§ 79-2201 — Compact; contents

Nebraska § 79-2201

• Jurisdiction: Nebraska
• Ch. 79: Schools

Text

The Interstate Compact
on Educational Opportunity for Military Children is hereby enacted into law
and entered into with all 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 or variations in entrance or 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. 1209 and 1211.
B. "Children of
military families" means school-aged children, 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 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
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 of the several states, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and any other United States territory.
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 a state of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any
other United States 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 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
services" means the Army, Navy, Air Force, Marine Corps, Coast Guard as well
as the Commissioned Corps of the National Oceanic and Atmospheric Administration,
and Public Health Services.
S. "Veteran" means a person who served in the uniformed services
and who was discharged or released therefrom under conditions other than dishonorable.
ARTICLE III
APPLICABILITY
A. Except as otherwise
provided in Section B, this compact shall apply to the children of:
1. active duty
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.
1209 and 1211;
2. members or veterans of the uniformed services who are severely
injured and medically discharged or retired for a period of one year after
medical discharge or retirement; and
3. members of the uniformed services who
die on active duty or as a result of injuries sustained on active duty for
a period of one year after death.
B. The provisions of this interstate compact
shall only apply to local education agencies as defined in this 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 United States Department 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
AND ENROLLMENT
A. Unofficial or "hand-carried" education records -- In the event
that official education records cannot be released to the parents for the
purpose of transfer, the custodian of the records in the sending state shall
prepare and furnish to the parent a complete set of unofficial educational
records containing uniform information as determined by the Interstate Commission.
Upon receipt of the unofficial 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 and transcripts
-- Simultaneous with the enrollment and conditional placement of the student,
the school in the receiving state shall request the student's official education
record from the school in the sending state. Upon receipt of this request,
the school in the sending state will process and furnish the official education
records to the school in the receiving state within ten days or within such
time as is reasonably determined under the rules promulgated by the Interstate
Commission.
C. Immunizations -- Compacting states shall give thirty days from
the date of enrollment or within such time as is reasonably determined under
the rules promulgated by the Interstate Commission, for students to obtain
any immunizations required by the receiving state. For a series of immunizations,
initial vaccinations must be obtained within thirty 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 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. 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 courses.
B. Educational program placement -- The receiving state school shall
initially honor placement of the student in educational programs based on
current educational assessments conducted at the school in the sending state
or participation or placement in like programs in the sending state. Such
programs include, but are not limited to: (1) gifted and talented programs;
and (2) English as a second language. 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, 20 U.S.C.
1400 et seq., the receiving state shall initially provide comparable services
to a student with disabilities based on his or her current Individualized
Education Program; and (2) In compliance with the requirements of Section
504 of the Rehabilitation Act, 29 U.S.C. 794, and with Title II of the Americans
with Disabilities Act, 42 U.S.C. 12131 to 12165, the receiving state shall
make reasonable accommodations and modifications to address the needs of incoming
students with disabilities, subject to an existing 504 or Title II Plan, to
provide the student with equal access to education. This does not preclude
the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement of the student.
D. Placement flexibility
-- Local education agency administrative officials shall have flexibility
in waiving course or program prerequisites, or other preconditions for placement
in courses or programs offered under the jurisdiction of the local education
agency.
E. Absence as related to deployment activities -- A student whose
parent or legal guardian is an active duty member of the uniformed services,
as defined by the compact, and has been called to duty for, is on leave from,
or immediately returned from deployment to a combat zone or combat support
posting, shall be granted additional excused absences at the discretion of
the local education agency superintendent to visit with his or her parent
or legal guardian relative to such leave or deployment of the parent or guardian.
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 he or she was enrolled while residing with the
custodial parent.
B. Eligibility for extracurricular participation -- State and local
education agencies shall facilitate the opportunity for transitioning military
children's inclusion in extracurricular activities, regardless of application
deadlines, to the extent they are otherwise qualified.
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; (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, 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 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; or
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. 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
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 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;
and
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.
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.
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 compact, 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, 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 days after a rule is promulgated, any person may file a petition
for judicial review of the rule; provided, that the filing of such a petition
shall not stay or otherwise prevent the rule from becoming effective unless
the court finds that the petitioner has a substantial likelihood of success.
The court shall give deference to the actions of the Interstate Commission
consistent with applicable law and shall not find the rule to be unlawful
if the rule represents a reasonable exercise of the Interstate Commission's
authority.
D. If a majority of the legislatures of the compacting states rejects
a rule by enactment of a statute or resolution in the same manner used to
adopt the compact, then such rule shall have no further force and effect in
any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
1. The executive,
legislative, and judicial branches of state government in each member state
shall enforce this compact and shall take all actions necessary and appropriate
to effectuate the compact's purposes and intent. The provisions of this compact
and the rules promulgated hereunder shall have standing as statutory law.
2. All courts
shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter
of this compact which may affect the powers, responsibilities, or actions
of the Interstate Commission.
3. The Interstate Commission shall be entitled
to receive all service of process in any such proceeding, and shall have standing
to intervene in the proceeding for all purposes. Failure to provide service
of process to the Interstate Commission shall render a judgment or order void
as to the Interstate Commission, this compact, or promulgated rules.
B. Default, Technical
Assistance, Suspension, and Termination -- If the Interstate Commission determines
that a member state has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or promulgated rules, the
Interstate Commission shall:
1. Provide written notice to the defaulting state and other member
states, of the nature of the default, the means of curing the default, and
any action taken by the Interstate Commission. The Interstate Commission shall
specify the conditions by which the defaulting state must cure its default.
2. Provide remedial
training and specific technical assistance regarding the default.
3. If the defaulting
state fails to cure the default, the defaulting state shall be terminated
from the compact upon an affirmative vote of a majority of the member states
and all rights, privileges, and benefits conferred by this compact shall be
terminated from the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities incurred during
the period of the default.
4. Suspension or termination of membership in the compact shall
be imposed only after all other means of securing compliance have been exhausted.
Notice of intent to suspend or terminate shall be given by the Interstate
Commission to the Governor, the majority and minority leaders of the defaulting
state's legislature, and each of the member states.
5. The state which has been
suspended or terminated is responsible for all assessments, obligations and
liabilities incurred through the effective date of suspension or termination
including obligations, the performance of which extends beyond the effective
date of suspension or termination.
6. The Interstate Commission shall not
bear any costs relating to any state that has been found to be in default
or which has been suspended or terminated from the compact, unless otherwise
mutually agreed upon in writing between the Interstate Commission and the
defaulting state.
7. The defaulting state may appeal the action of the Interstate
Commission by petitioning the United States 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 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 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 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.
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 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 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 the compact by all states.
C. The Interstate Commission
may propose amendments to the compact for enactment by the member states.
No amendment shall become effective and binding upon the Interstate Commission
and the member states unless and until it is enacted into law by unanimous
consent of the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective,
the compact shall continue in force and remain binding upon each and every
member state; provided that a member state may withdraw from the compact by
specifically repealing the statute, which enacted the compact into law.
2. Withdrawal
from this compact shall be by the enactment of a statute repealing the same,
but shall not take effect until one 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 days of
its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations
and liabilities incurred through the effective date of withdrawal, including
obligations, the performance of which extend beyond the effective date of
withdrawal.
5. Reinstatement following withdrawal of a member state shall occur
upon the withdrawing state reenacting the compact or upon such later date
as determined by the Interstate Commission.
B. Dissolution of Compact
1. This compact
shall dissolve effective upon the date of the withdrawal or default of the
member state which reduces the membership in the compact to one member state.
2. Upon the dissolution
of this compact, the compact becomes null and void and shall be of no further
force or effect, and the business and affairs of the Interstate Commission
shall be concluded and surplus funds shall be distributed in accordance with
the bylaws.
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: Laws 2011, LB575, § 1.