sent,
brought, or caused to be sent or brought.
(15) “State” means a
state of the
(16) “Student” means
the child of a military family for whom the local education agency
receives public funding and who is formally enrolled in
kindergarten through twelfth grade.
(17) “Transition”
means: (i) The formal and
physical process of transferring from school
to school; or (ii) The period of time in which a student
moves from one school in the sending
state to another school in the receiving state.
(18) “Uniformed
service or services” means the Army, Navy, Air Force, Marine Corps,
Coast Guard as well as the Commissioned Corps of the
National Oceanic and Atmospheric
Administration, and Public Health Services.
(19) “Veteran” means
a person who served in the uniformed services and who was
discharged or released there from under conditions other than dishonorable.
16-92-4. Applicability.
– (a) Except as otherwise provided in
subsection b. of this
section, this compact shall apply to the children of:
(1) Active duty
members of the uniformed services as defined in this chapter, including
members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Section
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 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 year after death.
(b) The provisions of
this interstate compact shall only apply to local education agencies
as defined in this chapter.
(c) The provisions of
this chapter 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 subsection (a)
of this section;
(3) Veterans of the
uniformed services, except as provided in subsection (a) of this
section; and
(4) Other
employees not defined as active duty members of the uniformed
services.
16-92-5. Educational records and
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 educational 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 and 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 immunizations
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.
16-92-6. Placement and 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, educational assessments conducted at the
school in the sending state, or both, 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 or courses.
(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
or 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 or her current Individualized Education Program
(IEP); and (2) In compliance with the
requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A.
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 or program prerequisites, or other
preconditions for placement in
courses or programs offered under the jurisdiction of the
local education agency.
(e)
Absence as related to deployment activities – A student whose parent or legal
guardian is an active 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.
16-92-7. 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 or she was
enrolled while residing with the
custodial parent.
(b) Eligibility for
extracurricular participation - State and local education agencies shall
facilitate the opportunity for transitioning military children’s
inclusion in extracurricular
activities, regardless of application deadlines, to the extent
they are otherwise qualified.
16-92-8. Graduation.
-- In order to facilitate the on-time graduation of children of
military families states and local education agencies shall
incorporate the following procedures:
(1) 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.
(2) Exit exams -
States shall accept: (i) exit or end-of-course exams
required for
graduation from the sending state; or (ii) national
norm-referenced achievement tests; or (iii)
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
subdivision (3) of this section shall
apply.
(3) 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 subdivisions (1) and
(2) of this section.
16-92-9. 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.
16-92-10. Interstate commission on
educational opportunity for military children. --
The member states hereby create the “Interstate
Commission on Educational
Military Children.” The activities of the interstate commission are the
formation of public policy
and are a discretionary state function. The interstate
commission shall:
(1) Be a body
corporate and joint agency of the member states and shall have all the
responsibilities, powers and duties set forth herein, and such
additional powers as may be
conferred upon it by a subsequent concurrent action of the
respective legislatures of the member
states in accordance with the terms of this compact.
(2) Consist of one
interstate commission voting representative from each member state
who shall be that state’s compact commissioner:
(i)
Each member state represented at a meeting of the interstate commission is
entitled to
one vote;
(ii) 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;
(iii) 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;
(iv)
The bylaws may provide for meetings of the interstate commission
to be conducted
by telecommunication or electronic communication, which
shall:
(3) Consist of
ex-officio, non-voting representatives who are members of interested
organizations. Such ex-officio members, as defined in
the bylaws, may include, but not be
limited to, members of the representative organizations of military
family advocates, local
education agency officials, parent and teacher groups, 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.
(4) Meet at least
once each calendar year. The chairperson may call additional meetings
and, upon the request of a simple majority of the member
states, shall call additional meetings.
(5) Establish an
executive committee, whose members shall include the officers of the
interstate commission and such other members of the interstate
commission as determined by the
bylaws. Members of the 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
the executive committee.
(6) 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.
(7) Give public
notice of all meetings and all meetings shall be open to the public, except
as set forth in the rules or as otherwise provided in
the compact. The interstate commission and its
committees may close a meeting, or portion thereof, where it
determines by two-thirds (2/3) vote
that an open meeting would be likely to:
(i)
Relate solely to the interstate commission’s internal personnel practices and
procedures;
(ii) Disclose matters
specifically exempted from disclosure by federal and state statute;
(iii) Disclose trade
secrets or commercial or financial information which is privileged or
confidential;
(iv)
Involve accusing a person of a crime, or formally censuring a
person;
(v) Disclose
information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(vi)
Disclose investigative records compiled for law enforcement
purposes; or
(vii) Specifically
relate to the interstate commission’s participation in a civil action or
other legal proceeding.
(8) 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.
(9) 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.
(10) 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.
16-92-11. Powers and duties of the
interstate commission. -- The interstate
commission shall have the following powers:
(1) To provide for
dispute resolution among member states.
(2) To promulgate
rules and take all necessary actions to effect the goals, purposes and
obligations as enumerated in this compact. The rules shall have
the force and effect of statutory
law and shall be binding in the compact states to the
extent and in the manner provided in this
compact.
(3) To issue, upon
request of a member state, advisory opinions concerning the meaning
or interpretation of the interstate compact, its bylaws,
rules and actions.
(4) To enforce compliance
with the compact provisions, the rules promulgated by the
interstate commission, and the bylaws, using all necessary and
proper means, including, but not
limited to, the use of judicial process.
(5) To establish and
maintain offices which shall be located within one or more of the
member states.
(6) To purchase and
maintain insurance and bonds.
(7) To borrow,
accept, hire or contract for services of personnel.
(8) To establish and
appoint committees including, but not limited to, an executive
committee as required by subdivision 16-91-10(5), which shall
have the power to act on behalf of
the interstate commission in carrying out its powers and
duties hereunder.
(9) To elect or
appoint such officers, attorneys, employees, agents, or consultants, and to
fix their compensation, define their duties and determine
their qualifications; and to establish the
interstate commission’s personnel policies and programs relating
to conflicts of interest, rates of
compensation, and qualifications of personnel.
(10) To accept any
and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of it.
(11) To lease,
purchase, accept contributions or donations of, or otherwise to own, hold,
improve or use any property, real, personal, or mixed.
(12) To sell, convey,
mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal or mixed.
(13) To establish a budget
and make expenditures.
(14) To adopt a seal
and bylaws governing the management and operation of the
interstate commission.
(15) To report
annually to the legislatures, governors, judiciary, and state councils of the
member states concerning the activities of the interstate
commission during the preceding year.
Such reports shall also include any recommendations
that may have been adopted by the
interstate commission.
(16) To coordinate
education, training and public awareness regarding the compact, its
implementation and operation for officials and parents involved in
such activity.
(17) To establish
uniform standards for the reporting, collecting and exchanging of data.
(18) To maintain
corporate books and records in accordance with the bylaws.
(19) To perform such
functions as may be necessary or appropriate to achieve the
purposes of this compact.
(20) To provide for
the uniform collection and sharing of information between and
among member states, schools and military families under
this compact.
16-92-12. Organization and operation of
the interstate commission. – (a) The
interstate commission shall, by a majority of the members
present and voting, within twelve (12)
months after the first interstate commission meeting, adopt
bylaws to govern its 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:
(i)
Managing the affairs of the interstate commission in a manner consistent with
the
bylaws and purposes of the interstate commission;
(ii) Overseeing an
organizational structure within, and appropriate procedures for the
interstate commission to provide for the creation of rules,
operating procedures, and
administrative and technical support functions; and
(iii) Planning,
implementing, and coordinating communications and activities with other
state, federal and local government organizations in order
to advance the goals of the interstate
commission.
(2) 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.
16-92-13. 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 “
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
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.
16-92-14. 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
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 State District Court for the
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.
16-92-15. 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.
16-92-16. 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, 2010. Thereafter it shall become effective
and binding as to any other member state
upon enactment of the compact into law by that
state. The governors of non-member states or
their designees shall be invited to participate in the
activities of the interstate commission on a
non-voting basis prior to adoption of the compact by all states.
(c) The interstate
commission may propose amendments to the compact for enactment by
the member states. No amendment shall become
effective and binding upon the interstate
commission and the member states unless and until it is enacted
into law by unanimous consent
of the member states.
16-92-17. 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 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 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.
SECTION 2. This act shall take effect upon passage.
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LC01586
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