§ 17:1915 — Ratification; text of compact

§1915. Ratification; text of compact
The action of the governor of this state in entering into a compact on behalf of the
State of Louisiana with the states joining therein for cooperative efforts for ensuring
educational opportunity and access for children of military families is hereby authorized and
ratified, which compact is substantially as follows:
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.
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, 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 though six (6) months after return to
their home station.
E. "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
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, homework
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" means the Army, Navy, Air Force, Space 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 there from under conditions other than dishonorable.
A. Except as otherwise provided in Section 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. 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.
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.
4. Other U.S. Department of Defense personnel and other federal agency civilian and
contract employees not defined as active duty members of the uniformed services.
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 the 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.
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 gifted and talented programs
and 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. 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). 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.
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.
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 exit or end-of-course exams required for
graduation from the sending state, national norm referenced achievement tests, or 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.
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.
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 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 the
compact including enforcement and compliance with the provisions of the 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
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.
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.
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.
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.
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 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.
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.
A. Oversight.
1. The executive, legislative and judicial branches of state government in each
member state shall enforce this compact and shall take all actions necessary and appropriate
to effectuate the compact's purposes and intent. The provisions of this compact and the rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities or actions of the Interstate Commission.
3. The Interstate Commission shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the Interstate Commission shall render a judgment
or order void as to the Interstate Commission, this compact or promulgated rules.
B. Default, Technical Assistance, Suspension and Termination. If the Interstate
Commission determines that a member state has defaulted in the performance of its
obligations or responsibilities under this compact, or the bylaws or promulgated rules, the
Interstate Commission shall:
1. Provide written notice to the defaulting state and other member states, of the
nature of the default, the means of curing the default and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default.
2. Provide remedial training and specific technical assistance regarding the default.
3. If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority of the member states and
all rights, privileges and benefits conferred by this compact shall be terminated from the
effective date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of the default.
4. Suspension or termination of membership in the compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Interstate Commission to the Governor, the
majority and minority leaders of the defaulting state's legislature, and each of the member
states.
5. The state which has been suspended or terminated is responsible for all
assessments, obligations and liabilities incurred through the effective date of suspension or
termination including obligations, the performance of which extends beyond the effective
date of suspension or termination.
6. The Interstate Commission shall not bear any costs relating to any state that has
been found to be in default or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the Interstate Commission and the
defaulting state.
7. The defaulting state may appeal the action of the Interstate Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district where
the Interstate Commission has its principal offices. The prevailing party shall be awarded
all costs of such litigation including reasonable attorney's fees.
C. Dispute Resolution.
1. The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among member states
and between member and non-member states.
2. The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.
D. Enforcement.
1. The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact.
2. The Interstate Commission, may by majority vote of the members, initiate legal
action in the United States District Court for the District of Columbia or, at the discretion of
the Interstate Commission, in the federal district where the Interstate Commission has its
principal offices, to enforce compliance with the provisions of the compact, its promulgated
rules and bylaws, against a member state in default. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary the prevailing
party shall be awarded all costs of such litigation including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the Interstate
Commission. The Interstate Commission may avail itself of any other remedies available
under state law or the regulation of a profession.
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.
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 or
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.
A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each
and every member state; provided that a member state may withdraw from the compact by
specifically repealing the statute, which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute repealing the
same, but shall not take effect until one (1) year after the effective date of such statute and
until written notice of the withdrawal has been given by the withdrawing state to the
Governor of each other member jurisdiction.
3. The withdrawing state shall immediately notify the chairperson of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other member states of the
withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations and liabilities
incurred through the effective date of withdrawal, including obligations, the performance of
which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one (1) member state.
2. Upon the dissolution of this compact, the compact becomes null and void and
shall be of no further force or effect, and the business and affairs of the Interstate
Commission shall be concluded and surplus funds shall be distributed in accordance with the
bylaws.
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.
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

Acts 2009, No. 297, §1, eff. Jan. 1, 2010; Acts 2025, No. 137, §4.