senate Bill S6887

Signed by Governor Amended

Relates to educational opportunities for military children; in-state tuition at colleges and universities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 25 / Mar / 2014
    • REFERRED TO EDUCATION
  • 14 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO EDUCATION
  • 14 / Jun / 2014
    • PRINT NUMBER 6887A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1563
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A9216A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.470
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 06 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 18 / Aug / 2014
    • SIGNED CHAP.328

Summary

Amends the education law, in relation to the interstate compact on educational opportunity for military children (Part A); amends the education law, in relation to in-state tuition at colleges and universities of the state university of New York and the city university of New York (Part B); amends the executive law, in relation to the New York state supplemental burial allowance for members of the armed forces of the United States killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 USC Section 310(a)(4) (Part C); and amends the real property law, in relation to authorizing the department of state to issue certain real estate and brokers licenses (Part D).

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Bill Details

See Assembly Version of this Bill:
A9216
Versions:
S6887
S6887A
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Add Art 66 §§3300 - 3318, amd §§355, 6206 & 6301, Ed L; amd §354-b, Exec L; amd §§441 & 442-g, RP L

Sponsor Memo

BILL NUMBER:S6887

TITLE OF BILL: An act to amend the education law, in relation to
enacting the interstate compact on educational opportunity for
military children (Part A); to amend the education law, in relation to
in-state tuition at colleges and universities of the state university
of New York and the city university of New York (Part B); to amend the
executive law, in relation to the New York state supplemental burial
allowance for members of the armed forces of the United States killed
in combat or duty subject to hostile fire or imminent danger, as
defined in 37 USC § 310(a)(4)(Part C); and to amend the real property
law, in relation to authorizing the department of state to issue real
estate broker and associate licenses to spouses of members of the
armed forces who are licensed in other jurisdictions and meet certain
qualifications (Part D)

Purpose:

This bill would assist military families who must relocate to New York
as a result of their change of duty station, assist veterans who are
transitioning back into civilian life, and recognize the sacrifices of
servicemembers who have served their country.

Summary of Provisions:

Section 1 of the bill sets forth Parts A through D:

Part A would enact the Interstate Compact on Education Opportunities
for Military Children. It would provide uniform treatment of military
children transferring between school districts and states by amending
the Education Law to:

*make available a transferring child's school transcript and
immunization records required by the new school;
*facilitate the on-time graduation of the child by allowing school
districts to adjust receiving state-specific course requirements and
provide alternative means of completing required coursework, or enable
the child to graduate with a diploma from the child's sending state;
*provide that (1) the custodian of a military child with a properly
executed power of attorney may enroll a child, (2) no local tuition
may be charged to a transitioning military child whose military parent
lives outside of the receiving school district, and (3) a military
child may continue, after the military parent has transferred out of
the school district, to attend the school in which he/she was enrolled
while the military parent was a resident of the school district; and
*delineate the powers and structure of the Interstate Commission on
Educational Opportunity for Military Children.

Part B of this bill would amend the Education Law to allow veterans
attending a community college, college, or university of the State
University of New York or the City University of New York under the
federal GI bills to qualify for the in-state tuition rate.

Part C would allow the family of servicemembers from New York who were
wounded in combat but died from their wounds outside the combat zone


to qualify for the supplemental burial allowance. The section also
makes a nonresident eligible for the burial allowance if the decedent
was a member of the New York Army or Air National Guard at the time he
or she entered federal active duty status. It also makes technical
changes to the law.

Part D would create a new section 442-g of the Real Property Law that
would allow the Department of State to recognize an out of state
license issued to a spouse of a member of the armed forces as a basis
for granting a New York State license to practice as a real estate
broker or a real estate salesperson.

Section 2 provides a severability clause.

Section 3 provides the effective date.

Existing Law:

This bill would create new sections of the Education Law and the Real
Property Law. This bill also amends existing provisions of the
Education Law regarding in-state tuition. Additionally, this bill
would amend Section 354-b of the Executive Law that provides a
supplemental burial allowance to cover funeral and burial costs for
members of the Armed Forces of the United States who die in a combat
zone or die as a result of wounds received in combat. The allowance
offsets the family's burial and funeral costs not covered by the
federal government.

Justification:

New Yorkers have long fought for liberty and justice. It was the
heroic efforts of troops at the Battle of Saratoga that helped change
the course of the Revolutionary War. During the Civil War, New York
sent the most men and money to support the Union despite being far
from the battlefield. In World War I, over 500,000 New Yorkers were in
military service, the largest contingent from any state. More than
800,000 New Yorkers served in World War II and seven of them received
the Medal of Honor. Currently, the 10th Mountain Division is serving
in Afghanistan and 450 members of the New York Army National Guard are
serving in Kuwait. Here at home, the men and women of the New York
Army and Air National Guard have repeatedly helped New Yorkers during
emergencies, including during 9/11 and Superstorm Sandy. Military
families sacrifice for their country as well. Despite constant
transition, military families are the bedrock of their communities.
They also face unique challenges. This bill would assist military
families, and recognize the contributions servicemembers have made to
New York.

Part A: The average child in an active duty military family faces
transition challenges more than twice during high school. Most
military children, as a result of one or both of their parents
relocating during a 20 to 30 year military career from one
installation to another, will attend six to nine different school
systems in their lives from kindergarten to 12th grade. The compact
therefore seeks to make transition easier for the children of military
families so that they are afforded the same opportunities for


educational success as other children, and are not penalized or
delayed in achieving their educational goals. The compact was
developed by the Council of State Governments' National Center for
Interstate Compacts, the U.S. Department of Defense (DoD), national
associations, federal and state officials, departments of education,
school administrators and military families. Nearly 12,000 military
children attending public schools near Fort Drum in Watertown, the
U.S. Military Academy at West Point and Fort Hamilton in Brooklyn
would benefit from the enactment of the compact.

Part B: 70 years ago this June, President and former New York Governor
Franklin Delano Roosevelt signed the GI Bill. The GI Bill helped
create a new middle class in America. It funded the education of
fourteen future Nobel laureates, two dozen Pulitzer Prize winners,
three Supreme Court justices, and three presidents of the United
States. This Part would further the goals of the GI Bill. It would
allow veterans attending a community college, college, or university
of the State University of New York or the City University of New York
under the federal GI Bills to qualify for the in-state tuition rate.

Part C: Servicemembers that die in combat make the ultimate sacrifice.
New York provides supplemental burial allowance payments to families
of servicemembers who die in combat but denies such payments for
servicemembers who are wounded in combat but die from their wounds
outside the combat zone. For instance, family members of an individual
who was shot by the enemy in Iraq or Afghanistan, but who died of the
wounds at a hospital outside the combat zone, are ineligible for
funeral and burial assistance under the existing State statute. The
proposed revisions rectify this significant gap in the law. Families
apply first to the federal government for funeral and burial
assistance (10 U.S.C. § 1482, 38 U.S.C. § 2302-2307). They can then
apply to the State to cover their remaining costs. Some nonresidents
serve in the New York Army or Air National Guard before entering
federal active duty in the Armed Forces of the United States. For such
servicemembers who die as a result of combat, this bill makes their
families eligible for the burial allowance to the extent that the
federal government and their home state do not fully reimburse the
costs.

Part D: The spouses of servicemembers face unique challenges. New York
is committed to ensuring that these individuals are provided with
employment opportunities to ease the burdens of relocation associated
with changes of duty station. This bill would allow the spouse of a
member of the armed forces to practice as a real estate broker or a
real estate salesperson if they have been licensed in another state.

Legislative History:

This is a new bill.

Budget Implications:

This bill would be funded out of existing state resources.

Effective Date:


Parts A through C would take effect immediately, and Part D would take
effect 60 days after it becomes law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6887

                            I N  S E N A T E

                             March 25, 2014
                               ___________

Introduced  by  Sen. RANZENHOFER -- (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Education

AN  ACT  to  amend the education law, in relation to enacting the inter-
  state compact on educational opportunity for military  children  (Part
  A);  to  amend  the  education law, in relation to in-state tuition at
  colleges and universities of the state university of New York and  the
  city  university  of New York (Part B); to amend the executive law, in
  relation to the New  York  state  supplemental  burial  allowance  for
  members  of  the armed forces of the United States killed in combat or
  duty subject to hostile fire or imminent danger, as defined in 37  USC
  S  310(a)(4)(Part  C); and to amend the real property law, in relation
  to authorizing the department of state to issue real estate broker and
  associate licenses to spouses of members of the armed forces  who  are
  licensed  in other jurisdictions and meet certain qualifications (Part
  D)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement provisions of law  relating  to  educa-
tional  opportunities  for military children.   Each component is wholly
contained within a Part identified as Parts A through D.  The  effective
date  for  each  particular  provision contained within such Part is set
forth in the last section of such Part. Any  provision  in  any  section
contained within a Part, including the effective date of the Part, which
makes  a  reference  to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.

                                 PART A

  Section 1. The education law is amended by adding a new article 66  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12080-01-4

S. 6887                             2

                               ARTICLE 66
   INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
SECTION 3300. SHORT TITLE.
        3301. PURPOSE.
        3302. DEFINITIONS.
        3303. APPLICABILITY.
        3304. EDUCATIONAL RECORDS AND ENROLLMENT.
        3305. PLACEMENT AND ATTENDANCE.
        3306. ELIGIBILITY.
        3307. GRADUATION.
        3308. STATE COORDINATION.
        3309. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILI-
                 TARY CHILDREN.
        3310. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
        3311. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
        3312. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
        3313. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.
        3314. FINANCING OF THE INTERSTATE COMMISSION.
        3315. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
        3316. WITHDRAWAL AND DISSOLUTION.
        3317. SEVERABILITY AND CONSTRUCTION.
        3318. BINDING EFFECT OF COMPACT AND OTHER LAWS.
  S  3300.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY  FOR  MILITARY  CHIL-
DREN".
  S  3301. PURPOSE. IT IS THE PURPOSE OF THIS COMPACT TO REMOVE BARRIERS
TO EDUCATIONAL SUCCESS IMPOSED ON CHILDREN OF MILITARY FAMILIES  BECAUSE
OF FREQUENT MOVES AND DEPLOYMENT OF THEIR PARENTS BY:
  1. FACILITATING THE TIMELY ENROLLMENT OF CHILDREN OF MILITARY FAMILIES
AND ENSURING THAT THEY ARE NOT PLACED AT A DISADVANTAGE DUE TO DIFFICUL-
TY  IN  THE  TRANSFER  OF  EDUCATION  RECORDS  FROM  THE PREVIOUS SCHOOL
DISTRICT OR DISTRICTS OR VARIATIONS IN ENTRANCE/AGE REQUIREMENTS.
  2. FACILITATING THE STUDENT PLACEMENT PROCESS THROUGH  WHICH  CHILDREN
OF  MILITARY  FAMILIES ARE NOT DISADVANTAGED BY VARIATIONS IN ATTENDANCE
REQUIREMENTS, SCHEDULING, SEQUENCING, GRADING, COURSE CONTENT OR ASSESS-
MENT.
  3. FACILITATING THE  QUALIFICATION  AND  ELIGIBILITY  FOR  ENROLLMENT,
EDUCATIONAL  PROGRAMS,  AND  PARTICIPATION  IN EXTRACURRICULAR ACADEMIC,
ATHLETIC, AND SOCIAL ACTIVITIES.
  4. FACILITATING THE ON-TIME GRADUATION OF CHILDREN OF  MILITARY  FAMI-
LIES.
  5.  PROVIDING  FOR  THE PROMULGATION AND ENFORCEMENT OF ADMINISTRATIVE
RULES IMPLEMENTING THE PROVISIONS OF THIS COMPACT.
  6. PROVIDING FOR THE UNIFORM COLLECTION  AND  SHARING  OF  INFORMATION
BETWEEN  AND  AMONG  MEMBER  STATES, SCHOOLS AND MILITARY FAMILIES UNDER
THIS COMPACT.
  7. PROMOTING COORDINATION BETWEEN  THIS  COMPACT  AND  OTHER  COMPACTS
AFFECTING MILITARY CHILDREN.
  8.  PROMOTING  FLEXIBILITY  AND  COOPERATION  BETWEEN  THE EDUCATIONAL
SYSTEM, PARENTS AND THE STUDENT IN ORDER TO ACHIEVE EDUCATIONAL  SUCCESS
FOR THE STUDENT.
  S  3302.  DEFINITIONS.  AS  USED  IN  THIS COMPACT, UNLESS THE CONTEXT
CLEARLY REQUIRES A DIFFERENT MEANING:
  1. "ACTIVE DUTY" MEANS FULL-TIME DUTY STATUS IN THE  ACTIVE  UNIFORMED
SERVICE  OF  THE  UNITED STATES, INCLUDING MEMBERS OF THE NATIONAL GUARD

S. 6887                             3

AND RESERVE ON ACTIVE DUTY ORDERS PURSUANT TO 10  U.S.C.  SECTIONS  1209
AND 1211.
  2.  "CHILDREN OF MILITARY FAMILIES" MEANS A SCHOOL-AGED CHILD OR CHIL-
DREN, ENROLLED IN KINDERGARTEN THROUGH TWELFTH GRADE, IN  THE  HOUSEHOLD
OF AN ACTIVE DUTY MEMBER.
  3.  "COMPACT  COMMISSIONER"  MEANS  THE  VOTING REPRESENTATIVE OF EACH
COMPACTING STATE APPOINTED PURSUANT TO SECTION THIRTY-THREE HUNDRED NINE
OF THIS ARTICLE.
  4. "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.
  5. "EDUCATION RECORDS" OR "EDUCATIONAL RECORDS" MEANS  THOSE  OFFICIAL
RECORDS, FILES, AND DATA DIRECTLY RELATED TO A STUDENT AND MAINTAINED BY
THE  SCHOOL  OR  LOCAL  EDUCATIONAL 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  EVALUA-
TIVE  TESTS, HEALTH DATA, DISCIPLINARY STATUS, TEST PROTOCOLS, AND INDI-
VIDUALIZED EDUCATION PROGRAMS.
  6. "EXTRACURRICULAR ACTIVITIES" MEANS A VOLUNTARY  ACTIVITY  SPONSORED
BY  THE SCHOOL OR LOCAL EDUCATIONAL AGENCY OR AN ORGANIZATION SANCTIONED
BY THE LOCAL EDUCATIONAL AGENCY. EXTRACURRICULAR ACTIVITIES INCLUDE, BUT
ARE NOT LIMITED TO, PREPARATION FOR AN INVOLVEMENT  IN  PUBLIC  PERFORM-
ANCES,  CONTESTS,  ATHLETIC  COMPETITIONS, DEMONSTRATIONS, DISPLAYS, AND
CLUB ACTIVITIES.
  7. "INTERSTATE COMMISSION  ON  EDUCATIONAL  OPPORTUNITY  FOR  MILITARY
CHILDREN"   MEANS   THE   COMMISSION   THAT  IS  CREATED  UNDER  SECTION
THIRTY-THREE HUNDRED NINE OF THIS ARTICLE, WHICH IS  GENERALLY  REFERRED
TO IN THIS ARTICLE AS THE "INTERSTATE COMMISSION".
  8. "LOCAL EDUCATIONAL AGENCY" MEANS A PUBLIC AUTHORITY LEGALLY CONSTI-
TUTED BY THE STATE AS AN ADMINISTRATIVE AGENCY TO PROVIDE CONTROL OF AND
DIRECTION  FOR  KINDERGARTEN  THROUGH  TWELFTH  GRADE PUBLIC EDUCATIONAL
INSTITUTIONS. IN NEW YORK STATE, A  LOCAL  EDUCATIONAL  AGENCY  MEANS  A
PUBLIC SCHOOL DISTRICT LOCATED WITHIN NEW YORK STATE.
  9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THIS COMPACT.
  10.  "MILITARY  INSTALLATION" MEANS A BASE, CAMP, POST, STATION, YARD,
CENTER, HOMEPORT FACILITY FOR ANY SHIP,  OR  OTHER  ACTIVITY  UNDER  THE
JURISDICTION  OF THE DEPARTMENT OF DEFENSE, INCLUDING ANY LEASED FACILI-
TY, 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  MARIANAS  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.
  11.  "NON-MEMBER  STATE"  MEANS  A  STATE  THAT  HAS  NOT ENACTED THIS
COMPACT.
  12. "RECEIVING STATE" MEANS THE STATE TO WHICH A CHILD OF  A  MILITARY
FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
  13.  "RULE"  MEANS  A  WRITTEN  STATEMENT BY THE INTERSTATE COMMISSION
PROMULGATED PURSUANT TO SECTION  THIRTY-THREE  HUNDRED  TWELVE  OF  THIS
ARTICLE  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.
  14.  "SENDING  STATE" MEANS THE STATE FROM WHICH A CHILD OF A MILITARY
FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.

S. 6887                             4

  15. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA, THE COMMONWEALTH OF PUERTO RICO, THE UNITED STATES VIRGIN  ISLANDS,
GUAM, AMERICAN SAMOA, THE NORTHERN MARIANAS ISLANDS AND ANY OTHER UNITED
STATES TERRITORY.
  16.  "STUDENT" MEANS THE CHILD OF A MILITARY FAMILY FOR WHOM THE LOCAL
EDUCATIONAL AGENCY RECEIVES PUBLIC FUNDING AND WHO IS FORMALLY  ENROLLED
IN KINDERGARTEN THROUGH TWELFTH GRADE.
  17.  "TRANSITION"  MEANS (A) THE FORMAL AND PHYSICAL PROCESS OF TRANS-
FERRING FROM SCHOOL TO SCHOOL AS A RESULT OF MILITARY ORDERS OR (B)  THE
PERIOD  OF  TIME IN WHICH A STUDENT MOVES FROM ONE SCHOOL IN THE SENDING
STATE TO ANOTHER SCHOOL IN THE RECEIVING STATE.
  18. "UNIFORMED SERVICE" OR "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.
  19.  "VETERAN" MEANS A PERSON WHO SERVED IN THE UNIFORMED SERVICES AND
WHO WAS DISCHARGED OR RELEASED THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE.
  S  3303. APPLICABILITY. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
TWO OF THIS SECTION, THIS COMPACT SHALL APPLY TO THE CHILDREN OF:
  (A) 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. SECTIONS 1209 AND 1211;
  (B) 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
  (C) 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.
  2. THE PROVISIONS OF THIS INTERSTATE COMPACT SHALL ONLY APPLY TO LOCAL
EDUCATIONAL AGENCIES AS DEFINED IN THIS COMPACT.
  3. THE PROVISIONS OF THIS COMPACT SHALL NOT APPLY TO THE CHILDREN OF:
  (A) INACTIVE MEMBERS OF THE NATIONAL GUARD AND MILITARY RESERVES;
  (B) MEMBERS OF THE UNIFORMED SERVICES NOW RETIRED, EXCEPT AS  PROVIDED
IN SUBDIVISION ONE OF THIS SECTION;
  (C) VETERANS OF THE UNIFORMED SERVICES, EXCEPT AS PROVIDED IN SUBDIVI-
SION ONE OF THIS SECTION; AND
  (D)  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.
  S 3304. EDUCATIONAL RECORDS AND ENROLLMENT. 1. IN THE EVENT THAT OFFI-
CIAL 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  EDUCA-
TIONAL RECORDS, TO THE EXTENT FEASIBLE, AND USING ANY TEMPLATE DEVELOPED
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 QUICK-
LY AS POSSIBLE.
  2.  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 RECEIV-

S. 6887                             5

ING STATE WITHIN TEN DAYS OR WITHIN SUCH TIME AS  IS  REASONABLY  DETER-
MINED UNDER THE RULES PROMULGATED BY THE INTERSTATE COMMISSION.
  3.  NOTWITHSTANDING  ANY  PROVISIONS  OF  SUBDIVISION SEVEN OF SECTION
TWENTY-ONE HUNDRED SIXTY-FOUR OF THE PUBLIC HEALTH LAW TO THE  CONTRARY,
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 TRANSFERRING FROM A SCHOOL IN
A SENDING STATE 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  DETER-
MINED UNDER THE RULES PROMULGATED BY THE INTERSTATE COMMISSION.
  4.  FOR PURPOSES OF ENSURING A SMOOTH EDUCATIONAL TRANSITION, STUDENTS
TRANSFERRING FROM A LOCAL EDUCATIONAL AGENCY IN A  SENDING  STATE  SHALL
INITIALLY  BE ALLOWED TO CONTINUE THEIR ENROLLMENT AT GRADE LEVEL IN THE
RECEIVING STATE COMMENSURATE WITH THEIR GRADE LEVEL FROM A LOCAL  EDUCA-
TIONAL 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 EDUCATIONAL AGENCY IN THE SENDING  STATE  SHALL
INITIALLY  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.  NOTHING IN THIS SUBDIVISION SHALL PROHIBIT
A LOCAL EDUCATIONAL AGENCY IN THE RECEIVING STATE FROM PERFORMING SUBSE-
QUENT EVALUATIONS TO ENSURE APPROPRIATE PLACEMENT OF THE STUDENT.
  S 3305. PLACEMENT AND ATTENDANCE. 1. 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 AND THERE IS SPACE AVAILABLE  AS  DETERMINED  BY  THE  LOCAL
EDUCATIONAL  AGENCY.  COURSE  PLACEMENT  INCLUDES  BUT IS NOT LIMITED TO
HONORS, INTERNATIONAL  BACCALAUREATE,  ADVANCED  PLACEMENT,  VOCATIONAL,
TECHNICAL AND CAREER PATHWAYS COURSES. WHERE THE LOCAL EDUCATIONAL AGEN-
CY CONTRACTS WITH A BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO DELIVER
SUCH  COURSES, THE LOCAL EDUCATIONAL AGENCY AND THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL ARRANGE TO ENROLL THE STUDENT IN THE APPLICA-
BLE BOARD OF COOPERATIVE EDUCATIONAL SERVICES  PROGRAM  WHERE  THERE  IS
SPACE  AVAILABLE.    CONTINUING  THE STUDENT'S ACADEMIC PROGRAM FROM THE
PREVIOUS SCHOOL AND PROMOTING PLACEMENT IN ACADEMICALLY AND CAREER CHAL-
LENGING 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.
  2.  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, PROVIDED THAT THE PROGRAMS AND/OR
COURSES  EXIST  AND THERE IS SPACE AVAILABLE, AS DETERMINED BY THE LOCAL
EDUCATIONAL AGENCY.   SUCH PROGRAMS INCLUDE, BUT  ARE  NOT  LIMITED  TO,
GIFTED  AND  TALENTED PROGRAMS AND ENGLISH AS A SECOND LANGUAGE. NOTHING
IN THIS SUBDIVISION SHALL PRECLUDE THE SCHOOL  IN  THE  RECEIVING  STATE
FROM  PERFORMING  SUBSEQUENT EVALUATIONS TO ENSURE APPROPRIATE PLACEMENT
OF THE STUDENT.
  3. (A) IN COMPLIANCE WITH THE FEDERAL REQUIREMENTS OF THE  INDIVIDUALS
WITH  DISABILITIES  EDUCATION  ACT, 20 U.S.C.A. SECTION 1400 ET SEQ, THE

S. 6887                             6

RECEIVING STATE SHALL INITIALLY PROVIDE COMPARABLE SERVICES TO A STUDENT
WITH DISABILITIES BASED ON HIS OR HER CURRENT  INDIVIDUALIZED  EDUCATION
PROGRAM; AND
  (B) IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 504 OF THE REHABIL-
ITATION 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 EDUCA-
TION.  THIS  DOES  NOT  PRECLUDE  THE SCHOOL IN THE RECEIVING STATE FROM
PERFORMING SUBSEQUENT EVALUATIONS TO ENSURE APPROPRIATE PLACEMENT OF THE
STUDENT.
  4. LOCAL EDUCATIONAL AGENCY ADMINISTRATIVE OFFICIALS SHALL HAVE FLEXI-
BILITY IN WAIVING COURSE OR PROGRAM PREREQUISITES,  OR  OTHER  PRECONDI-
TIONS  FOR  PLACEMENT IN COURSES OR PROGRAMS OFFERED UNDER THE JURISDIC-
TION OF THE LOCAL EDUCATIONAL AGENCY.
  5. 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  EDUCATIONAL
AGENCY  SUPERINTENDENT TO VISIT WITH HIS OR HER PARENT OR LEGAL GUARDIAN
RELATIVE TO SUCH LEAVE OR DEPLOYMENT OF THE PARENT OR GUARDIAN.
  S 3306.  ELIGIBILITY. 1. (A) WHEN PROPERLY EXECUTED  UNDER  APPLICABLE
LAW,  A  SPECIAL  POWER  OF  ATTORNEY, RELATIVE TO THE GUARDIANSHIP OF A
MILITARY CHILD, SHALL BE CONSIDERED SUFFICIENT FOR THE SOLE  PURPOSE  OF
ESTABLISHING  RESIDENCY  OF  A  TRANSFERRING STUDENT INTO A LOCAL EDUCA-
TIONAL AGENCY AND FOR ALL OTHER ACTIONS IN THE LOCAL EDUCATIONAL  AGENCY
REQUIRING  PARENTAL  PARTICIPATION  AND CONSENT, FOR THE DURATION OF THE
GUARDIANSHIP. WHERE NEW YORK IS THE SENDING STATE, A SPECIAL DESIGNATION
OF PERSON IN PARENTAL RELATION PURSUANT TO TITLE  FIFTEEN-A  OF  ARTICLE
FIVE OF THE GENERAL OBLIGATIONS LAW, IN THE FORM PRESCRIBED IN PARAGRAPH
(B)  OF  THIS  SUBDIVISION, SHALL CONSTITUTE A SPECIAL POWER OF ATTORNEY
FOR SUCH PURPOSE, PROVIDED THAT NOTWITHSTANDING ANY OTHER  PROVISION  OF
LAW  TO  THE  CONTRARY,  SUCH  DELEGATION  SHALL  REMAIN IN EFFECT UNTIL
REVOKED OR THE CHILD RE-ESTABLISHES RESIDENCE WITH A PARENT.
  (B) A LOCAL EDUCATIONAL 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 WITH A
SPECIAL DESIGNATION OF PERSON IN PARENTAL  RELATION  PURSUANT  TO  TITLE
FIFTEEN-A  OF ARTICLE FIVE OF THE GENERAL OBLIGATIONS LAW AND THIS PARA-
GRAPH WHO LIVES IN A JURISDICTION  OTHER  THAN  THAT  OF  THE  CUSTODIAL
PARENT.  THE SPECIAL DESIGNATION OF PERSON IN PARENTAL RELATION SHALL BE
IN THE FORM PRESCRIBED BY SECTION 5-1552 OF THE GENERAL OBLIGATIONS LAW,
EXCEPT THAT IT SHALL CLEARLY IDENTIFY THE  STUDENT  AS  A  TRANSITIONING
MILITARY  CHILD AND SHALL PROVIDE THAT THE DESIGNATION SHALL CONTINUE IN
EFFECT UNTIL REVOKED  OR  THE  CHILD  RE-ESTABLISHES  RESIDENCE  WITH  A
PARENT.  NOTWITHSTANDING  ANY  PROVISIONS  OF  LAW TO THE CONTRARY, SUCH
DESIGNATION SHALL NOT BE FOR A FIXED PERIOD AND SHALL RESULT IN A CHANGE
IN THE SCHOOL DISTRICT OF RESIDENCE FOR PURPOSES OF THIS CHAPTER TO  THE
SCHOOL DISTRICT IN WHICH THE DESIGNEE RESIDES.
  (C) A TRANSITIONING MILITARY CHILD, PLACED IN THE CARE OF A NON-CUSTO-
DIAL  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 WITHIN NEW YORK IN WHICH HE OR SHE WAS ENROLLED WHILE
RESIDING WITH THE CUSTODIAL PARENT UNTIL THE CHILD COMPLETES THE HIGHEST

S. 6887                             7

GRADE LEVEL IN  SUCH  SCHOOL.    NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
CONSTRUED  TO  REQUIRE A LOCAL EDUCATIONAL AGENCY TO PROVIDE TRANSPORTA-
TION SERVICES TO SUCH STUDENT WHILE RESIDING OUTSIDE OF THE DISTRICT FOR
DISTANCES  GREATER  THAN  THE  MAXIMUM  TRANSPORTATION LIMIT ESTABLISHED
UNDER SCHOOL DISTRICT POLICY.
  2. STATE AND LOCAL EDUCATIONAL AGENCIES SHALL FACILITATE THE  OPPORTU-
NITY  FOR TRANSITIONING MILITARY CHILDREN'S INCLUSION IN EXTRACURRICULAR
ACTIVITIES, REGARDLESS OF APPLICATION DEADLINES, TO THE EXTENT THEY  ARE
OTHERWISE QUALIFIED.
  S  3307.  GRADUATION. IN ORDER TO FACILITATE THE ON-TIME GRADUATION OF
CHILDREN OF MILITARY FAMILIES, STATES  AND  LOCAL  EDUCATIONAL  AGENCIES
SHALL INCORPORATE THE FOLLOWING PROCEDURES:
  1.  LOCAL  EDUCATIONAL  AGENCY  ADMINISTRATIVE  OFFICIALS  SHALL WAIVE
SPECIFIC COURSES REQUIRED FOR GRADUATION IF SIMILAR COURSEWORK HAS  BEEN
SATISFACTORILY  COMPLETED  IN  ANOTHER LOCAL EDUCATIONAL 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 EDUCATIONAL AGENCY SHALL PROVIDE AN ALTERNATIVE  MEANS
OF ACQUIRING REQUIRED COURSEWORK SO THAT GRADUATION MAY OCCUR ON TIME.
  2.  STATES  SHALL  ACCEPT (A) EXIT OR END-OF-COURSE EXAMS REQUIRED FOR
GRADUATION FROM THE SENDING STATE, (B) NATIONAL NORM REFERENCED ACHIEVE-
MENT TESTS OR (C) ALTERNATIVE TESTING, IN LIEU OF  TESTING  REQUIREMENTS
FOR  GRADUATION  IN THE RECEIVING STATE. IN THE EVENT THE ABOVE ALTERNA-
TIVES CANNOT BE ACCOMMODATED BY THE RECEIVING STATE FOR A STUDENT TRANS-
FERRING IN HIS OR HER SENIOR YEAR, THEN THE  PROVISIONS  OF  SUBDIVISION
THREE OF THIS SECTION SHALL APPLY.
  3.  SHOULD  A MILITARY STUDENT TRANSFERRING AT THE BEGINNING OR DURING
HIS OR HER SENIOR YEAR BE INELIGIBLE  TO  GRADUATE  FROM  THE  RECEIVING
LOCAL  EDUCATIONAL  AGENCY  AFTER ALL ALTERNATIVES HAVE BEEN CONSIDERED,
THE SENDING AND RECEIVING LOCAL EDUCATIONAL AGENCIES  SHALL  ENSURE  THE
RECEIPT  OF  A DIPLOMA FROM THE SENDING LOCAL EDUCATIONAL AGENCY, IF THE
STUDENT MEETS THE GRADUATION REQUIREMENTS OF THE  SENDING  LOCAL  EDUCA-
TIONAL  AGENCY. IN THE EVENT THAT ONE OF THE STATES IN QUESTION IS NOT A
MEMBER OF THIS COMPACT, THE MEMBER  STATE  SHALL  USE  BEST  EFFORTS  TO
FACILITATE  THE  ON-TIME  GRADUATION  OF  THE STUDENT IN ACCORDANCE WITH
SUBDIVISIONS ONE AND TWO OF THIS SECTION.
  S 3308. STATE COORDINATION. 1. 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 EDUCATIONAL
AGENCIES AND MILITARY INSTALLATIONS CONCERNING THE STATE'S PARTICIPATION
IN,  AND  COMPLIANCE WITH, THIS COMPACT AND INTERSTATE COMMISSION ACTIV-
ITIES. IN NEW YORK, THE STATE COUNCIL SHALL INCLUDE THE COMMISSIONER  OR
HIS  OR  HER  DESIGNEE,  THE  DIRECTOR OF THE NEW YORK STATE DIVISION OF
VETERANS' AFFAIRS OR HIS OR HER DESIGNEE, THE ADJUTANT  GENERAL  OF  THE
STATE  OF  NEW YORK OR HIS OR HER DESIGNEE, A SUPERINTENDENT OF A SCHOOL
DISTRICT WITH A HIGH CONCENTRATION OF MILITARY CHILDREN APPOINTED BY THE
COMMISSIONER, A DISTRICT SUPERINTENDENT OF SCHOOLS OF A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SERVING AN AREA WITH A HIGH CONCENTRATION  OF
MILITARY CHILDREN APPOINTED BY THE COMMISSIONER, A REPRESENTATIVE FROM A
MILITARY  INSTALLATION  APPOINTED  BY  THE GOVERNOR, A REPRESENTATIVE OF
MILITARY FAMILIES APPOINTED BY THE GOVERNOR, A PUBLIC  MEMBER  APPOINTED
BY  THE GOVERNOR AND ONE REPRESENTATIVE EACH APPOINTED BY THE SPEAKER OF
THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND THE GOVERNOR.
  2. 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.

S. 6887                             8

  3.  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.
  4.  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.
  S  3309. 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:
  1. BE A BODY CORPORATE AND JOINT AGENCY OF THE MEMBER STATES AND SHALL
HAVE ALL THE RESPONSIBILITIES, POWERS AND DUTIES SET FORTH HEREIN.
  2.  CONSIST  OF  ONE  INTERSTATE COMMISSION VOTING REPRESENTATIVE FROM
EACH MEMBER STATE WHO SHALL BE THAT STATE'S COMPACT COMMISSIONER.
  (A) EACH MEMBER STATE REPRESENTED  AT  A  MEETING  OF  THE  INTERSTATE
COMMISSION IS ENTITLED TO ONE VOTE.
  (B)  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.
  (C)  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 SPEC-
IFIED MEETING.
  (D) THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE  INTERSTATE  COMMISSION
TO BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
  3.  CONSIST  OF EX-OFFICIO, NON-VOTING REPRESENTATIVES WHO ARE MEMBERS
OF INTERESTED ORGANIZATIONS. SUCH EX-OFFICIO MEMBERS, AS DEFINED IN  THE
BYLAWS, MAY INCLUDE BUT NOT BE LIMITED TO, MEMBERS OF THE REPRESENTATIVE
ORGANIZATIONS  OF  MILITARY  FAMILY  ADVOCATES, LOCAL EDUCATIONAL AGENCY
OFFICIALS, PARENT AND TEACHER GROUPS, THE UNITED  STATES  DEPARTMENT  OF
DEFENSE,  THE  EDUCATION COMMISSION OF THE STATES, THE INTERSTATE AGREE-
MENT ON THE QUALIFICATION OF EDUCATIONAL PERSONNEL AND OTHER  INTERSTATE
COMPACTS AFFECTING THE EDUCATION OF CHILDREN OF MILITARY MEMBERS.
  4.  MEET  AT  LEAST  ONCE EACH CALENDAR YEAR. THE CHAIRPERSON MAY CALL
ADDITIONAL MEETINGS AND, UPON THE REQUEST OF A SIMPLE  MAJORITY  OF  THE
MEMBER STATES, SHALL CALL ADDITIONAL MEETINGS.
  5.  ESTABLISH  AN EXECUTIVE COMMITTEE, WHOSE MEMBERS SHALL INCLUDE THE
OFFICERS OF THE INTERSTATE COMMISSION AND  SUCH  OTHER  MEMBERS  OF  THE
INTERSTATE COMMISSION AS DETERMINED BY THE BYLAWS. MEMBERS OF THE EXECU-
TIVE  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 COMMIS-
SION 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,  NON-VOTING
MEMBER OF THE EXECUTIVE COMMITTEE.
  6.  ESTABLISH  BYLAWS AND RULES THAT PROVIDE FOR CONDITIONS AND PROCE-
DURES 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

S. 6887                             9

OFFICIAL  RECORDS  TO  THE  EXTENT  THEY WOULD ADVERSELY AFFECT PERSONAL
PRIVACY RIGHTS OR PROPRIETARY INTERESTS.
  7.  GIVE  PUBLIC NOTICE OF ALL MEETINGS AND ALL MEETINGS SHALL BE OPEN
TO THE PUBLIC, EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE PROVIDED
IN THE COMPACT. THE INTERSTATE COMMISSION AND ITS COMMITTEES MAY CLOSE A
MEETING, OR PORTION THEREOF, WHERE IT DETERMINES BY TWO-THIRDS VOTE THAT
AN OPEN MEETING WOULD BE LIKELY TO:
  (A) RELATE SOLELY TO THE INTERSTATE  COMMISSION'S  INTERNAL  PERSONNEL
PRACTICES AND PROCEDURES;
  (B)  DISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL
AND STATE STATUTE;
  (C) DISCLOSE TRADE SECRETS  OR  COMMERCIAL  OR  FINANCIAL  INFORMATION
WHICH IS PRIVILEGED OR CONFIDENTIAL;
  (D)  INVOLVE  ACCUSING  A  PERSON  OF A CRIME, OR FORMALLY CENSURING A
PERSON;
  (E) DISCLOSE INFORMATION OF A PERSONAL NATURE WHERE  DISCLOSURE  WOULD
CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
  (F)  DISCLOSE  INVESTIGATIVE  RECORDS  COMPILED  FOR  LAW  ENFORCEMENT
PURPOSES; OR
  (G) SPECIFICALLY RELATE TO THE INTERSTATE  COMMISSION'S  PARTICIPATION
IN A CIVIL ACTION OR OTHER LEGAL PROCEEDING.
  8. 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
THEREFOR,  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 MAJOR-
ITY VOTE OF THE INTERSTATE COMMISSION.
  9.  SHALL COLLECT STANDARDIZED DATA CONCERNING THE EDUCATIONAL TRANSI-
TION 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 IDEN-
TIFIED IN THE BYLAWS AND RULES AND CONSISTENT WITH ALL APPLICABLE PRIVA-
CY LAWS.
  10.  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 EDUCATIONAL AGENCY. THIS SECTION SHALL
NOT BE CONSTRUED TO CREATE A PRIVATE RIGHT OF ACTION AGAINST THE  INTER-
STATE COMMISSION OR ANY MEMBER STATE.
  S 3310. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
COMMISSION SHALL HAVE THE FOLLOWING POWERS:
  1. TO PROVIDE FOR DISPUTE RESOLUTION AMONG MEMBER STATES.
  2.  TO  PROMULGATE  RULES AND TAKE ALL NECESSARY ACTIONS TO EFFECT THE
GOALS, PURPOSES AND OBLIGATIONS AS ENUMERATED IN THIS COMPACT.
  3. TO ISSUE,  UPON  REQUEST  OF  A  MEMBER  STATE,  ADVISORY  OPINIONS
CONCERNING  THE MEANING OR INTERPRETATION OF THE INTERSTATE COMPACT, ITS
BYLAWS, RULES AND ACTIONS.

S. 6887                            10

  4. TO ENFORCE  COMPLIANCE  WITH  THE  COMPACT  PROVISIONS,  THE  RULES
PROMULGATED  BY  THE  INTERSTATE  COMMISSION,  AND THE BYLAWS, USING ALL
NECESSARY AND PROPER MEANS, INCLUDING BUT NOT  LIMITED  TO  THE  USE  OF
JUDICIAL PROCESS.
  5. TO ESTABLISH AND MAINTAIN OFFICES WHICH SHALL BE LOCATED WITHIN ONE
OR MORE OF THE MEMBER STATES.
  6. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS.
  7. TO BORROW, ACCEPT, HIRE OR CONTRACT FOR SERVICES OF PERSONNEL.
  8.  TO ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO,
AN EXECUTIVE COMMITTEE AS REQUIRED BY SUBDIVISION FIVE OF SECTION  THIR-
TY-THREE  HUNDRED NINE OF THIS ARTICLE WHICH SHALL HAVE THE POWER TO ACT
ON BEHALF OF THE INTERSTATE COMMISSION IN CARRYING OUT  ITS  POWERS  AND
DUTIES HEREUNDER.
  9. TO ELECT OR APPOINT SUCH OFFICERS, ATTORNEYS, EMPLOYEES, AGENTS, OR
CONSULTANTS,  AND  TO  FIX  THEIR  COMPENSATION, DEFINE THEIR DUTIES AND
DETERMINE THEIR QUALIFICATIONS; AND TO ESTABLISH THE INTERSTATE  COMMIS-
SION'S  PERSONNEL  POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTER-
EST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL.
  10. TO ACCEPT ANY AND ALL DONATIONS AND GRANTS  OF  MONEY,  EQUIPMENT,
SUPPLIES,  MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE
OF IT.
  11. TO LEASE, PURCHASE,  ACCEPT  CONTRIBUTIONS  OR  DONATIONS  OF,  OR
OTHERWISE  TO OWN, HOLD, IMPROVE OR USE ANY PROPERTY, REAL, PERSONAL, OR
MIXED.
  12. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE,  EXCHANGE,  ABANDON,  OR
OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL OR MIXED.
  13. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES.
  14.  TO ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION
OF THE INTERSTATE COMMISSION.
  15.  TO REPORT ANNUALLY TO THE LEGISLATURES, GOVERNORS, JUDICIARY, AND
STATE COUNCILS OF THE MEMBER STATES CONCERNING  THE  ACTIVITIES  OF  THE
INTERSTATE COMMISSION DURING THE PRECEDING YEAR. SUCH REPORTS SHALL ALSO
INCLUDE ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTERSTATE
COMMISSION.
  16.  TO  COORDINATE EDUCATION, TRAINING AND PUBLIC AWARENESS REGARDING
THE COMPACT, ITS IMPLEMENTATION AND OPERATION FOR OFFICIALS AND  PARENTS
INVOLVED IN SUCH ACTIVITY.
  17.  TO  ESTABLISH UNIFORM STANDARDS FOR THE REPORTING, COLLECTING AND
EXCHANGING OF DATA.
  18. TO MAINTAIN CORPORATE BOOKS AND RECORDS  IN  ACCORDANCE  WITH  THE
BYLAWS.
  19.  TO  PERFORM  SUCH FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THIS COMPACT.
  20. TO PROVIDE FOR THE UNIFORM COLLECTION AND SHARING  OF  INFORMATION
BETWEEN  AND  AMONG  MEMBER  STATES, SCHOOLS AND MILITARY FAMILIES UNDER
THIS COMPACT CONSISTENT WITH ALL APPLICABLE PRIVACY LAWS.
  S 3311. ORGANIZATION AND OPERATION OF THE  INTERSTATE  COMMISSION.  1.
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:
  (A) ESTABLISHING THE FISCAL YEAR OF THE INTERSTATE COMMISSION;
  (B) ESTABLISHING AN EXECUTIVE COMMITTEE, AND SUCH OTHER COMMITTEES  AS
MAY BE NECESSARY;

S. 6887                            11

  (C)  PROVIDING  FOR  THE ESTABLISHMENT OF COMMITTEES AND FOR GOVERNING
ANY GENERAL OR SPECIFIC DELEGATION  OF  AUTHORITY  OR  FUNCTION  OF  THE
INTERSTATE COMMISSION;
  (D)  PROVIDING  REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
INGS OF THE INTERSTATE COMMISSION, AND  ENSURING  REASONABLE  NOTICE  OF
EACH SUCH MEETING;
  (E)  ESTABLISHING  THE TITLES AND RESPONSIBILITIES OF THE OFFICERS AND
STAFF OF THE INTERSTATE COMMISSION;
  (F) PROVIDING A MECHANISM FOR CONCLUDING THE OPERATIONS OF THE  INTER-
STATE 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
  (G)  PROVIDING  "START  UP"  RULES  FOR  INITIAL ADMINISTRATION OF THE
COMPACT.
  2. 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  MEET-
INGS  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 OFFI-
CERS SHALL BE REIMBURSED FOR ORDINARY AND NECESSARY COSTS  AND  EXPENSES
INCURRED  BY  THEM IN THE PERFORMANCE OF THEIR RESPONSIBILITIES AS OFFI-
CERS OF THE INTERSTATE COMMISSION.
  3. (A) THE EXECUTIVE COMMITTEE SHALL HAVE SUCH AUTHORITY AND DUTIES AS
MAY BE SET FORTH IN THE BYLAWS, INCLUDING BUT NOT LIMITED TO:
  (I) MANAGING THE AFFAIRS OF THE  INTERSTATE  COMMISSION  IN  A  MANNER
CONSISTENT WITH THE BYLAWS AND PURPOSES OF THE INTERSTATE COMMISSION;
  (II)  OVERSEEING  AN  ORGANIZATIONAL STRUCTURE WITHIN, AND APPROPRIATE
PROCEDURES FOR THE INTERSTATE COMMISSION TO PROVIDE FOR THE CREATION  OF
RULES,  OPERATING  PROCEDURES,  AND ADMINISTRATIVE AND TECHNICAL SUPPORT
FUNCTIONS; AND
  (III) PLANNING,  IMPLEMENTING,  AND  COORDINATING  COMMUNICATIONS  AND
ACTIVITIES  WITH OTHER STATE, FEDERAL AND LOCAL GOVERNMENT ORGANIZATIONS
IN ORDER TO ADVANCE THE GOALS OF THE INTERSTATE COMMISSION.
  (B) THE EXECUTIVE COMMITTEE MAY, SUBJECT TO THE APPROVAL OF THE INTER-
STATE COMMISSION, APPOINT OR RETAIN AN EXECUTIVE DIRECTOR FOR SUCH PERI-
OD, 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.
  4. 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, WITH-
IN  THE  SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
BILITIES; PROVIDED, THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR
LIABILITY FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED  BY  THE  INTEN-
TIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
  (A)  THE  LIABILITY  OF THE INTERSTATE COMMISSION'S EXECUTIVE DIRECTOR
AND EMPLOYEES OR INTERSTATE COMMISSION  REPRESENTATIVES,  ACTING  WITHIN

S. 6887                            12

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 SECTION SHALL BE CONSTRUED TO PROTECT
SUCH PERSON FROM SUIT OR LIABILITY FOR DAMAGE, LOSS, INJURY, OR  LIABIL-
ITY  CAUSED  BY THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH
PERSON.
  (B) 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  LIABIL-
ITY  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.
  (C) 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  SETTLE-
MENT  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 EMPLOY-
MENT,  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.
  S  3312.  RULEMAKING  FUNCTIONS  OF  THE INTERSTATE COMMISSION. 1. 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 ARTICLE, OR CONFLICTS WITH THE LAWS OF A  MEMBER
STATE,  OR  THE  POWERS  GRANTED  HEREUNDER,  THEN SUCH AN ACTION BY THE
INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO FORCE OR EFFECT.
  2. RULES SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT  SUBSTAN-
TIALLY  CONFORMS  TO SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE
PROCEDURE ACT AS MAY BE APPROPRIATE TO THE OPERATIONS OF THE  INTERSTATE
COMMISSION.
  3.  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 REASON-
ABLE EXERCISE OF THE INTERSTATE COMMISSION'S AUTHORITY.
  4. 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.

S. 6887                            13

  S  3313.  OVERSIGHT,  ENFORCEMENT,  AND DISPUTE RESOLUTION. 1. (A) 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,  RESPON-
SIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
  (B) 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  PROC-
ESS  TO  THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE INTERSTATE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
  2. 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.
  (C) 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.
  (D)  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.
  (E) 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.
  (F) 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.
  (G)  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.
  3. (A) 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.
  (B)  THE  INTERSTATE  COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR
BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS  APPROPRI-
ATE.

S. 6887                            14

  4.  (A)  THE  INTERSTATE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
  (B)  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 PRINCI-
PAL 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.
  (C) 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 PROFES-
SION.
  S 3314. FINANCING OF THE  INTERSTATE  COMMISSION.  1.  THE  INTERSTATE
COMMISSION  SHALL  PAY,  OR  PROVIDE  FOR  THE PAYMENT OF THE REASONABLE
EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING ACTIVITIES.
  2. THE INTERSTATE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL ASSESS-
MENT 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 INTER-
STATE COMMISSION, WHICH SHALL PROMULGATE A RULE BINDING UPON ALL  MEMBER
STATES.
  3.  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.
  4. THE INTERSTATE COMMISSION  SHALL  KEEP  ACCURATE  ACCOUNTS  OF  ALL
RECEIPTS AND DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE INTER-
STATE 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 INTER-
STATE COMMISSION.
  S 3315. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.  1. ANY STATE  IS
ELIGIBLE TO BECOME A MEMBER STATE.
  2.  THE  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN  TEN  OF  THE  STATES.
THEREAFTER  IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER MEMBER
STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT STATE.  THE  GOVER-
NORS OF NON-MEMBER STATES OR THEIR DESIGNEES SHALL BE INVITED TO PARTIC-
IPATE  IN  THE  ACTIVITIES  OF  THE INTERSTATE COMMISSION ON A NONVOTING
BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
  3. 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.
  S 3316. WITHDRAWAL AND DISSOLUTION.   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.

S. 6887                            15

  2. WITHDRAWAL FROM THIS COMPACT SHALL BE BY THE ENACTMENT OF A STATUTE
REPEALING  THE  SAME,  BUT SHALL NOT TAKE EFFECT 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  LEGIS-
LATION  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, OBLI-
GATIONS AND LIABILITIES INCURRED THROUGH THE  EFFECTIVE  DATE  OF  WITH-
DRAWAL,  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.
  S 3317. SEVERABILITY AND  CONSTRUCTION.  1.  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.
  2.  THE  PROVISIONS  OF  THIS  COMPACT SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE ITS PURPOSES.
  3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT THE APPLICA-
BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
  S 3318. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1.   ALL  AGREEMENTS
BETWEEN  THE  INTERSTATE COMMISSION AND THE MEMBER STATES ARE BINDING IN
ACCORDANCE WITH THEIR TERMS.
  2. IN THE EVENT ANY PROVISION OF THIS COMPACT  EXCEEDS  THE  CONSTITU-
TIONAL  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.
  S 2. This act shall take effect immediately; provided that the commis-
sioner  of  education shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of the interstate  compact  on
educational  opportunity  for military children, as added by section one
of this act, by the tenth state as provided for in section 3315 of  such
compact in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York  in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

                                 PART B

  Section 1. Clause (iii) of subparagraph 8 of paragraph h  of  subdivi-
sion  2  of section 355 of the education law, as added by chapter 327 of
the laws of 2002, is amended and a new clause (iv) is added to  read  as
follows:
  (iii)  was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand  one--two
thousand  two  academic  year  and was authorized by such institution or
educational unit to pay tuition  at  the  rate  or  charge  imposed  for
students who are residents of the state[.]; OR
  (IV)  WAS  HONORABLY  DISCHARGED  FROM  THE ARMED FORCES OF THE UNITED
STATES AND IS ENROLLED IN AN INSTITUTION  OR  EDUCATIONAL  UNIT  OF  THE
STATE  UNIVERSITY, AND IS ATTENDING SUCH INSTITUTION OR EDUCATIONAL UNIT
IN ACCORDANCE WITH THE FEDERAL GI BILLS.

S. 6887                            16

  S 2. Subparagraph (iii) of paragraph (a-1) of subdivision 7 of section
6206 of the education law, as amended by chapter  260  of  the  laws  of
2011,  is  amended  and  a  new  subparagraph  (iv)  is added to read as
follows:
  (iii)  was  enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand  one--two
thousand  two  academic  year  and was authorized by such institution or
educational unit to pay tuition  at  the  rate  or  charge  imposed  for
students who are residents of the state[.]; OR
  (IV)  WHO WAS HONORABLY DISCHARGED FROM THE ARMED FORCES OF THE UNITED
STATES AND IS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE CITY
UNIVERSITY, AND IS ATTENDING SUCH INSTITUTION  OR  EDUCATIONAL  UNIT  IN
ACCORDANCE WITH THE FEDERAL GI BILLS.
  S  3.  Subparagraph (iii) of paragraph (a) of subdivision 7 of section
6206 of the education law, as amended by chapter  327  of  the  laws  of
2002,  is  amended  and  a  new  subparagraph  (iv)  is added to read as
follows:
  (iii) was enrolled in an institution or educational unit of  the  city
university  in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized  by  such  institution  or
educational  unit  to  pay  tuition  at  the  rate or charge imposed for
students who are residents of the state[.]; OR
  (IV) WHO WAS HONORABLY DISCHARGED FROM THE ARMED FORCES OF THE  UNITED
STATES AND IS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE CITY
UNIVERSITY,  AND  IS  ATTENDING  SUCH INSTITUTION OR EDUCATIONAL UNIT IN
ACCORDANCE WITH THE FEDERAL GI BILLS.
  S 4. Paragraph (iii) of subdivision 5 of section 6301 of the education
law, as amended by chapter 327 of the laws of 2002, is amended and a new
paragraph (iv) is added to read a follows:
  (iii) was enrolled in an institution or educational unit of the  state
university  in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized  by  such  institution  or
educational  unit  to  pay  tuition  at  the  rate or charge imposed for
students who are residents of the state[.]; OR
  (IV) WHO WAS HONORABLY DISCHARGED FROM THE ARMED FORCES OF THE  UNITED
STATES  AND  IS ENROLLED IN A COMMUNITY COLLEGE UNDER THE PROGRAM OF THE
STATE UNIVERSITY, AND IS ATTENDING SUCH COMMUNITY COLLEGE IN  ACCORDANCE
WITH THE FEDERAL GI BILLS.
  S  5.  This act shall take effect immediately; provided, however, that
the amendments to paragraph (a-1) of subdivision 7 of  section  6206  of
the  education law, made by section two of this act, shall be subject to
the expiration and reversion of such paragraph pursuant to section 16 of
chapter 260 of the laws of 2011, when upon such date the  provisions  of
section three of this act shall take effect.

                                 PART C

  Section 1. Section 354-b of the executive law, as added by chapter 106
of  the laws of 2003, paragraph (c) of subdivision 2 as amended by chap-
ter 418 of the laws of 2004, is amended to read as follows:
  S 354-b. New York state supplemental burial allowance for  members  of
the  armed  forces of the United States killed in combat or duty subject
to hostile fire or imminent danger, as defined in 37 USC S  310[(a)(4)].
1.  As used in this section, "parent" means a father, a mother, a father
through adoption, a mother through adoption, or an individual who, for a
period  of  not  less  than  one year, at any time before the decedent's

S. 6887                            17

entry into active military service stood in the relationship of a parent
to a decedent [killed] WHO DIED in combat or  duty  subject  to  hostile
fire or imminent danger, as defined in 37 USC S 310[(a)(4)], OR WHO DIED
FROM  A  WOUND  INCURRED  IN  COMBAT OR WHILE SERVING ON DUTY SUBJECT TO
HOSTILE FIRE OR IMMINENT DANGER, AS DEFINED IN 37 USC S 310 or,  if  two
persons  stood in the relationship of a parent for one year or more, the
person who bore the expenses of the funeral of the decedent.
  2. AS USED IN THIS SECTION, "WOUND"  MEANS  A  PHYSICAL  INJURY  TO  A
SERVICEMEMBER  ON ACTIVE DUTY CAUSED BY (I) A BULLET, SHRAPNEL, OR OTHER
PROJECTILE; (II) A MINE OR TRAP PLACED BY THE ENEMY; (III) AN  EXPLOSION
CAUSED OR INDUCTED BY THE ENEMY'S ACTIONS; (IV) AN ENEMY-RELEASED CHEMI-
CAL,  BIOLOGICAL,  OR  NUCLEAR AGENT; (V) A VEHICLE OR AIRCRAFT ACCIDENT
RESULTING FROM ENEMY FIRE; OR (VI) ANY OTHER ACTION CAUSED OR INDUCED BY
THE ENEMY DIRECTLY RESULTING IN PHYSICAL HARM TO THE SERVICEMEMBER.
  3. There is hereby established within the division a  New  York  state
supplemental  burial  allowance  for  [members]  ANY MEMBER of the armed
forces of the United States [killed] WHO: (A) DIED  in  combat  or  duty
subject  to  hostile  fire  or  imminent  danger, as defined in 37 USC S
310[(a)(4), who were residents] OR DIED FROM A WOUND INCURRED IN  COMBAT
OR  WHILE SERVING ON DUTY SUBJECT TO HOSTILE FIRE OR IMMINENT DANGER, AS
DEFINED IN 37 USC S 310, OTHER THAN THE EXCEPTIONS NOTED  IN  PARAGRAPHS
(D),  (E)  AND  (F) OF SUBDIVISION FOUR OF THIS SECTION, AND (B) WHO WAS
(I) A RESIDENT of New York state at the time of his or her death OR (II)
A NONRESIDENT OF NEW YORK STATE AT THE TIME OF HIS OR HER  DEATH  AND  A
MEMBER  OF THE NEW YORK ARMY OR AIR NATIONAL GUARD AT THE TIME HE OR SHE
ENTERED TITLE 10, UNITED STATES CODE, FEDERAL ACTIVE DUTY STATUS  DURING
WHICH PERIOD OF SERVICE HE OR SHE DIED.
  4.  (a)  The  purpose  of  the  program is to administer and monitor a
supplemental allowance program to aid families of military personnel who
[were killed] DIED in combat or duty subject to hostile fire or imminent
danger, as defined in 37  USC  S  310[(a)(4)],  OR  DIED  FROM  A  WOUND
INCURRED  IN  COMBAT OR DUTY SUBJECT TO HOSTILE FIRE OR IMMINENT DANGER,
AS DEFINED IN 37 USC  S  310,  with  respect  to  expenses  incurred  in
connection  with  THE  DECEDENT'S  FUNERAL AND the burial, CREMATION, OR
OTHER INTERMENT of the [decedent] DECEDENT'S REMAINS.
  (b) Eligible recipients under this program shall be those who bore the
cost  of  the  DECEDENT'S  funeral  AND  BURIAL,  CREMATION,  OR   OTHER
INTERMENT, in THE FOLLOWING order of priority: (i) A surviving [spouses]
SPOUSE  or  domestic  [partners  of deceased military personnel who were
killed in combat or duty subject to hostile fire or imminent danger,  as
defined in 37 USC S 310(a)(4)] PARTNER OF THE DECEDENT; (ii) adult chil-
dren  of  the  [deceased military personnel who were killed in combat or
duty subject to hostile fire or imminent danger, as defined in 37 USC  S
310(a)(4)]  DECEDENT,  TO  INCLUDE  STEP-CHILDREN  AND ADOPTED CHILDREN;
(iii) parents OR GRANDPARENTS of [deceased military personnel  who  were
killed  in combat or duty subject to hostile fire or imminent danger, as
defined in 37 USC S  310(a)(4)]  THE  DECEDENT,  AND  PARENTS-IN-LAW  OR
GRANDPARENTS-IN-LAW  OF  THE DECEDENT; [and] (iv) BROTHERS OR SISTERS OF
THE DECEDENT, TO INCLUDE BROTHERS OR SISTERS ADOPTED BY  THE  DECEDENT'S
IMMEDIATE  FAMILY  AND BROTHERS OR SISTERS WITH WHOM THE DECEDENT SHARES
ONLY ONE PARENT IN COMMON, AND BROTHERS-IN-LAW OR SISTERS-IN-LAW OF  THE
DECEDENT; (V) AUNTS, UNCLES, AND FIRST COUSINS OF THE DECEDENT; AND (VI)
any other relative. [An application shall be made available to an eligi-
ble recipient.] Any applicant convicted of making any false statement in
the  application for the reimbursement shall be subject to the penalties
prescribed in the penal law.

S. 6887                            18

  (c) Such burial allowance is a partial reimbursement  of  an  eligible
decedent's [burial and] funeral AND BURIAL, CREMATION OR OTHER INTERMENT
costs.  The reimbursement is generally applicable to two components: (i)
[a burial and] funeral expenses [allowance], and (ii) [a plot  interment
allowance]  EXPENSES ARISING FROM THE BURIAL, CREMATION, OR OTHER INTER-
MENT OF THE DECEDENT'S REMAINS. Any allowance granted by the  government
of  the  United  States, pursuant to 38 U.S.C. S 2301, 2302, 2303, 2306,
2307 and 2308 or 10 U.S.C. S 1482, OR BY THE DECEDENT'S STATE  OF  RESI-
DENCE IN THE CASE OF AN ALLOWANCE ELIGIBLE PURSUANT TO SUBPARAGRAPH (II)
OF  PARAGRAPH  (B)  OF  THIS  SUBDIVISION, shall be first applied toward
[burial and] funeral AND BURIAL, CREMATION OR OTHER INTERMENT costs.  [A
state]  THE  STATE  MAY AWARD AN allowance of up to six thousand dollars
may be awarded to cover any remaining expenses.
  (d) [Evidence of the military service of the decedent  for  each  case
shall be furnished in the manner and form prescribed by the state direc-
tor;  upon  being  satisfied that the facts in the application are true,
the state director shall certify to the state comptroller the  name  and
address of such recipient] THE STATE SHALL NOT AWARD ANY FUNDS FROM THIS
ALLOWANCE  TO  REIMBURSE  ANY  COSTS FOR THE HEADSTONE, GRAVE MARKER, OR
MEDALLION OF THE DECEDENT.
  (e) THE STATE SHALL NOT GRANT SUPPLEMENTAL BURIAL  ALLOWANCE  PAYMENTS
FOR  THE FUNERAL OR THE BURIAL, CREMATION, OR OTHER INTERMENT OF REMAINS
OF ANY DECEDENT WHOSE RELATIONS RECEIVED  ANY  REIMBURSEMENT  FROM  THIS
ALLOWANCE FOR ANY PREVIOUS FUNERAL OR BURIAL, CREMATION, OR OTHER INTER-
MENT OF REMAINS FOR THIS SAME DECEDENT.
  (F)  THE  STATE SHALL NOT GRANT SUPPLEMENTAL BURIAL ALLOWANCE PAYMENTS
FOR ANY PERSON FILING A COMPLETED APPLICATION FOR  SUCH  ALLOWANCE  WITH
THE  STATE  LATER THAN: (I) TWO YEARS AFTER THE APPLICANT RECEIVED FINAL
WRITTEN NOTICE FROM THE UNITED STATES  DEPARTMENT  OF  VETERANS  AFFAIRS
REGARDING  AN APPLICATION FOR REIMBURSEMENT OF FUNERAL OR BURIAL, CREMA-
TION OR OTHER INTERMENT EXPENSES PURSUANT TO  38  U.S.C.SS  2301,  2302,
2303, 2306, 2307, OR 2308, OR 10 U.S.C.S 1482, OR ANY COMBINATION THERE-
OF;  OR  (II) TWO YEARS AFTER THE EXPIRATION DATE OF THE FILING DEADLINE
TO APPLY FOR REIMBURSEMENT OF FUNERAL, BURIAL, CREMATION OR OTHER INTER-
MENT EXPENSES FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,  AS
DEFINED  IN  38  U.S.C.  S  2304,  IF  THE  APPLICANT  NEVER APPLIED FOR
REIMBURSEMENT OF FUNERAL, BURIAL, CREMATION OR INTERMENT  EXPENSES  FROM
THE  UNITED  STATES  DEPARTMENT  OF  VETERANS  AFFAIRS. ANY APPLICATIONS
RECEIVED SUBSEQUENT TO THESE  PRESCRIBED  PERIODS  SHALL  BE  DENIED  AS
TIME-BARRED.
  (G) ANY FAMILY MEMBERS OF AN INDIVIDUAL WHO DIED AFTER SEPTEMBER ELEV-
ENTH,  TWO THOUSAND ONE FOR WHOM THE TIME LIMITATIONS DESCRIBED IN PARA-
GRAPH (F) OF THIS SUBDIVISION HAVE EXPIRED, AND WHO PRIOR TO THE  EFFEC-
TIVE  DATE  OF  THIS  PARAGRAPH DID NOT RECEIVE REIMBURSEMENT UNDER THIS
SECTION BUT WOULD HAVE QUALIFIED IF THE CRITERIA  IN  PARAGRAPH  (A)  OF
THIS SUBDIVISION HAD BEEN IN EFFECT AT THE TIME OF THE DECEDENT'S DEATH,
SHALL HAVE TWO YEARS FROM THE EFFECTIVE DATE OF THIS PARAGRAPH TO FILE A
COMPLETED  APPLICATION  FOR  THIS SUPPLEMENTAL BURIAL ALLOWANCE WITH THE
STATE DIRECTOR. ANY APPLICATION FILED UNDER THIS PARAGRAPH AND  RECEIVED
SUBSEQUENT TO THIS TWO-YEAR PERIOD SHALL BE DENIED AS TIME-BARRED.
  (H)  APPLICANTS  SHALL  FURNISH  EVIDENCE  OF  THE DECEDENT'S MILITARY
SERVICE AND RELEVANT REPORTS AND DOCUMENTS EXPLAINING WHY  THE  APPLICA-
TION MEETS ELIGIBILITY REQUIREMENTS FOR EACH CASE IN THE MANNER AND FORM
PRESCRIBED  BY  THE  STATE  DIRECTOR  OR HIS OR HER DESIGNEE. UPON BEING
SATISFIED THAT THE FACTS IN THE APPLICATION ARE TRUE, THE STATE DIRECTOR
OR HIS OR HER DESIGNEE SHALL CERTIFY TO THE STATE COMPTROLLER  THE  NAME

S. 6887                            19

AND  ADDRESS  OF  SUCH  RECIPIENT. THE DECISION OF THE STATE DIRECTOR OR
DESIGNEE ON ALL MATTERS REGARDING ANY PAYMENT FROM THIS ALLOWANCE  SHALL
BE FINAL.
  (I)  The  state  director  shall  submit a report to the governor, the
chairperson of the senate finance committee, and the chairperson of  the
assembly  ways  and  means committee not later than January fifteenth of
each year in which this section is in effect. Such report shall include,
but not be limited to, regulations promulgated pursuant to this section,
allowances paid, and an account of the monies spent and the relationship
of the distributees to the decedent.
  S 2. This act shall take effect immediately.

                                 PART D

  Section 1. Paragraph (a) of subdivision 3 of section 441 of  the  real
property  law, as amended by chapter 474 of the laws of 2007, is amended
to read as follows:
  (a) No renewal license shall be issued any licensee under this article
for any license period commencing November first, nineteen hundred nine-
ty-five unless such licensee shall have within the two year period imme-
diately preceding such renewal attended at least twenty-two and one-half
hours which shall include at least three hours of instruction pertaining
to fair housing and/or discrimination in the  sale  or  rental  of  real
property  or  an  interest in real property and successfully completed a
continuing education real estate  course  or  courses  approved  by  the
secretary of state as to method, content and supervision, which approval
may be withdrawn if in the opinion of the secretary of state such course
or  courses  are  not being conducted properly as to method, content and
supervision.  [The licensee] FOR THOSE INDIVIDUALS LICENSED PURSUANT  TO
SUBDIVISION  SIX OF SECTION FOUR HUNDRED FORTY-TWO-G OF THIS ARTICLE, IN
THE INDIVIDUAL'S INITIAL LICENSE TERM, AT  LEAST  ELEVEN  HOURS  OF  THE
REQUIRED  TWENTY-TWO AND ONE-HALF HOURS OF CONTINUING EDUCATION SHALL BE
COMPLETED DURING THE FIRST YEAR OF THE  TERM.  OF  THOSE  ELEVEN  HOURS,
THREE HOURS SHALL PERTAIN TO APPLICABLE NEW YORK STATE STATUES AND REGU-
LATIONS  GOVERNING THE PRACTICE OF REAL ESTATE BROKERS AND SALESPERSONS.
TO ESTABLISH  COMPLIANCE  WITH  THE  CONTINUING  EDUCATION  REQUIREMENTS
IMPOSED BY THIS SECTION, LICENSEES shall provide an affidavit, in a form
acceptable  to  the  department of state, establishing the nature of the
continuing education acquired and shall provide such  further  proof  as
required  by  the  department of state. The provisions of this paragraph
shall not apply to any licensed real estate broker who is  engaged  full
time  in  the  real estate business and who has been licensed under this
article prior to July first, two thousand eight  for  at  least  fifteen
consecutive years immediately preceding such renewal.
  S 2. Section 442-g of the real property law is amended by adding a new
subdivision 6 to read as follows:
  6.  NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS ARTICLE, THE DEPART-
MENT OF STATE SHALL GRANT A REAL ESTATE BROKER OR A REAL ESTATE SALESMAN
LICENSE TO AN APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES WHO  SUBMITS  SATIS-
FACTORY EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO PRACTICE
AN  EQUIVALENT  OCCUPATION ISSUED BY A STATE, TERRITORY, PROTECTORATE OR
DEPENDENCY OF THE UNITED STATES, PROVIDED  THAT  SUCH  LICENSE,  CERTIF-
ICATION  OR CERTIFICATE OF REGISTRATION WAS CURRENT AND EFFECTIVE WITHIN
ONE YEAR OF THE DATE OF THE INDIVIDUAL'S APPLICATION  FOR  LICENSURE  IN
NEW  YORK,  WAS  GRANTED  IN  COMPLIANCE WITH STANDARDS THAT ARE, IN THE

S. 6887                            20

JUDGMENT OF THE SECRETARY, NO LESS  RIGOROUS  THAN  THOSE  REQUIRED  FOR
LICENSURE IN NEW YORK. IF SUCH STANDARDS FOR LICENSURE, CERTIFICATION OR
REGISTRATION  ARE DEEMED BY THE SECRETARY TO BE LESS RIGOROUS THAN THOSE
REQUIRED FOR LICENSURE IN NEW YORK, THE SECRETARY SHALL PERMIT AN APPLI-
CANT  TO SUBMIT EVIDENCE IN A FORM ACCEPTABLE TO THE DEPARTMENT OF STATE
TO DEMONSTRATE THE APPLICANT'S COMPETENCY AND TRUSTWORTHINESS.  IF  SUCH
EVIDENCE  IS  SUFFICIENT IN THE JUDGMENT OF THE SECRETARY, THE SECRETARY
SHALL GRANT A REAL ESTATE BROKER OR REAL ESTATE SALESPERSON LICENSE.
  S 3. This act shall take effect on  the  sixtieth  day  after  it  has
become  a law, provided however, that effective immediately, the depart-
ment of state is authorized and directed to  promulgate  all  rules  and
regulations  necessary  to  implement  the  provisions of this act on or
before its effective date.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

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