senate Bill S1213A

2013-2014 Legislative Session

Enacts the interstate compact on educational opportunity for military children

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to education
delivered to assembly
passed senate
Jun 11, 2014 ordered to third reading cal.1311
committee discharged and committed to rules
Mar 24, 2014 print number 1213a
amend and recommit to education
Jan 08, 2014 referred to education
returned to senate
died in assembly
Jun 13, 2013 referred to education
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1305
committee discharged and committed to rules
May 07, 2013 reported and committed to finance
Jan 09, 2013 referred to education

Votes

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Jun 11, 2014 - Rules committee Vote

S1213A
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
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Jun 17, 2013 - Rules committee Vote

S1213
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 12, 2013 - Rules committee Vote

S1213
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

May 7, 2013 - Education committee Vote

S1213
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S1213 - Bill Details

See Assembly Version of this Bill:
A5787A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 66 §§3300 - 3318, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2538A, A2141A
2009-2010: S5805, A8288A

S1213 - Bill Texts

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Enacts the interstate compact on educational opportunity for military children, allowing children of military families to achieve educational success by facilitating smoother transfers between schools due to relocation of active duty soldiers with school-aged children in their household.

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BILL NUMBER:S1213

TITLE OF BILL:
An act
to amend the education law, in relation to enacting the interstate
compact on educational opportunity for military children

PURPOSE OR GENERAL IDEA OF BILL: 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

JUSTIFICATION: Military families move between
postings on a regular
basis. While reassignments can often be a boon for career personnel,
they usually play havoc with the children of military families --
losing and making new friends, adjusting to new cities and bases and
changing schools. While the armed services has taken great leaps to
ease the transition of personnel, their spouses and, most
importantly, children, much remains to be done at the state and local
levels to ensure that the children of military families are afforded
that same opportunities for educational success as other children and
are not penalized or delayed in achieving their educational goals by
inflexible administrative and bureaucratic practices.

The average military student faces transition challenges more than
twice during high school and most military children will have six to
nine different school systems in their lives from kindergarten to
12th grade. With more than half of all military personnel supporting
families, the impacts of reassignment and long deployments are a key
consideration when making long-term life choices.

Specific impacts on military children include: 1. Transfer of records
2. Course sequencing
3. Graduation requirements 4. Exclusion from extracurricular
activities 5. Redundant or missed entrance/exit testing 6.
Kindergarten and First Grade entrance age variations, and 7. Power of
custodial parents while parents are deployed.

The new Interstate Compact on Educational Opportunity for Military
Children addresses these issues as well as compact enforcement,
administration, finances, communications, data sharing and training.
The new compact establishes an independent compact operating
authority, The Interstate Commission, which will be positioned to
address future interstate problems and issues as they arise. The
development of interstate and intrastate solutions to these issues is
of paramount importance to military families. While armed services
personnel are serving our country, their children may, more often
than not, be adversely affected by these and other
educational policies. While many states and communities have responded
on an ad hoc basis to ease the shift of military children, no
comprehensive policy approach exists to improve the long term
educational transitions and outcomes of this constituency.


PRIOR LEGISLATIVE HISTORY:
2010 - S.5805/A.8288-A -- PASSED SENATE/Education 2011-2012 -
S.2538-A/A.2141-A - PASSED SENATE/Education

FISCAL IMPLICATIONS: New York as
a member of the
compact will share in the expenses of the Commission established to
oversee its implementation. The Commission may levy on and collect an
annual assessment from each member state to cover the costs of the
Commission. Amount to be determined according to number of
participating states.

EFFECTIVE DATE: This bill will take effect immediately.

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

                                  1213

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO, LARKIN -- 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

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05149-01-3

S. 1213                             2

        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
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  EDUCATION  AGENCY,  INCLUDING BUT NOT LIMITED TO
RECORDS ENCOMPASSING ALL THE MATERIAL KEPT IN THE  STUDENT'S  CUMULATIVE
FOLDER  SUCH  AS  GENERAL IDENTIFYING DATA, RECORDS OF ATTENDANCE AND OF
ACADEMIC WORK COMPLETED, RECORDS OF ACHIEVEMENT AND RESULTS  OF  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 EDUCATION AGENCY OR AN ORGANIZATION SANCTIONED BY
THE  LOCAL EDUCATION AGENCY. EXTRACURRICULAR ACTIVITIES INCLUDE, BUT ARE

S. 1213                             3

NOT LIMITED TO, PREPARATION FOR AN INVOLVEMENT IN  PUBLIC  PERFORMANCES,
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 EDUCATION 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 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,  AND
HAS  THE  FORCE  AND  EFFECT  OF  STATUTORY  LAW  IN A MEMBER STATE, AND
INCLUDES THE AMENDMENT, 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 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
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 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:

S. 1213                             4

  (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
EDUCATION 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
EDUCATIONAL RECORDS CONTAINING UNIFORM INFORMATION AS DETERMINED BY  THE
INTERSTATE  COMMISSION. UPON RECEIPT OF THE UNOFFICIAL EDUCATION RECORDS
BY A SCHOOL IN THE RECEIVING STATE, THE SCHOOL SHALL ENROLL  AND  APPRO-
PRIATELY  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-
ING  STATE  WITHIN  TEN DAYS OR WITHIN SUCH TIME AS IS REASONABLY DETER-
MINED UNDER THE RULES PROMULGATED BY THE INTERSTATE COMMISSION.
  3. COMPACTING STATES SHALL GIVE THIRTY DAYS FROM THE DATE  OF  ENROLL-
MENT  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 IMMUNIZA-
TIONS, INITIAL VACCINATIONS MUST BE OBTAINED WITHIN THIRTY DAYS OR WITH-
IN  SUCH TIME AS IS REASONABLY DETERMINED UNDER THE RULES PROMULGATED BY
THE INTERSTATE COMMISSION.
  4. STUDENTS SHALL BE ALLOWED TO CONTINUE  THEIR  ENROLLMENT  AT  GRADE
LEVEL  IN  THE  RECEIVING  STATE  COMMENSURATE  WITH  THEIR GRADE LEVEL,
INCLUDING KINDERGARTEN, FROM A LOCAL EDUCATION  AGENCY  IN  THE  SENDING
STATE  AT  THE TIME OF TRANSITION, REGARDLESS OF AGE. A STUDENT THAT HAS
SATISFACTORILY COMPLETED THE  PREREQUISITE  GRADE  LEVEL  IN  THE  LOCAL
EDUCATION  AGENCY  IN THE SENDING STATE SHALL BE ELIGIBLE FOR ENROLLMENT
IN THE NEXT HIGHEST GRADE LEVEL IN THE RECEIVING  STATE,  REGARDLESS  OF
AGE.  A  STUDENT  TRANSFERRING AFTER THE START OF THE SCHOOL YEAR IN THE
RECEIVING STATE SHALL ENTER THE SCHOOL IN THE RECEIVING STATE  ON  THEIR
VALIDATED LEVEL FROM AN ACCREDITED SCHOOL IN THE SENDING STATE.
  S 3305. PLACEMENT AND ATTENDANCE. 1. WHEN THE STUDENT TRANSFERS BEFORE
OR  DURING  THE  SCHOOL YEAR, THE RECEIVING STATE SCHOOL SHALL INITIALLY

S. 1213                             5

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 PLACE-
MENT. 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. SUCH PROGRAMS  INCLUDE,  BUT  ARE
NOT  LIMITED  TO,  GIFTED  AND TALENTED PROGRAMS AND ENGLISH AS A SECOND
LANGUAGE. THIS DOES NOT PRECLUDE THE SCHOOL IN THE RECEIVING STATE  FROM
PERFORMING SUBSEQUENT EVALUATIONS TO ENSURE APPROPRIATE PLACEMENT OF THE
STUDENT.
  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
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  EDUCATION 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 EDUCATION 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  EDUCATION
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) SPECIAL POWER OF  ATTORNEY,  RELATIVE  TO
THE  GUARDIANSHIP  OF  A  CHILD  OF A MILITARY FAMILY AND EXECUTED UNDER
APPLICABLE LAW SHALL BE SUFFICIENT FOR THE PURPOSES  OF  ENROLLMENT  AND
ALL OTHER ACTIONS REQUIRING PARENTAL PARTICIPATION AND CONSENT.
  (B)  A  LOCAL EDUCATION AGENCY SHALL BE PROHIBITED FROM CHARGING LOCAL
TUITION TO A TRANSITIONING MILITARY  CHILD  PLACED  IN  THE  CARE  OF  A
NON-CUSTODIAL PARENT OR OTHER PERSON STANDING IN LOCO PARENTIS WHO LIVES
IN A JURISDICTION OTHER THAN THAT OF THE CUSTODIAL PARENT.
  (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

S. 1213                             6

ATTEND  THE  SCHOOL  IN WHICH HE OR SHE WAS ENROLLED WHILE RESIDING WITH
THE CUSTODIAL PARENT.
  2. STATE AND LOCAL EDUCATION AGENCIES SHALL FACILITATE THE OPPORTUNITY
FOR  TRANSITIONING  MILITARY  CHILDREN'S  INCLUSION  IN  EXTRACURRICULAR
ACTIVITIES, REGARDLESS OF APPLICATION DEADLINES, TO THE EXTENT THEY  ARE
OTHERWISE QUALIFIED.
  S  3307.  GRADUATION. IN ORDER TO FACILITATE THE ON-TIME GRADUATION OF
CHILDREN OF MILITARY FAMILIES, STATES AND LOCAL EDUCATION AGENCIES SHALL
INCORPORATE THE FOLLOWING PROCEDURES:
  1. LOCAL EDUCATION AGENCY ADMINISTRATIVE OFFICIALS SHALL WAIVE SPECIF-
IC COURSES REQUIRED FOR GRADUATION IF SIMILAR COURSEWORK HAS BEEN SATIS-
FACTORILY COMPLETED IN ANOTHER LOCAL EDUCATION AGENCY OR  SHALL  PROVIDE
REASONABLE JUSTIFICATION FOR DENIAL. SHOULD A WAIVER NOT BE GRANTED TO A
STUDENT WHO WOULD QUALIFY TO GRADUATE FROM THE SENDING SCHOOL, THE LOCAL
EDUCATION  AGENCY  SHALL  PROVIDE  AN  ALTERNATIVE  MEANS  OF  ACQUIRING
REQUIRED COURSEWORK SO THAT GRADUATION MAY OCCUR ON TIME.
  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 EDUCATION AGENCY AFTER ALL ALTERNATIVES HAVE BEEN CONSIDERED,  THE
SENDING  AND RECEIVING LOCAL EDUCATION AGENCIES SHALL ENSURE THE RECEIPT
OF A DIPLOMA FROM THE SENDING LOCAL EDUCATION  AGENCY,  IF  THE  STUDENT
MEETS THE GRADUATION REQUIREMENTS OF THE SENDING LOCAL EDUCATION AGENCY.
IN  THE EVENT THAT ONE OF THE STATES IN QUESTION IS NOT A MEMBER OF THIS
COMPACT, THE MEMBER STATE SHALL  USE  BEST  EFFORTS  TO  FACILITATE  THE
ON-TIME  GRADUATION  OF  THE STUDENT IN ACCORDANCE WITH 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 EDUCATION
AGENCIES AND MILITARY INSTALLATIONS CONCERNING THE STATE'S PARTICIPATION
IN, AND COMPLIANCE WITH, THIS COMPACT 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,  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 EDUCATION 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 COMPACT.
  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.

S. 1213                             7

  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, AND
SUCH ADDITIONAL POWERS AS MAY BE  CONFERRED  UPON  IT  BY  A  SUBSEQUENT
CONCURRENT ACTION OF THE RESPECTIVE LEGISLATURES OF THE MEMBER STATES IN
ACCORDANCE WITH THE TERMS OF THIS COMPACT.
  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 EDUCATION AGENCY OFFI-
CIALS,  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. 1213                             8

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.
  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 EDUCATION AGENCY. THIS SECTION SHALL NOT
BE  CONSTRUED TO CREATE A PRIVATE RIGHT OF ACTION AGAINST THE INTERSTATE
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. THE RULES
SHALL HAVE THE FORCE AND EFFECT OF STATUTORY LAW AND SHALL BE BINDING IN
THE  COMPACT  STATES  TO  THE  EXTENT AND IN THE MANNER PROVIDED IN THIS
COMPACT.

S. 1213                             9

  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.
  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.
  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;

S. 1213                            10

  (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 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 ANY ACTION TAKEN REASONABLY AND IN GOOD FAITH WHICH
RESULTS  IN  SUIT  AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL
CAPACITY, FOR A CLAIM FOR DAMAGE TO OR  LOSS  OF  PROPERTY  OR  PERSONAL
INJURY  OR OTHER CIVIL LIABILITY CAUSED OR ARISING OUT OF OR RELATING TO
AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED, OR THAT SUCH
PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN  THE  SCOPE
OF   INTERSTATE  COMMISSION  EMPLOYMENT,  DUTIES,  OR  RESPONSIBILITIES;
PROVIDED, THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR LIABILITY

S. 1213                            11

FOR DAMAGE, LOSS, INJURY, OR LIABILITY  CAUSED  BY  THE  INTENTIONAL  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 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 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.

S. 1213                            12

  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  3313.  OVERSIGHT,  ENFORCEMENT,  AND DISPUTE RESOLUTION. 1. (A) THE
EXECUTIVE, LEGISLATIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT IN EACH
MEMBER STATE SHALL ENFORCE THIS  COMPACT  AND  SHALL  TAKE  ALL  ACTIONS
NECESSARY  AND  APPROPRIATE  TO  EFFECTUATE  THE  COMPACT'S PURPOSES AND
INTENT. THE PROVISIONS OF THIS COMPACT AND THE RULES  PROMULGATED  HERE-
UNDER SHALL HAVE STANDING AS STATUTORY LAW.
  (B) ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN  ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE PERTAIN-
ING TO THE SUBJECT MATTER OF THIS COMPACT 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 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

S. 1213                            13

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.
  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-

S. 1213                            14

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. (A) 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.
  (B)  WITHDRAWAL FROM THIS COMPACT SHALL BE BY THE ENACTMENT OF A STAT-
UTE 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 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.
  (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 THE COMPACT  OR  UPON  SUCH  LATER
DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
  2.  (A)  THIS  COMPACT  SHALL  DISSOLVE EFFECTIVE UPON THE DATE OF THE
WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES  THE  MEMBERSHIP
IN THE COMPACT TO ONE MEMBER STATE.
  (B) UPON THE DISSOLUTION OF THIS COMPACT, THE COMPACT BECOMES NULL AND
VOID  AND  SHALL  BE OF NO FURTHER FORCE OR EFFECT, AND THE BUSINESS AND
AFFAIRS OF THE INTERSTATE COMMISSION  SHALL  BE  CONCLUDED  AND  SURPLUS
FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
  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. (A) NOTHING HERE-
IN  PREVENTS  THE ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS
NOT INCONSISTENT WITH THIS COMPACT.
  (B) ALL MEMBER STATES' LAWS CONFLICTING WITH THIS COMPACT  ARE  SUPER-
SEDED TO THE EXTENT OF THE CONFLICT.
  2.  (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 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. 1213                            15

  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.

Co-Sponsors

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S1213A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5787A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 66 §§3300 - 3318, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2538A, A2141A
2009-2010: S5805, A8288A

S1213A (ACTIVE) - Bill Texts

view summary

Enacts the interstate compact on educational opportunity for military children, allowing children of military families to achieve educational success by facilitating smoother transfers between schools due to relocation of active duty soldiers with school-aged children in their household.

view sponsor memo
BILL NUMBER:S1213A

TITLE OF BILL: An act to amend the education law, in relation to
enacting the interstate compact on educational opportunity for
military children

PURPOSE OR GENERAL IDEA OF BILL:

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

JUSTIFICATION:

Military families move between postings on a regular basis. While
reassignments can often be a boon for career personnel, they usually
play havoc with the children of military families -- losing and making
new friends, adjusting to new cities and bases and changing schools.
While the armed services has taken great leaps to ease the transition
of personnel, their spouses and, most importantly, children, much
remains to be done at the state and local levels to ensure that the
children of military families are afforded that same opportunities for
educational success as other children and are not penalized or delayed
in achieving their educational goals by inflexible administrative and
bureaucratic practices.

The average military student faces transition challenges more than
twice during high school and most military children will have six to
nine different school systems in their lives from kindergarten to 12th
grade. With more than half of all military personnel supporting
families, the impacts of reassignment and long deployments are a key
consideration when making long-term life choices.

Specific impacts on military children include: 1. Transfer of records
2. Course sequencing 3. Graduation requirements 4. Exclusion from
extracurricular activities 5. Redundant or missed entrance/exit
testing 6. Kindergarten and First Grade entrance age variations, and
7. Power of custodial parents while parents are deployed.

The new Interstate Compact on Educational Opportunity for Military
Children addresses these issues as well as compact enforcement,
administration, finances, communications, data sharing and training.
The new compact establishes an independent compact operating
authority, The Interstate Commission, which will be positioned to
address future interstate problems and issues as they arise. The
development of interstate and intrastate solutions to these issues is
of paramount importance to military families. While armed services
personnel are serving our country, their children may, more often than
not, be adversely affected by these and other educational policies.
While many states and communities have responded on an ad hoc basis to
ease the shift of military children, no comprehensive policy approach
exists to improve the long term educational transitions and outcomes
of this constituency.

PRIOR LEGISLATIVE HISTORY:

2010 - S.5805/A.8288-A -- PASSED SENATE/Education


2011-2012 - S.2538-A/A.2141-A - PASSED SENATE/Education

FISCAL IMPLICATIONS FISCAL IMPLICATIONS:

New York as a member of the compact will share in the expenses of the
Commission established to oversee its implementation. The Commission
may levy on and collect an annual assessment from each member state to
cover the costs of the Commission. Amount to be determined according
to number of participating students. The current cost to New York
State would be $1 per student or approximately $14,500 per year.

EFFECTIVE DATE:

This bill will take effect immediately.

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

                                 1213--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO, LARKIN, MAZIARZ, O'MARA,
  ZELDIN -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to the Committee on Education -- recommitted to the Commit-
  tee on Education in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to  enacting  the  inter-
  state compact on educational opportunity for military children

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05149-04-4

S. 1213--A                          2

        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.  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
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.  "EDUCATION  RECORDS" OR "EDUCATIONAL RECORDS" MEANS THOSE OFFICIAL
RECORDS, FILES, AND DATA DIRECTLY RELATED TO A STUDENT AND MAINTAINED BY
THE SCHOOL OR LOCAL EDUCATION  AGENCY,  INCLUDING  BUT  NOT  LIMITED  TO
RECORDS  ENCOMPASSING  ALL THE MATERIAL KEPT IN THE STUDENT'S CUMULATIVE
FOLDER SUCH AS GENERAL IDENTIFYING DATA, RECORDS OF  ATTENDANCE  AND  OF
ACADEMIC  WORK  COMPLETED, RECORDS OF ACHIEVEMENT AND RESULTS OF EVALUA-
TIVE TESTS, HEALTH DATA, DISCIPLINARY STATUS, TEST PROTOCOLS, AND  INDI-
VIDUALIZED EDUCATION PROGRAMS.
  4.  "EXTRACURRICULAR  ACTIVITIES" MEANS A VOLUNTARY ACTIVITY SPONSORED
BY THE SCHOOL OR LOCAL EDUCATION AGENCY OR AN ORGANIZATION SANCTIONED BY
THE LOCAL EDUCATION AGENCY. EXTRACURRICULAR ACTIVITIES INCLUDE, BUT  ARE
NOT  LIMITED  TO, PREPARATION FOR AN INVOLVEMENT IN PUBLIC PERFORMANCES,
CONTESTS, ATHLETIC  COMPETITIONS,  DEMONSTRATIONS,  DISPLAYS,  AND  CLUB
ACTIVITIES.
  5.  "LOCAL  EDUCATION 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.
  6.  "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-

S. 1213--A                          3

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.
  7. "RECEIVING DISTRICT" MEANS THE STATE TO WHICH A CHILD OF A MILITARY
FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
  8. "SENDING DISTRICT" MEANS THE STATE FROM WHICH A CHILD OF A MILITARY
FAMILY IS SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
  9.  "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.
  10.  "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.
  11. "TRANSITIONING MILITARY CHILD" MEANS (A) THE FORMAL  AND  PHYSICAL
PROCESS  OF  TRANSFERRING  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.
THE TRANSITIONING PHASE WILL COMMENCE ON THE DAY THAT  THE  CHILD  WITH-
DRAWS FROM THE SENDING STATE AND CONCLUDE ON THE DATE THEY ENROLL AT THE
RECEIVING STATE.
  12.  "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.
  13. "VETERAN" MEANS A PERSON WHO SERVED IN THE UNIFORMED SERVICES  AND
WHO  WAS  DISCHARGED  OR  RELEASED THEREFROM UNDER CONDITIONS OTHER THAN
DISHONORABLE.
  14. "BOARD OF EDUCATION" MEANS THE DULY ELECTED GOVERNING  BODY  OF  A
SCHOOL  DISTRICT/LOCAL  EDUCATION  AGENCY  AS SPECIFIED IN LAW AND REGU-
LATIONS.
  15. "SUPERINTENDENT OF SCHOOLS" MEANS THE CHIEF EXECUTIVE OFFICER OF A
SCHOOL DISTRICT/LOCAL EDUCATION AGENCY AS SPECIFIED  IN  LAW  AND  REGU-
LATIONS.
  16.  "PRINCIPAL"  MEANS  A  SCHOOL  BUILDING  LEVEL ADMINISTRATOR OF A
SCHOOL DISTRICT/LOCAL EDUCATION AGENCY.
  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
EDUCATION 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;

S. 1213--A                          4

  (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
EDUCATIONAL  RECORDS.   UPON RECEIPT OF THE UNOFFICIAL EDUCATION RECORDS
BY A SCHOOL IN THE RECEIVING STATE, THE SCHOOL SHALL ENROLL  AND  APPRO-
PRIATELY  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-
ING STATE WITHIN TEN DAYS.
  3.  PURSUANT  TO  SUBDIVISION  ONE OF SECTION NINE HUNDRED FOURTEEN OF
THIS CHAPTER AND SECTION TWENTY-ONE HUNDRED  SIXTY-FOUR  OF  THE  PUBLIC
HEALTH  LAW,  PARENTS  OF  STUDENTS SHALL PROVIDE PROOF OF IMMUNIZATIONS
WITHIN THIRTY DAYS OF ENROLLMENT.
  4. STUDENTS SHALL BE CONDITIONALLY ALLOWED TO CONTINUE  THEIR  ENROLL-
MENT AT GRADE LEVEL IN THE RECEIVING STATE COMMENSURATE WITH THEIR GRADE
LEVEL,  INCLUDING  KINDERGARTEN,  FROM  A  LOCAL EDUCATION AGENCY IN THE
SENDING STATE AT THE TIME OF TRANSITION, REGARDLESS OF  AGE.  A  STUDENT
THAT  HAS  SATISFACTORILY  COMPLETED THE PREREQUISITE GRADE LEVEL IN THE
LOCAL EDUCATION AGENCY IN  THE  SENDING  STATE  SHALL  BE  ELIGIBLE  FOR
ENROLLMENT  IN  THE  NEXT  HIGHEST  GRADE  LEVEL IN THE RECEIVING STATE,
REGARDLESS OF AGE. A STUDENT TRANSFERRING AFTER THE START OF THE  SCHOOL
YEAR  IN THE RECEIVING STATE SHALL BE CONDITIONALLY ALLOWED TO ENTER THE
SCHOOL IN THE RECEIVING STATE ON THEIR VALIDATED LEVEL FROM  AN  ACCRED-
ITED SCHOOL IN THE SENDING STATE.
  S 3305. PLACEMENT AND ATTENDANCE. 1. WHEN THE STUDENT TRANSFERS BEFORE
OR  DURING  THE  SCHOOL  YEAR,  THE  RECEIVING STATE SCHOOL SHALL CONDI-
TIONALLY 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  RECEIVING  SCHOOL  IF  THE  COURSES  ARE
OFFERED. COURSE PLACEMENT INCLUDES  BUT IS NOT LIMITED TO HONORS, INTER-
NATIONAL  BACCALAUREATE,  ADVANCED  PLACEMENT, VOCATIONAL, TECHNICAL AND
CAREER PATHWAYS COURSES. CONTINUING THE STUDENT'S ACADEMIC PROGRAM  FROM
THE  PREVIOUS  SCHOOL AND PROMOTING PLACEMENT IN ACADEMICALLY AND CAREER
CHALLENGING COURSES SHOULD BE PARAMOUNT WHEN CONSIDERING PLACEMENT. THIS
DOES NOT PRECLUDE THE SCHOOL IN  THE  RECEIVING  STATE  FROM  PERFORMING
SUBSEQUENT  EVALUATIONS  TO  ENSURE  APPROPRIATE PLACEMENT AND CONTINUED
ENROLLMENT OF THE STUDENT IN THE COURSES.
  2. THE RECEIVING STATE SCHOOL SHALL CONDITIONALLY HONOR  PLACEMENT  OF
THE STUDENT IN EDUCATIONAL PROGRAMS BASED ON CURRENT EDUCATIONAL ASSESS-
MENTS    CONDUCTED   AT   THE   SCHOOL   IN   THE   SENDING   STATE   OR
PARTICIPATION/PLACEMENT IN LIKE PROGRAMS  IN  THE  SENDING  STATE.  SUCH
PROGRAMS  INCLUDE,  BUT ARE NOT LIMITED TO, GIFTED AND TALENTED PROGRAMS
AND ENGLISH AS A SECOND LANGUAGE. THIS DOES NOT PRECLUDE THE  SCHOOL  IN
THE  RECEIVING  STATE  FROM  PERFORMING SUBSEQUENT EVALUATIONS TO ENSURE
APPROPRIATE PLACEMENT OF THE STUDENT.

S. 1213--A                          5

  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
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 EDUCATION 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 EDUCATION 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 EDUCATION
AGENCY SUPERINTENDENT, IN CONSULTATION WITH THE BOARD OF  EDUCATION  AND
SCHOOL  PRINCIPAL,  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) SPECIAL POWER OF  ATTORNEY,  RELATIVE  TO
THE  GUARDIANSHIP  OF  A  CHILD  OF A MILITARY FAMILY AND EXECUTED UNDER
APPLICABLE LAW SHALL BE SUFFICIENT FOR THE PURPOSES  OF  ENROLLMENT  AND
ALL OTHER ACTIONS REQUIRING PARENTAL PARTICIPATION AND CONSENT.
  (B)  A  LOCAL  EDUCATION  AGENCY  MAY WAIVE A TUITION CHARGE IF, AFTER
CONSULTING WITH THE PARENT OR PARENTS, IT IS DETERMINED THAT  IT  IS  IN
THE BEST INTEREST OF THE CHILD TO ATTEND SCHOOL IN THAT JURISDICTION.
  (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. STATE AND LOCAL EDUCATION AGENCIES SHALL FACILITATE THE OPPORTUNITY
FOR  TRANSITIONING  MILITARY  CHILDREN'S  INCLUSION  IN  EXTRACURRICULAR
ACTIVITIES 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 EDUCATION AGENCIES SHALL
INCORPORATE THE FOLLOWING PROCEDURES:
  1. LOCAL EDUCATION AGENCY ADMINISTRATIVE OFFICIALS SHALL WAIVE SPECIF-
IC COURSES REQUIRED FOR GRADUATION IF SIMILAR COURSEWORK HAS BEEN SATIS-
FACTORILY COMPLETED IN ANOTHER LOCAL EDUCATION AGENCY OR  SHALL  PROVIDE
REASONABLE JUSTIFICATION FOR DENIAL. SHOULD A WAIVER NOT BE GRANTED TO A
STUDENT WHO WOULD QUALIFY TO GRADUATE FROM THE SENDING SCHOOL, THE LOCAL
EDUCATION  AGENCY  SHALL  PROVIDE  AN  ALTERNATIVE  MEANS  OF  ACQUIRING
REQUIRED COURSEWORK SO THAT GRADUATION MAY OCCUR ON TIME  INCLUDING  BUT
NOT  LIMITED  TO TRANSFER OF CREDITS EARNED BACK TO THE SENDING DISTRICT
TO ENSURE ON TIME GRADUATION FROM THE SENDING DISTRICT.
  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

S. 1213--A                          6

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  EDUCATION AGENCY AFTER ALL ALTERNATIVES HAVE BEEN CONSIDERED, THE
SENDING AND RECEIVING LOCAL EDUCATION AGENCIES SHALL ENSURE THE  RECEIPT
OF  A  DIPLOMA  FROM  THE SENDING LOCAL EDUCATION AGENCY, IF THE STUDENT
MEETS THE GRADUATION REQUIREMENTS OF THE SENDING LOCAL EDUCATION AGENCY.
IN THE EVENT THAT ONE OF THE STATES IN QUESTION IS NOT A MEMBER OF  THIS
COMPACT,  THE  MEMBER  STATE  SHALL  USE  BEST EFFORTS TO FACILITATE THE
ON-TIME GRADUATION OF THE STUDENT IN ACCORDANCE  WITH  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  EDUCATION
AGENCIES AND MILITARY INSTALLATIONS CONCERNING THE STATE'S PARTICIPATION
IN,  AND  COMPLIANCE WITH, THIS COMPACT 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, THE COMMISSIONER OF EDUCATION,  THE  SUPERINTEN-
DENT  OF  A  SCHOOL DISTRICT WITH A HIGH CONCENTRATION OF MILITARY CHIL-
DREN, A REPRESENTATIVE FROM A MILITARY FAMILY EDUCATION LIAISON,  AND  A
REPRESENTATIVE  FROM  A MILITARY INSTALLATION.  A MEMBER STATE THAT DOES
NOT HAVE A SCHOOL DISTRICT DEEMED TO CONTAIN  A  HIGH  CONCENTRATION  OF
MILITARY  CHILDREN  MAY  APPOINT  A  SUPERINTENDENT  FROM ANOTHER SCHOOL
DISTRICT TO REPRESENT LOCAL EDUCATION AGENCIES ON THE STATE COUNCIL.
  2. THE COMPACT COMMISSIONER RESPONSIBLE  FOR  THE  ADMINISTRATION  AND
MANAGEMENT  OF  THE  STATE'S  PARTICIPATION  IN  THE  COMPACT  SHALL  BE
APPOINTED BY THE COMMISSIONER OR AS OTHERWISE DETERMINED BY EACH  MEMBER
STATE.
  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 STATE COUNCIL MAY DELEGATE
VOTING AUTHORITY TO ANOTHER PERSON FROM  THEIR  STATE  FOR  A  SPECIFIED
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

S. 1213--A                          7

ORGANIZATIONS OF MILITARY FAMILY ADVOCATES, LOCAL EDUCATION AGENCY OFFI-
CIALS, 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
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

S. 1213--A                          8

A CLOSED MEETING SHALL REMAIN UNDER SEAL, SUBJECT TO RELEASE BY A MAJOR-
ITY VOTE OF THE INTERSTATE COMMISSION.
  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. THE RULES
SHALL BE BINDING IN THE COMPACT STATES TO THE EXTENT AND IN  THE  MANNER
PROVIDED 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.
  4. TO ESTABLISH AND MAINTAIN OFFICES WHICH SHALL BE LOCATED WITHIN ONE
OR MORE OF THE MEMBER STATES.
  5. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS.
  6. TO BORROW, ACCEPT, HIRE OR CONTRACT FOR SERVICES OF PERSONNEL.
  7.  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.
  8. 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.
  9. TO ACCEPT ANY AND ALL DONATIONS AND  GRANTS  OF  MONEY,  EQUIPMENT,
SUPPLIES,  MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE
OF IT.
  10. TO LEASE, PURCHASE,  ACCEPT  CONTRIBUTIONS  OR  DONATIONS  OF,  OR
OTHERWISE  TO OWN, HOLD, IMPROVE OR USE ANY PROPERTY, REAL, PERSONAL, OR
MIXED.
  11. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE,  EXCHANGE,  ABANDON,  OR
OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL OR MIXED.
  12. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES.
  13.  TO ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION
OF THE INTERSTATE COMMISSION.
  14.  TO  REPORT  ANNUALLY  TO  THE 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.
  15.  TO  COORDINATE EDUCATION, TRAINING AND PUBLIC AWARENESS REGARDING
THE COMPACT, ITS IMPLEMENTATION AND OPERATION FOR OFFICIALS AND  PARENTS
INVOLVED IN SUCH ACTIVITY.
  16.  TO  ESTABLISH UNIFORM STANDARDS FOR THE REPORTING, COLLECTING AND
EXCHANGING OF DATA.
  17. TO MAINTAIN CORPORATE BOOKS AND RECORDS  IN  ACCORDANCE  WITH  THE
BYLAWS.
  18.  TO  PERFORM  SUCH FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THIS COMPACT.
  19. TO PROVIDE FOR THE UNIFORM COLLECTION AND SHARING  OF  INFORMATION
BETWEEN  AND  AMONG  MEMBER  STATES, SCHOOLS AND MILITARY FAMILIES UNDER
THIS COMPACT.
  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

S. 1213--A                          9

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;
  (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 ANY ACTION TAKEN REASONABLY AND IN GOOD FAITH WHICH
RESULTS IN 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

S. 1213--A                         10

PERSON  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE SCOPE
OF  INTERSTATE  COMMISSION  EMPLOYMENT,  DUTIES,  OR   RESPONSIBILITIES;
PROVIDED, THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR LIABILITY
FOR  DAMAGE,  LOSS,  INJURY,  OR  LIABILITY CAUSED BY THE INTENTIONAL OR
WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
  (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 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 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

S. 1213--A                         11

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 3313. OVERSIGHT, ENFORCEMENT, AND DISPUTE  RESOLUTION.  1.  (A)  THE
EXECUTIVE, LEGISLATIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT IN EACH
MEMBER  STATE  SHALL  ENFORCE  THIS  COMPACT  AND SHALL TAKE ALL ACTIONS
NECESSARY AND APPROPRIATE  TO  EFFECTUATE  THE  COMPACT'S  PURPOSES  AND
INTENT.  THE  PROVISIONS OF THIS COMPACT AND THE RULES PROMULGATED HERE-
UNDER SHALL HAVE STANDING AS STATUTORY LAW.
  (B) ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
ING  TO  THE SUBJECT MATTER OF THIS COMPACT 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 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.
  (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.
  3.  (A) THE INTERSTATE COMMISSION SHALL ATTEMPT, UPON THE REQUEST OF A
MEMBER STATE, TO RESOLVE DISPUTES WHICH ARE SUBJECT TO THE  COMPACT  AND

S. 1213--A                         12

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.  THE  INTERSTATE  COMMISSION,  IN  THE  REASONABLE  EXERCISE OF ITS
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
  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.
  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. (A) 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.
  (B) WITHDRAWAL FROM THIS COMPACT SHALL BE BY THE ENACTMENT OF A  STAT-
UTE  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.
  (C) THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON  OF
THE  INTERSTATE  COMMISSION IN WRITING UPON THE ADOPTION OF A RESOLUTION
BY THE STATE COUNCIL 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.
  (D)  THE  WITHDRAWING  STATE IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLI-
GATIONS AND LIABILITIES INCURRED THROUGH THE  EFFECTIVE  DATE  OF  WITH-

S. 1213--A                         13

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 THE COMPACT  OR  UPON  SUCH  LATER
DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
  2.  (A)  THIS  COMPACT  SHALL  DISSOLVE EFFECTIVE UPON THE DATE OF THE
WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES  THE  MEMBERSHIP
IN THE COMPACT TO ONE MEMBER STATE.
  (B) UPON THE DISSOLUTION OF THIS COMPACT, THE COMPACT BECOMES NULL AND
VOID  AND  SHALL  BE OF NO FURTHER FORCE OR EFFECT, AND THE BUSINESS AND
AFFAIRS OF THE INTERSTATE COMMISSION  SHALL  BE  CONCLUDED  AND  SURPLUS
FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
  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. NOTHING HEREIN
PREVENTS THE ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS  NOT
INCONSISTENT WITH THIS COMPACT.
  2.  (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 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.

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