§ 256H.1 — Interstate compact on educational opportunity for military children

Iowa § 256H.1

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 256H: INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN

Text

The interstate compact on educational opportunity for military children is enacted into law
and entered into by this state with any other state or jurisdiction legally joining the compact
in the form substantially as follows:
1. ArticleI—Purpose. Itisthepurposeofthiscompacttoremovebarrierstoeducational
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 or variations in entrance and 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. Promotingflexibilityandcooperationbetweentheeducationalsystem, parents, andthe
student in order to achieve educational success for the student.
2. 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. ch. 1209 and 1211.
b. “Children of military families” means a school-aged child, enrolled in kindergarten
through twelfth 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 month prior to the service members’ departure
from their home station on military orders through six months after return to their home
station.
e. “Education records” 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.
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
§256H.1, INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN 2
public performances, contests, athletic competitions, demonstrations, displays, and club
activities.
g. “Interstate commission” means the commission on educational opportunity for military
children that is created under article IX of this compact.
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
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 United States department of
defense, including any leased facility, which is located within any state. Such term does
not include any facility used primarily for civil works, rivers and harbors projects, or flood
control projects.
k. “Nonmember 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 the same as defined in section 4.1.
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 grade.
q. “Transition” means the formal and physical process of transferring from school to
school or 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” means the army, navy, air force, marine corps, coast guard,
commissioned corps of the national oceanic and atmospheric administration, or
commissioned corps of the public health services.
s. “Veteran” means a person who served in the uniformed services and who was
discharged or released therefrom under conditions other than dishonorable.
3. Article III — Applicability.
a. Except as otherwise provided in paragraph “b”, 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. ch.
1209 and 1211.
(2) Membersorveteransoftheuniformedserviceswhoareseverelyinjuredandmedically
discharged or retired for a period of one year after medical discharge or retirement.
(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 compact.
c. The provisions of this compact shall not apply to the children of any of the following:
(1) Inactive members of the national guard and military reserves.
(2) Members of the uniformed services now retired, except as provided in paragraph “a”.
(3) Veterans of the uniformed services, except as provided in paragraph “a”.
(4) OtherUnitedStatesdepartmentofdefensepersonnelandotherfederalagencycivilian
and contract employees not defined as active duty members of the uniformed services.
4. Article IV — 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
3 INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN, §256H.1
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 or 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 days or within such time as is reasonably
determined under the rules promulgated by the interstate commission.
c. Immunizations. Compacting states shall give students thirty days from the date
of enrollment or such time as is reasonably determined under the rules promulgated by
the interstate commission, to obtain any immunization required by the receiving state.
For a series of immunizations, initial vaccinations must be obtained within thirty 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
enrollmentatgradelevelinthereceivingstatecommensuratewiththeirgradelevel,including
kindergarten, from a local education agency in the sending state at the time of transition,
regardless of age. A student who 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
the student’s validated level from an accredited school in the sending state.
5. Article V — 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 or educational assessments
conducted at the school in the sending state if the courses are offered, or both. 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.
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 and placement in like programs
in the sending state. Such programs include but are not limited to gifted and talented
programs and English as a second language programs. 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. In compliance with the federal requirements of the
Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., the receiving state shall
initially provide comparable services to a student with disabilities based on the student’s
current individualized education program; and, in compliance with the requirements of
section 504 of the Rehabilitation Act, 29 U.S.C. §794, and with Tit. II of the Americans
with Disabilities Act, 42 U.S.C. §12131-12165, the receiving state shall make reasonable
accommodations and modifications to address the needs of incoming students with
disabilities, subject to an existing section 504 or Tit. 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 and program prerequisites, or other preconditions for placement
in courses and programs offered under the jurisdiction of the local education agency.
§256H.1, INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN 4
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 this compact, and has been
calledtodutyfor,isonleavefrom,orimmediatelyreturnedfromdeploymenttoacombatzone
or combat support posting, shall be granted additional excused absences at the discretion of
the local education agency superintendent to visit with the student’s parent or legal guardian
relative to such leave or deployment of the parent or guardian.
6. 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 noncustodial 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 noncustodial 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 the child 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.
7. 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.
(1) States shall accept any of the following in lieu of testing requirements for graduation
in the receiving state:
(a) Exit or end-of-course exams required for graduation from the sending state.
(b) National norm-referenced achievement tests.
(c) Alternative testing.
(2) In the event the above alternatives cannot be accommodated by the receiving state for
a student transferring in the student’s senior year, then the provisions of paragraph “c” shall
apply.
c. Transfers during senior year. Should a military student transferring at the beginning
orduringthestudent’ssenioryearbeineligibletograduatefromthereceivinglocaleducation
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
paragraphs “a” and “b”.
8. 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 director of the department of education, a superintendent of a school district
with a high concentration of military children, a representative from a military installation,
one representative each from the legislative and executive branches of government, and
5 INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN, §256H.1
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 this 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 in
sections 256H.2 and 256H.3 shall be ex officio members of the state council, unless either is
already a full voting member of the state council.
9. 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 the compact
commissioner’s 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, nonvoting 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 United States 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 this compact
including enforcement and compliance with the provisions of this compact, its bylaws and
rules, and other such duties as deemed necessary. The United States department 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
§256H.1, INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN 6
public for inspection or copying. The interstate commission may exempt from disclosure
information or official records to the extent disclosure 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 this compact. The interstate commission
anditscommitteesmaycloseameeting, orportionthereof, whereitdeterminesbytwo-thirds
vote that an open meeting would likely do any of the following:
(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.
(7) Specifically relate to the interstate commission’s participation in a civil action or other
legal proceeding.
h. 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. 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. Createaprocessthatpermitsmilitaryofficials,educationofficials,andparentstoinform
the interstate commission if and when there are alleged violations of this compact or its rules
or when issues subject to the jurisdiction of this 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.
10. 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 this 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
7 INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN, §256H.1
committee as required by article IX of this compact which shall have the power to act on
behalf of the interstate commission in carrying out its powers and duties under this compact.
i. Toelectorappointsuchofficers, attorneys, employees, agents, orconsultants, andtofix
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 this 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.
11. Article XI — Organization and operation of the interstate commission.
a. The interstate commission shall, by a majority of the members present and voting,
within twelve 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 this 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 this compact after the
payment and reserving of all of its debts and obligations.
(7) Providing start-up rules for initial administration of this 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. (1) The executive committee shall have such authority and duties as may be set forth
in the bylaws, including but not limited to the following:
§256H.1, INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN 8
(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.
(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.
(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
theinterstatecommission. Theexecutivedirectorshallhireandsupervisesuchotherpersons
as may be authorized by the interstate commission.
d. Theinterstatecommission’sexecutivedirectoranditsemployeesshallbeimmunefrom
suitandliability, eitherpersonallyorintheirofficialcapacity, foraclaimfordamagetoorloss
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 shall 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 paragraph “d” 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.
12. Article XII — Rulemaking functions of the interstate commission.
a. Theinterstatecommissionshallpromulgatereasonablerulesinordertoeffectivelyand
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 compact, or the powers granted under this compact, then such
an action by the interstate commission shall be invalid and have no force or effect.
b. Rules shall be made pursuant to a rulemaking process that substantially conforms to
9 INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN, §256H.1
the model state administrative procedure Act of 1981, uniform laws annotated, as amended,
as may be appropriate to the operations of the interstate commission.
c. Not later than thirty 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
interstatecommissionconsistentwithapplicablelawandshallnotfindtheruletobeunlawful
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 this compact, then such rule shall
have no further force and effect in any compacting state.
13. 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 this compact’s purposes and intent. The provisions of this compact and the rules
promulgated under this compact shall have standing as statutory law.
(2) All courts shall take judicial notice of this 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.
(1) 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:
(a) 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.
(b) Provide remedial training and specific technical assistance regarding the default.
(2) If the defaulting state fails to cure the default, the defaulting state shall be terminated
from this 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.
(3) Suspension or termination of membership in this 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.
(4) 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.
(5) 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.
(6) The defaulting state may appeal the action of the interstate commission by petitioning
the United States district court for the District of Columbia or the federal district where the
interstatecommissionhasitsprincipaloffices. Theprevailingpartyshallbeawardedallcosts
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
§256H.1, INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN 10
resolve disputes which are subject to this compact and which may arise among member
states and between member and nonmember 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
interstatecommission,inthefederaldistrictwheretheinterstatecommissionhasitsprincipal
offices, to enforce compliance with the provisions of this 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 in this compact shall not be the exclusive remedies of the interstate
commission. Theinterstatecommissionmayavailitselfofanyotherremediesavailableunder
state law or the regulation of a profession.
14. 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 be 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.
15. Article XV — Member states, effective date, and amendment.
a. Any state is eligible to become a member state.
b. This compact shall become effective and binding upon legislative enactment of this
compact into law by no less than ten 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 this compact into law by that state. The governors of nonmember
states or their designees shall be invited to participate in the activities of the interstate
commission on a nonvoting basis prior to adoption of this compact by all states.
c. The interstate commission may propose amendments to this compact for enactment by
thememberstates. Anamendmentshallnotbecomeeffectiveandbindingupontheinterstate
commission and the member states unless and until it is enacted into law by unanimous
consent of the member states.
16. Article XVI — Withdrawal and dissolution.
a. Withdrawal.
(1) Once effective, this compact shall continue in force and remain binding upon each
and every member state; provided that a member state may withdraw from this compact by
specifically repealing the statute which enacted this 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.
11 INTERSTATE COMPACT ON EDUCATION OF MILITARY CHILDREN, §256H.2
(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 days of its receipt of the notice.
(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 this 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 this compact to one member state.
(2) Upon the dissolution of this compact, this 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.
17. 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.
18. Article XVIII — Binding effect of compact and other laws.
a. Other laws.
(1) Nothing in this compact 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.