§ 24-60-3402 — Compact approved and ratified

Colorado § 24-60-3402

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies and the governor shall enter into a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein 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 1209 and 1211.

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
member.

C. Compact commissioner means: the voting representative of each
compacting state appointed pursuant to Article VIII of this compact.

D. Deployment means: the period one (1) month prior to the service
members' departure from their home station on military orders through six (6)
months after return to their home station.

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.

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.

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.

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.

I. Member state means: a state that has enacted this compact.

J. Military installation means: a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the jurisdiction of the
Department of Defense, including any leased facility, which is located within any of
the several States, the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any
other U.S. Territory. Such term does not include any facility used primarily for civil
works, rivers and harbors projects, or flood control projects.

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

L. Receiving state means: the state to which a child of a military family is
sent, brought, or caused to be sent or brought.

M. Rule means: a 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.

N. Sending state means: the state from which a child of a military family is
sent, brought, or caused to be sent or brought.

O. State means: a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands and any other U.S. Territory.

P. Student means: the child of a military family for whom the local
education agency receives public funding and who is formally enrolled in
Kindergarten through Twelfth (12th) grade.

Q. Transition means: 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.

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.

S. Veteran means: a person who served in the uniformed services and who
was discharged or released from there under conditions other than dishonorable.

ARTICLE III - APPLICABILITY

A. Except as otherwise provided in Section C, this compact shall apply to the
children of:

1. active duty members of the uniformed services as defined in this compact,
including members of the National Guard and Reserve on active duty 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 (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, and shall be reviewed annually by the state, veterans, and military affairs
committees of the house of representatives and the senate, or any successor
committees, and the department of education, beginning January 30, 2010.

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 State 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 non-voting basis prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and
binding upon the Interstate Commission and the member states unless and until it
is enacted into law by unanimous consent of the member states.

ARTICLE XVI - WITHDRAWAL AND DISSOLUTION

A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding
upon each and every member state; provided that a member state may withdraw
from the compact 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 and 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.

Legislative History

Source: L. 2008: Entire part added, p. 2277, � 2, effective August 5.