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

                                  7976

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to removing  barriers  to
  educational  success  imposed on children of military families because
  of frequent moves and deployment of their parents

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

  Section  1.  Legislative  findings and intent.  The legislature hereby
finds, determines and declares that it is a matter of state concern  and
in  the interest of the people of the state to remove barriers to educa-
tional 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 act.
  6. Providing for the uniform collection  and  sharing  of  information
between  and  among  member  states, schools and military families under
this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11272-01-9

              

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  7. Promoting coordination between this act and  other  acts  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  2.  The education law is amended by adding a new article 18 to read
as follows:
                               ARTICLE 18
                         EDUCATIONAL OPPORTUNITY
                          FOR MILITARY CHILDREN
SECTION 850. DEFINITIONS.
        851. APPLICABILITY.
        852. EDUCATIONAL RECORDS AND ENROLLMENT.
        853. PLACEMENT AND ATTENDANCE.
        854. ELIGIBILITY.
        855. GRADUATION.
        856. STATE COORDINATION.
        857. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR  MILI-
               TARY CHILDREN.
        858. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
        859. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
        860. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
        861. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.
        862. FINANCING OF THE INTERSTATE COMMISSION.
        863. WITHDRAWAL AND DISSOLUTION.
        864. SEVERABILITY AND CONSTRUCTION.
        865. BINDING EFFECT.
  S 850. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "ACTIVE  DUTY" MEANS FULL-TIME DUTY STATUS IN THE ACTIVE UNIFORMED
SERVICE OF THE UNITED STATES, INCLUDING MEMBERS OF  THE  NATIONAL  GUARD
AND RESERVE ON ACTIVE DUTY ORDERS PURSUANT TO 10 U.S.C. SECTION 1209 AND
1211.
  2.  "CHILDREN  OF  MILITARY  FAMILIES" MEANS ANY SCHOOL-AGED CHILDREN,
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 EIGHT HUNDRED FIFTY-SEVEN
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. "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 EVALUATIVE TESTS, HEALTH DATA,
DISCIPLINARY  STATUS,  TEST  PROTOCOLS,  AND  INDIVIDUALIZED   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 AND INVOLVEMENT IN PUBLIC PERFORM-
ANCES, CONTESTS, ATHLETIC COMPETITIONS,  DEMONSTRATIONS,  DISPLAYS,  AND
CLUB ACTIVITIES.

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  7.  "INTERSTATE  COMMISSION  ON  EDUCATIONAL  OPPORTUNITY FOR MILITARY
CHILDREN" MEANS THE COMMISSION  THAT  IS  CREATED  UNDER  SECTION  EIGHT
HUNDRED  FIFTY-SEVEN  OF THIS ARTICLE, WHICH IS GENERALLY REFERRED TO AS
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.
  9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED LEGISLATION  CREATING
AN  INTERSTATE  COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHIL-
DREN SIMILAR TO THE INTERSTATE COMMISSION CREATED BY THIS ARTICLE.
  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  U.S.  VIRGIN  ISLANDS,
GUAM,  AMERICAN  SAMOA, THE NORTHERN MARIANAS ISLANDS AND ANY OTHER U.S.
TERRITORY. SUCH TERM DOES NOT INCLUDE ANY FACILITY  USED  PRIMARILY  FOR
CIVIL WORKS, RIVERS AND HARBORS PROJECTS, OR FLOOD CONTROL PROJECTS.
  11.  "NON-MEMBER STATE" MEANS A STATE THAT HAS NOT ENACTED LEGISLATION
AS PRESCRIBED BY SUBDIVISION NINE OF THIS SECTION.
  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 EIGHT HUNDRED SIXTY OF THIS ARTICLE THAT
IS OF GENERAL APPLICABILITY,  IMPLEMENTS,  INTERPRETS  OR  PRESCRIBES  A
POLICY  OR  PROVISION OF THIS ARTICLE, 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 AMEND-
MENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
  14. "SENDING STATE" MEANS THE STATE FROM WHICH A CHILD OF  A  MILITARY
FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
  15. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  THE  COMMONWEALTH  OF  PUERTO RICO, THE U.S. VIRGIN ISLANDS, GUAM,
AMERICAN SAMOA, THE NORTHERN MARINAS ISLANDS AND ANY OTHER U.S.   TERRI-
TORY.
  16.  "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.
  17. "TRANSITION" MEANS:
  (A) THE FORMAL AND PHYSICAL PROCESS OF  TRANSFERRING  FROM  SCHOOL  TO
SCHOOL; 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 SERVICES" MEANS THE ARMY, NAVY, AIR FORCE, MARINE CORPS
AND COAST GUARD AS WELL AS THE COMMISSIONED CORPS OF THE NATIONAL OCEAN-
IC 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  851.  APPLICABILITY. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
TWO OF THIS SECTION, THIS ARTICLE SHALL APPLY TO THE CHILDREN OF:
  (A) ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES AS DEFINED  IN  THIS
ARTICLE,  INCLUDING  MEMBERS OF THE NATIONAL GUARD AND RESERVE ON ACTIVE
DUTY ORDERS PURSUANT TO 10 U.S.C. SECTION 1209 AND 1211;

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  (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 ARTICLE SHALL ONLY APPLY TO LOCAL EDUCATION
AGENCIES AS DEFINED IN THIS ARTICLE.
  3. THE PROVISIONS OF THIS ARTICLE 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 852. EDUCATIONAL RECORDS AND ENROLLMENT. 1. UNOFFICIAL OR "HAND-CAR-
RIED"  EDUCATIONAL  RECORDS.  IN  THE  EVENT  THAT  OFFICIAL EDUCATIONAL
RECORDS CANNOT BE RELEASED TO THE PARENT OR PARENTS FOR THE  PURPOSE  OF
TRANSFER,  THE  CUSTODIAN  OF  THE  RECORDS  IN  THE SENDING STATE SHALL
PREPARE AND FURNISH TO THE PARENT OR PARENTS A COMPLETE SET  OF  UNOFFI-
CIAL EDUCATIONAL RECORDS CONTAINING UNIFORM INFORMATION AS DETERMINED BY
THE  INTERSTATE  COMMISSION.  UPON RECEIPT OF THE UNOFFICIAL EDUCATIONAL
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.  OFFICIAL  EDUCATIONAL  RECORDS/TRANSCRIPTS.  SIMULTANEOUS WITH THE
ENROLLMENT AND CONDITIONAL PLACEMENT OF THE STUDENT, THE SCHOOL  IN  THE
RECEIVING  STATE SHALL REQUEST THE STUDENT'S OFFICIAL EDUCATIONAL 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 EDUCA-
TIONAL  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.
  3. 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.
  4.  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 EDUCATIONAL AGENCY IN THE SENDING STATE AT THE TIME  OF  TRANSI-
TION, REGARDLESS OF AGE. A STUDENT THAT HAS SATISFACTORILY COMPLETED THE
PREREQUISITE  GRADE LEVEL IN THE LOCAL EDUCATIONAL 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 ACCRED-
ITED SCHOOL IN THE SENDING STATE.
  S 853. PLACEMENT AND ATTENDANCE. 1. COURSE PLACEMENT. WHEN THE STUDENT
TRANSFERS BEFORE OR DURING THE SCHOOL YEAR, THE RECEIVING  STATE  SCHOOL

A. 7976                             5

SHALL  INITIALLY  HONOR  PLACEMENT OF THE STUDENT IN EDUCATIONAL COURSES
BASED ON THE STUDENT'S ENROLLMENT IN THE  SENDING  STATE  SCHOOL  AND/OR
EDUCATIONAL  ASSESSMENTS CONDUCTED AT THE SCHOOL IN THE SENDING STATE IF
THE COURSES ARE OFFERED. COURSE PLACEMENT INCLUDES BUT IS NOT LIMITED TO
HONORS,  INTERNATIONAL  BACCALAUREATE,  ADVANCED  PLACEMENT, VOCATIONAL,
TECHNICAL AND CAREER PATHWAYS COURSES. CONTINUING THE STUDENT'S ACADEMIC
PROGRAM FROM THE PREVIOUS SCHOOL AND PROMOTING PLACEMENT IN ACADEMICALLY
AND CAREER CHALLENGING COURSES  SHOULD  BE  PARAMOUNT  WHEN  CONSIDERING
PLACEMENT. THIS DOES NOT PRECLUDE THE SCHOOL IN THE RECEIVING STATE FROM
PERFORMING  SUBSEQUENT  EVALUATIONS  TO ENSURE APPROPRIATE PLACEMENT AND
CONTINUED ENROLLMENT OF THE STUDENT IN THE COURSE OR COURSES.
  2. 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  SEND-
ING  STATE  OR  PARTICIPATION/PLACEMENT  IN LIKE PROGRAMS IN THE SENDING
STATE.  SUCH PROGRAMS INCLUDE, BUT ARE NOT LIMITED TO:
  (A) GIFTED AND TALENTED PROGRAMS; AND
  (B) ENGLISH AS A SECOND LANGUAGE (ESL).
  THIS DOES NOT PRECLUDE THE SCHOOL IN THE RECEIVING STATE FROM PERFORM-
ING SUBSEQUENT  EVALUATIONS  TO  ENSURE  APPROPRIATE  PLACEMENT  OF  THE
STUDENT.
  3.  SPECIAL  EDUCATION  SERVICES.  (A)  IN COMPLIANCE WITH THE FEDERAL
REQUIREMENTS OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT  (IDEA),
20  U.S.C.A.  SECTION  1400  ET SEQ, THE RECEIVING STATE SHALL INITIALLY
PROVIDE COMPARABLE SERVICES TO A  STUDENT  WITH  DISABILITIES  BASED  ON
HIS/HER CURRENT INDIVIDUALIZED EDUCATION PROGRAM (IEP); AND
  (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
SECTION  504  OR  A  FEDERAL  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 APPRO-
PRIATE PLACEMENT OF THE STUDENT.
  4. PLACEMENT  FLEXIBILITY.  LOCAL  EDUCATIONAL  AGENCY  ADMINISTRATIVE
OFFICIALS  SHALL  HAVE  FLEXIBILITY  IN WAIVING COURSE/PROGRAM PREREQUI-
SITES, OR OTHER PRECONDITIONS FOR PLACEMENT IN COURSES/PROGRAMS  OFFERED
UNDER THE JURISDICTION OF THE LOCAL EDUCATIONAL AGENCY.
  5. ABSENCE AS RELATED TO DEPLOYMENT ACTIVITIES. A STUDENT WHOSE PARENT
OR LEGAL GUARDIAN IS AN ACTIVE DUTY MEMBER OF THE UNIFORMED SERVICES, AS
DEFINED  BY  THIS  ARTICLE, 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 854. ELIGIBILITY. 1. ELIGIBILITY FOR ENROLLMENT.
  (A) SPECIAL POWER OF ATTORNEY, RELATIVE TO THE GUARDIANSHIP OF A CHILD
OF A MILITARY FAMILY AND EXECUTED UNDER APPLICABLE LAW SHALL  BE  SUFFI-
CIENT  FOR  THE  PURPOSES  OF ENROLLMENT AND ALL OTHER ACTIONS REQUIRING
PARENTAL PARTICIPATION AND CONSENT.
  (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 WHO LIVES
IN A JURISDICTION OTHER THAN THAT OF THE CUSTODIAL PARENT.

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  (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  IN WHICH HE OR SHE WAS ENROLLED WHILE RESIDING WITH
THE CUSTODIAL PARENT.
  2.  ELIGIBILITY  FOR  EXTRACURRICULAR  PARTICIPATION.  STATE AND LOCAL
EDUCATIONAL 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.
  S 855. 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. WAIVER REQUIREMENTS. LOCAL EDUCATIONAL AGENCY ADMINISTRATIVE  OFFI-
CIALS  SHALL  WAIVE  SPECIFIC COURSES REQUIRED FOR GRADUATION IF SIMILAR
COURSEWORK HAS BEEN SATISFACTORILY COMPLETED  IN  ANOTHER  LOCAL  EDUCA-
TIONAL  AGENCY  OR  SHALL  PROVIDE  REASONABLE JUSTIFICATION FOR DENIAL.
SHOULD A WAIVER NOT BE GRANTED TO A STUDENT WHO WOULD QUALIFY TO  GRADU-
ATE  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. EXIT EXAMS. STATES SHALL ACCEPT: (A) EXIT  OR  END-OF-COURSE  EXAMS
REQUIRED FOR GRADUATION FROM THE SENDING STATE;
  (B) NATIONAL NORM-REFERENCED ACHIEVEMENT TESTS; OR
  (C)  ALTERNATIVE  TESTING,  IN LIEU OF TESTING REQUIREMENTS FOR GRADU-
ATION 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 SUBDIVISION THREE OF THIS SECTION SHALL APPLY.
  3. TRANSFERS DURING SENIOR YEAR.  SHOULD  A  MILITARY  STUDENT  TRANS-
FERRING  AT THE BEGINNING OR DURING HIS OR HER SENIOR YEAR BE INELIGIBLE
TO GRADUATE FROM THE RECEIVING LOCAL EDUCATIONAL AGENCY AFTER ALL ALTER-
NATIVES HAVE BEEN CONSIDERED, THE SENDING  AND  RECEIVING  LOCAL  EDUCA-
TIONAL  AGENCIES  SHALL ENSURE THE RECEIPT OF A DIPLOMA FROM THE SENDING
LOCAL EDUCATIONAL AGENCY, IF THE STUDENT MEETS THE  GRADUATION  REQUIRE-
MENTS  OF THE SENDING LOCAL EDUCATIONAL AGENCY. IN THE EVENT THAT ONE OF
THE STATES IN QUESTION IS NOT A MEMBER STATE, THE MEMBER STATE SHALL USE
ITS BEST EFFORTS TO FACILITATE THE ON-TIME GRADUATION OF THE STUDENT  IN
ACCORDANCE WITH THIS SECTION.
  S  856.  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 ARTICLE AND INTERSTATE  COMMISSION  ACTIV-
ITIES.  WHILE  EACH MEMBER STATE MAY DETERMINE THE MEMBERSHIP OF ITS OWN
STATE COUNCIL, ITS MEMBERSHIP MUST INCLUDE AT LEAST:  THE  STATE  SUPER-
INTENDENT  OF EDUCATION, SUPERINTENDENT OF A SCHOOL DISTRICT WITH A HIGH
CONCENTRATION OF MILITARY CHILDREN, A  REPRESENTATIVE  FROM  A  MILITARY
INSTALLATION, ONE REPRESENTATIVE EACH FROM THE LEGISLATIVE AND EXECUTIVE
BRANCHES  OF  GOVERNMENT,  AND  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 CHIL-
DREN MAY APPOINT A SUPERINTENDENT FROM ANOTHER SCHOOL DISTRICT TO REPRE-
SENT LOCAL EDUCATIONAL AGENCIES ON THE STATE COUNCIL.
  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 ARTICLE.

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  3. THE COMPACT COMMISSIONER RESPONSIBLE  FOR  THE  ADMINISTRATION  AND
MANAGEMENT  OF  THE STATE'S PARTICIPATION PURSUANT TO THIS ARTICLE 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 IN THIS SECTION SHALL BE  EX-OFFICIO  MEMBERS  OF  THE  STATE
COUNCIL,  UNLESS  EITHER  IS  ALREADY  A FULL VOTING MEMBER OF THE STATE
COUNCIL.
  S 857. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY  FOR  MILITARY
CHILDREN.  THE  DEPARTMENT  HEREBY CREATES 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  IN  THIS
SECTION,  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 ARTICLE.
  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 FAMILIES.
  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 THIS ARTICLE INCLUDING
ENFORCEMENT AND COMPLIANCE WITH THE  PROVISIONS  OF  THIS  ARTICLE,  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.

A. 7976                             8

  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
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  THIS ARTICLE. 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 ARTICLE 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, INSOFAR 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.
  10.  SHALL  CREATE  A  PROCESS THAT PERMITS MILITARY OFFICIALS, EDUCA-
TIONAL OFFICIALS  AND PARTNERS TO INFORM THE  INTERSTATE  COMMISSION  IF
AND  WHEN  THERE  ARE ALLEGED VIOLATIONS OF THIS ARTICLE OR ITS RULES OR
WHEN ISSUES SUBJECT TO THE JURISDICTION OF THIS ARTICLE 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
INTERSTATE COMMISSION OR ANY MEMBER STATE.
  S 858. 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 ARTICLE. THE RULES

A. 7976                             9

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
ARTICLE.
  3.  TO  ISSUE,  UPON  REQUEST  OF  A  MEMBER  STATE, ADVISORY OPINIONS
CONCERNING THE MEANING OR INTERPRETATION OF THE  INTERSTATE  COMMISSION,
ITS BYLAWS, RULES AND ACTIONS.
  4.  TO  ENFORCE  COMPLIANCE  WITH  THE PROVISIONS OF THIS ARTICLE, 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 SERVICES OF PERSONNEL.
  8. TO ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED  TO,
AN  EXECUTIVE COMMITTEE AS REQUIRED BY SUBDIVISION FIVE OF SECTION EIGHT
HUNDRED FIFTY-SEVEN OF THIS ARTICLE, WHICH SHALL HAVE THE POWER  TO  ACT
ON  BEHALF  OF  THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND
DUTIES UNDER THIS ARTICLE.
  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
THIS ARTICLE, 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 ARTICLE.
  20.  TO  PROVIDE FOR THE UNIFORM COLLECTION AND SHARING OF INFORMATION
BETWEEN AND AMONG MEMBER STATES, SCHOOLS  AND  MILITARY  FAMILIES  UNDER
THIS ARTICLE.
  S 859. 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 MEET-
ING, ADOPT BYLAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR APPROPRI-

A. 7976                            10

ATE TO CARRY OUT THE PURPOSES OF THIS ARTICLE, INCLUDING, BUT NOT LIMIT-
ED TO:
  (A) ESTABLISHING THE FISCAL YEAR OF THE INTERSTATE COMMISSION;
  (B)  ESTABLISHING AN EXECUTIVE COMMITTEE, AND SUCH OTHER COMMITTEES AS
MAY BE NECESSARY;
  (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 INTERSTATE COMMISSION AFTER THE PAYMENT AND RESERVING
OF ALL OF ITS DEBTS AND OBLIGATIONS; AND
  (G) PROVIDING "START UP"  RULES  FOR  INITIAL  ADMINISTRATION  OF  THE
INTERSTATE COMMISSION.
  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.  EXECUTIVE  COMMITTEE,  OFFICERS  AND  PERSONNEL. (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-

A. 7976                            11

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
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 PARAGRAPH 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  860. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION. 1. RULEMAK-
ING AUTHORITY. THE INTERSTATE  COMMISSION  SHALL  PROMULGATE  REASONABLE
RULES  IN  ORDER  TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES OF
THIS ARTICLE. 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 THE POWERS  GRANTED  UNDER
THIS  ARTICLE, THEN SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE
INVALID AND HAVE NO FORCE OR EFFECT.
  2. RULEMAKING PROCEDURE. RULES SHALL BE MADE PURSUANT TO A  RULEMAKING
PROCESS THAT SUBSTANTIALLY CONFORMS TO ARTICLE TWO OF THE STATE ADMINIS-
TRATIVE  PROCEDURE  ACT  AS  AMENDED, AS MAY BE APPROPRIATE TO THE OPER-
ATIONS 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

A. 7976                            12

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 MEMBER STATES REJECTS A RULE
BY ENACTMENT OF A STATUTE OR RESOLUTION, THEN SUCH RULE  SHALL  HAVE  NO
FURTHER FORCE AND EFFECT IN ANY MEMBER STATE.
  S  861.  OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION. 1. OVERSIGHT.
(A) THE EXECUTIVE, LEGISLATIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT
IN EACH MEMBER STATE SHALL ENFORCE  THIS  ARTICLE  AND  SHALL  TAKE  ALL
ACTIONS  NECESSARY AND APPROPRIATE TO EFFECTUATE THIS ARTICLE'S PURPOSES
AND INTENT. THE PROVISIONS OF THIS ARTICLE  AND  THE  RULES  PROMULGATED
UNDER THIS ARTICLE SHALL HAVE STANDING AS STATUTORY LAW.
  (B)  ALL  COURTS  SHALL  TAKE  JUDICIAL NOTICE OF THIS ARTICLE AND THE
RULES IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING  IN  A  MEMBER  STATE
PERTAINING  TO  THE  SUBJECT MATTER OF THIS ARTICLE WHICH MAY AFFECT THE
POWERS, RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
  (C) 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 JUDGEMENT OR ORDER  VOID
AS TO THE INTERSTATE COMMISSION, THIS ARTICLE OR PROMULGATED RULES.
  2.  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 ARTI-
CLE, 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 INTERSTATE COMMISSION UPON AN AFFIR-
MATIVE VOTE OF A MAJORITY OF THE MEMBER STATES AND  ALL  RIGHTS,  PRIVI-
LEGES  AND  BENEFITS  CONFERRED BY THIS ARTICLE 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 INTERSTATE  COMMIS-
SION  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 INTERSTATE COMMISSION, UNLESS OTHERWISE  MUTUALLY
AGREED  UPON  IN  WRITING  BETWEEN  THE  INTERSTATE  COMMISSION  AND THE
DEFAULTING STATE.

A. 7976                            13

  (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. DISPUTE RESOLUTION. (A) THE INTERSTATE  COMMISSION  SHALL  ATTEMPT,
UPON  THE  REQUEST  OF  A  MEMBER  STATE,  TO RESOLVE DISPUTES WHICH ARE
SUBJECT TO THIS ARTICLE 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.
  4. ENFORCEMENT. (A) THE INTERSTATE COMMISSION, IN THE REASONABLE EXER-
CISE  OF  ITS DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS
ARTICLE.
  (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 THIS ARTICLE,
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 PROVIDED IN THIS SECTION 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.
  S 862. 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 863. WITHDRAWAL AND DISSOLUTION. 1.  WITHDRAWAL. (A) ONCE EFFECTIVE,
MEMBERSHIP SHALL CONTINUE IN FORCE AND  REMAIN  BINDING  UPON  EACH  AND
EVERY  MEMBER  STATE;  PROVIDED  THAT  A  MEMBER STATE MAY WITHDRAW FROM

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MEMBERSHIP BY SPECIFICALLY REPEALING  THE  STATUTE,  WHICH  ENACTED  THE
STATE'S MEMBERSHIP.
  (B)  WITHDRAWAL FROM MEMBERSHIP 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 WITH-
DRAWAL HAS BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR  OF  EACH
OTHER MEMBER JURISDICTION.
  (C)  THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF
THE INTERSTATE COMMISSION IN WRITING UPON  THE  INTRODUCTION  OF  LEGIS-
LATION  REPEALING  THIS ARTICLE 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.
  (D)  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.
  (E) REINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER STATE  SHALL  OCCUR
UPON  THE WITHDRAWING STATE REENACTING ITS MEMBERSHIP OR UPON SUCH LATER
DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
  2. DISSOLUTION OF MEMBERSHIP.  (A) THIS ARTICLE SHALL DISSOLVE  EFFEC-
TIVE  UPON  THE  DATE  OF  THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE
WHICH REDUCES THE MEMBERSHIP TO ONE MEMBER STATE.
  (B) UPON THE DISSOLUTION OF MEMBERSHIP, THIS ARTICLE 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.
  S  864. SEVERABILITY AND CONSTRUCTION. 1. THE PROVISIONS OF THIS ARTI-
CLE SHALL BE SEVERABLE, AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION
IS DEEMED UNENFORCEABLE, THE REMAINING PROVISIONS OF THIS ARTICLE  SHALL
BE ENFORCEABLE.
  2.  THE  PROVISIONS  OF  THIS  ARTICLE SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE ITS PURPOSES.
  3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT THE APPLICA-
BILITY OF OTHER INTERSTATE MEMBERSHIPS TO WHICH THE STATE BELONGS.
  S 865. BINDING EFFECT. 1. OTHER LAWS.  (A)  NOTHING  IN  THIS  ARTICLE
PREVENTS  THE ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS NOT
INCONSISTENT WITH THIS ARTICLE.
  (B) ALL MEMBER STATES' LAWS CONFLICTING WITH THIS ARTICLE  ARE  SUPER-
SEDED TO THE EXTENT OF THE CONFLICT.
  2.  BINDING  EFFECT  OF  THIS  ARTICLE.  (A) ALL LAWFUL ACTIONS OF THE
INTERSTATE COMMISSION, INCLUDING ALL RULES AND BYLAWS PROMULGATED BY THE
INTERSTATE COMMISSION, ARE BINDING UPON THE MEMBER STATES.
  (B) ALL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION  AND  THE  MEMBER
STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
  (C)  IN  THE EVENT ANY PROVISION OF THIS ARTICLE 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 3.  This act shall take effect upon the enactment  into  law  by  at
least  ten  other  states of legislation having an identical effect with
this act, but if at least ten other states shall  have  already  enacted
such  legislation, this act shall take effect immediately; provided that
the commissioner of education shall notify the legislative bill drafting
commission upon the occurrence  of  the  enactment  of  the  legislation
provided for in section two of this act in order that the commission may
maintain an accurate and timely effective data base of the official text

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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.