256H.1 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.



        256H.1  INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY
      FOR MILITARY CHILDREN.
         The interstate compact on educational opportunity for military
      children is enacted into law and entered into by this state with any
      other state or jurisdiction legally joining the compact in the form
      substantially as follows:
         1.  Article I -- Purpose.  It is the purpose of this compact
      to remove barriers to educational success imposed on children of
      military families because of frequent moves and deployment of their
      parents by:
         a.  Facilitating the timely enrollment of children of military
      families and ensuring that they are not placed at a disadvantage due
      to difficulty in the transfer of education records from the previous
      school district or variations in entrance and age requirements.
         b.  Facilitating the student placement process through which
      children of military families are not disadvantaged by variations in
      attendance requirements, scheduling, sequencing, grading, course
      content, or assessment.
         c.  Facilitating the qualification and eligibility for
      enrollment, educational programs, and participation in
      extracurricular academic, athletic, and social activities.
         d.  Facilitating the on-time graduation of children of
      military families.
         e.  Providing for the promulgation and enforcement of
      administrative rules implementing the provisions of this compact.
         f.  Providing for the uniform collection and sharing of
      information between and among member states, schools, and military
      families under this compact.
         g.  Promoting coordination between this compact and other
      compacts affecting military children.
         h.  Promoting flexibility and cooperation between the
      educational system, parents, and the student in order to achieve
      educational success for the student.
         2.  Article II -- Definitions.  As used in this compact,
      unless the context clearly requires a different construction:
         a.  "Active duty" means full-time duty status in the active
      uniformed service of the United States, including members of the
      national guard and reserve on active duty orders pursuant to 10
      U.S.C. § 1209 and 1211.
         b.  "Children of military families" means a school-aged child,
      enrolled in kindergarten through twelfth grade, in the household of
      an active duty member.
         c.  "Compact commissioner" means the voting representative of
      each compacting state appointed pursuant to article VIII of this
      compact.
         d.  "Deployment" means the period one month prior to the
      service members' departure from their home station on military orders
      through six months after return to their home station.
         e.  "Education records" or "educational records" means
      those official records, files, and data directly related to a student
      and maintained by the school or local education agency, including but
      not limited to records encompassing all the material kept in the
      student's cumulative folder such as general identifying data, records
      of attendance and of academic work completed, records of achievement
      and results of evaluative tests, health data, disciplinary status,
      test protocols, and individualized education programs.
         f.  "Extracurricular activities" means a voluntary activity
      sponsored by the school or local education agency or an organization
      sanctioned by the local education agency.  Extracurricular activities
      include but are not limited to preparation for and involvement in
      public performances, contests, athletic competitions, demonstrations,
      displays, and club activities.
         g.  "Interstate commission" means the commission on
      educational opportunity for military children that is created under
      article IX of this compact.
         h.  "Local education agency" means a public authority legally
      constituted by the state as an administrative agency to provide
      control of and direction for kindergarten through twelfth grade
      public educational institutions.
         i.  "Member state" means a state that has enacted this
      compact.
         j.  "Military installation" means a base, camp, post, station,
      yard, center, homeport facility for any ship, or other activity under
      the jurisdiction of the United States department of defense,
      including any leased facility, which is located within any state.
      Such term does not include any facility used primarily for civil
      works, rivers and harbors projects, or flood control projects.
         k.  "Nonmember state" means a state that has not enacted this
      compact.
         l.  "Receiving state" means the state to which a child of a
      military family is sent, brought, or caused to be sent or brought.
         m.  "Rule" means a written statement by the interstate
      commission promulgated pursuant to article XII of this compact that
      is of general applicability, implements, interprets, or prescribes a
      policy or provision of the compact, or an organizational, procedural,
      or practice requirement of the interstate commission, and has the
      force and effect of statutory law in a member state, and includes the
      amendment, repeal, or suspension of an existing rule.
         n.  "Sending state" means the state from which a child of a
      military family is sent, brought, or caused to be sent or brought.
         o.  "State" means the same as defined in section 4.1.
         p.  "Student" means the child of a military family for whom
      the local education agency receives public funding and who is
      formally enrolled in kindergarten through twelfth grade.
         q.  "Transition" means the formal and physical process of
      transferring from school to school or the period of time in which a
      student moves from one school in the sending state to another school
      in the receiving state.
         r.  "Uniformed service" means the army, navy, air force,
      marine corps, coast guard, commissioned corps of the national oceanic
      and atmospheric administration, or commissioned corps of the public
      health services.
         s.  "Veteran" means a person who served in the uniformed
      services and who was discharged or released therefrom under
      conditions other than dishonorable.
         3.  Article III -- Applicability.
         a.  Except as otherwise provided in paragraph "b", this
      compact shall apply to the children of:
         (1)  Active duty members of the uniformed services as defined in
      this compact, including members of the national guard and reserve on
      active duty orders pursuant to 10 U.S.C. § 1209 and 1211.
         (2)  Members or veterans of the uniformed services who are
      severely injured and medically discharged or retired for a period of
      one year after medical discharge or retirement.
         (3)  Members of the uniformed services who die on active duty or
      as a result of injuries sustained on active duty for a period of one
      year after death.
         b.  The provisions of this interstate compact shall only apply
      to local education agencies as defined in this compact.
         c.  The provisions of this compact shall not apply to the
      children of any of the following:
         (1)  Inactive members of the national guard and military reserves.

         (2)  Members of the uniformed services now retired, except as
      provided in paragraph "a".
         (3)  Veterans of the uniformed services, except as provided in
      paragraph "a".
         (4)  Other United States department of defense personnel and other
      federal agency civilian and contract employees not defined as active
      duty members of the uniformed services.
         4.  Article IV -- Educational records and enrollment.
         a.  Unofficial or hand-carried education records.  In the
      event that official education records cannot be released to the
      parents for the purpose of transfer, the custodian of the records in
      the sending state shall prepare and furnish to the parent a complete
      set of unofficial educational records containing uniform information
      as determined by the interstate commission.  Upon receipt of the
      unofficial education records by a school in the receiving state, the
      school shall enroll and appropriately place the student based on the
      information provided in the unofficial records pending validation by
      the official records, as quickly as possible.
         b.  Official education records or transcripts.  Simultaneous
      with the enrollment and conditional placement of the student, the
      school in the receiving state shall request the student's official
      education record from the school in the sending state.  Upon receipt
      of this request, the school in the sending state will process and
      furnish the official education records to the school in the receiving
      state within ten days or within such time as is reasonably determined
      under the rules promulgated by the interstate commission.
         c.  Immunizations.  Compacting states shall give students
      thirty days from the date of enrollment or such time as is reasonably
      determined under the rules promulgated by the interstate commission,
      to obtain any immunization required by the receiving state.  For a
      series of immunizations, initial vaccinations must be obtained within
      thirty days or within such time as is reasonably determined under the
      rules promulgated by the interstate commission.
         d.  Kindergarten and first grade entrance age.  Students shall
      be allowed to continue their enrollment at grade level in the
      receiving state commensurate with their grade level, including
      kindergarten, from a local education agency in the sending state at
      the time of transition, regardless of age.  A student who 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 the student's validated level from an accredited
      school in the sending state.
         5.  Article V -- Placement and attendance.
         a.  Course placement.  When the student transfers before or
      during the school year, the receiving state school shall initially
      honor placement of the student in educational courses based on the
      student's enrollment in the sending state school or educational
      assessments conducted at the school in the sending state if the
      courses are offered, or both.  Course placement includes but is not
      limited to honors, international baccalaureate, advanced placement,
      vocational, technical, and career pathways courses.  Continuing the
      student's academic program from the previous school and promoting
      placement in academically and career challenging courses should be
      paramount when considering placement.  This does not preclude the
      school in the receiving state from performing subsequent evaluations
      to ensure appropriate placement and continued enrollment of the
      student in the course.
         b.  Educational program placement.  The receiving state school
      shall initially honor placement of the student in educational
      programs based on current educational assessments conducted at the
      school in the sending state or participation and 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 programs.  This does not preclude the school in the
      receiving state from performing subsequent evaluations to ensure
      appropriate placement of the student.
         c.  Special education services.  In compliance with the
      federal requirements of the Individuals with Disabilities Education
      Act, 20 U.S.C. § 1400 et seq., the receiving state shall initially
      provide comparable services to a student with disabilities based on
      the student's current individualized education program; and, in
      compliance with the requirements of section 504 of the Rehabilitation
      Act, 29 U.S.C. § 794, and with Tit. II of the Americans with
      Disabilities Act, 42 U.S.C. § 12131-12165, the receiving state shall
      make reasonable accommodations and modifications to address the needs
      of incoming students with disabilities, subject to an existing
      section 504 or Tit. II plan, to provide the student with equal access
      to education.  This does not preclude the school in the receiving
      state from performing subsequent evaluations to ensure appropriate
      placement of the student.
         d.  Placement flexibility.  Local education agency
      administrative officials shall have flexibility in waiving course and
      program prerequisites, or other preconditions for placement in
      courses and programs offered under the jurisdiction of the local
      education agency.
         e.  Absence as related to deployment activities.  A student
      whose parent or legal guardian is an active duty member of the
      uniformed services, as defined by this 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 the student's parent or
      legal guardian relative to such leave or deployment of the parent or
      guardian.
         6.  Article VI -- Eligibility.
         a.  Eligibility for enrollment.
         (1)  Special power of attorney, relative to the guardianship of a
      child of a military family and executed under applicable law shall be
      sufficient for the purposes of enrollment and all other actions
      requiring parental participation and consent.
         (2)  A local education agency shall be prohibited from charging
      local tuition to a transitioning military child placed in the care of
      a noncustodial parent or other person standing in loco parentis who
      lives in a jurisdiction other than that of the custodial parent.
         (3)  A transitioning military child, placed in the care of a
      noncustodial parent or other person standing in loco parentis who
      lives in a jurisdiction other than that of the custodial parent, may
      continue to attend the school in which the child was enrolled while
      residing with the custodial parent.
         b.  Eligibility for extracurricular participation.  State and
      local education agencies shall facilitate the opportunity for
      transitioning military children's inclusion in extracurricular
      activities, regardless of application deadlines, to the extent they
      are otherwise qualified.
         7.  Article VII -- Graduation.  In order to facilitate the
      on-time graduation of children of military families, states and local
      education agencies shall incorporate the following procedures:
         a.  Waiver requirements.  Local education agency
      administrative officials shall waive specific courses required for
      graduation if similar course work has been satisfactorily completed
      in another local education agency or shall provide reasonable
      justification for denial.  Should a waiver not be granted to a
      student who would qualify to graduate from the sending school, the
      local education agency shall provide an alternative means of
      acquiring required coursework so that graduation may occur on time.
         b.  Exit exams.
         (1)  States shall accept any of the following in lieu of testing
      requirements for graduation in the receiving state:
         (a)  Exit or end-of-course exams required for graduation from the
      sending state.
         (b)  National norm-referenced achievement tests.
         (c)  Alternative testing.
         (2)  In the event the above alternatives cannot be accommodated by
      the receiving state for a student transferring in the student's
      senior year, then the provisions of paragraph "c" shall apply.
         c.  Transfers during senior year.  Should a military student
      transferring at the beginning or during the student's 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 paragraphs
      "a" and "b".
         8.  Article VIII -- State coordination.
         a.  Each member state shall, through the creation of a state
      council or use of an existing body or board, provide for the
      coordination among its agencies of government, local education
      agencies and military installations concerning the state's
      participation in, and compliance with, this compact and interstate
      commission activities.  While each member state may determine the
      membership of its own state council, its membership must include at
      least:  the director of the department of education, superintendent
      of a school district with a high concentration of military children,
      representative from a military installation, one representative each
      from the legislative and executive branches of government, and other
      offices and stakeholder groups the state council deems appropriate.
      A member state that does not have a school district deemed to contain
      a high concentration of military children may appoint a
      superintendent from another school district to represent local
      education agencies on the state council.
         b.  The state council of each member state shall appoint or
      designate a military family education liaison to assist military
      families and the state in facilitating the implementation of this
      compact.
         c.  The compact commissioner responsible for the
      administration and management of the state's participation in this
      compact shall be appointed by the governor or as otherwise determined
      by each member state.
         d.  The compact commissioner and the military family education
      liaison designated in sections 256H.2 and 256H.3 shall be ex officio
      members of the state council, unless either is already a full voting
      member of the state council.
         9.  Article IX -- Interstate commission on educational
      opportunity for military children.  The member states hereby create
      the interstate commission on educational opportunity for military
      children.  The activities of the interstate commission are the
      formation of public policy and are a discretionary state function.
      The interstate commission shall:
         a.  Be a body corporate and joint agency of the member states
      and shall have all the responsibilities, powers, and duties set forth
      herein, and such additional powers as may be conferred upon it by a
      subsequent concurrent action of the respective legislatures of the
      member states in accordance with the terms of this compact.
         b.  Consist of one interstate commission voting representative
      from each member state who shall be that state's compact
      commissioner.
         (1)  Each member state represented at a meeting of the interstate
      commission is entitled to one vote.
         (2)  A majority of the total member states shall constitute a
      quorum for the transaction of business, unless a larger quorum is
      required by the bylaws of the interstate commission.
         (3)  A representative shall not delegate a vote to another member
      state.  In the event the compact commissioner is unable to attend a
      meeting of the interstate commission, the governor or state council
      may delegate voting authority to another person from the compact
      commissioner's state for a specified meeting.
         (4)  The bylaws may provide for meetings of the interstate
      commission to be conducted by telecommunication or electronic
      communication.
         c.  Consist of ex officio, nonvoting representatives who are
      members of interested organizations.  Such ex officio members, as
      defined in the bylaws, may include but not be limited to members of
      the representative organizations of military family advocates, local
      education agency officials, parent and teacher groups, the United
      States department of defense, the education commission of the states,
      the interstate agreement on the qualification of educational
      personnel and other interstate compacts affecting the education of
      children of military members.
         d.  Meet at least once each calendar year.  The chairperson
      may call additional meetings and, upon the request of a simple
      majority of the member states, shall call additional meetings.
         e.  Establish an executive committee, whose members shall
      include the officers of the interstate commission and such other
      members of the interstate commission as determined by the bylaws.
      Members of the executive committee shall serve a one-year term.
      Members of the executive committee shall be entitled to one vote
      each.  The executive committee shall have the power to act on behalf
      of the interstate commission, with the exception of rulemaking,
      during periods when the interstate commission is not in session.  The
      executive committee shall oversee the day-to-day activities of the
      administration of this compact including enforcement and compliance
      with the provisions of this compact, its bylaws and rules, and other
      such duties as deemed necessary.  The United States department of
      defense shall serve as an ex officio, nonvoting member of the
      executive committee.
         f.  Establish bylaws and rules that provide for conditions and
      procedures under which the interstate commission shall make its
      information and official records available to the public for
      inspection or copying.  The interstate commission may exempt from
      disclosure information or official records to the extent disclosure
      would adversely affect personal privacy rights or proprietary
      interests.
         g.  Give public notice of all meetings and all meetings shall
      be open to the public, except as set forth in the rules or as
      otherwise provided in this 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 likely do
      any of the following:
         (1)  Relate solely to the interstate commission's internal
      personnel practices and procedures.
         (2)  Disclose matters specifically exempted from disclosure by
      federal and state statute.
         (3)  Disclose trade secrets or commercial or financial information
      which is privileged or confidential.
         (4)  Involve accusing a person of a crime, or formally censuring a
      person.
         (5)  Disclose information of a personal nature where disclosure
      would constitute a clearly unwarranted invasion of personal privacy.

         (6)  Disclose investigative records compiled for law enforcement
      purposes.
         (7)  Specifically relate to the interstate commission's
      participation in a civil action or other legal proceeding.
         h.  Cause its legal counsel or designee to certify that a
      meeting may be closed and shall reference each relevant exemptible
      provision for any meeting, or portion of a meeting, which is closed
      pursuant to this provision.  The interstate commission shall keep
      minutes which shall fully and clearly describe all matters discussed
      in a meeting and shall provide a full and accurate summary of actions
      taken, and the reasons therefore, including a description of the
      views expressed and the record of a roll call vote.  All documents
      considered in connection with an action shall be identified in such
      minutes.  All minutes and documents of a closed meeting shall remain
      under seal, subject to release by a majority vote of the interstate
      commission.
         i.  Collect standardized data concerning the educational
      transition of the children of military families under this compact as
      directed through its rules which shall specify the data to be
      collected, the means of collection, and data exchange and reporting
      requirements.  Such methods of data collection, exchange, and
      reporting shall, in so far as is reasonably possible, conform to
      current technology and coordinate its information functions with the
      appropriate custodian of records as identified in the bylaws and
      rules.
         j.  Create a process that permits military officials,
      education officials, and parents to inform the interstate commission
      if and when there are alleged violations of this compact or its rules
      or when issues subject to the jurisdiction of this 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.
         10.  Article X -- Powers and duties of the interstate
      commission.  The interstate commission shall have the following
      powers:
         a.  To provide for dispute resolution among member states.
         b.  To promulgate rules and take all necessary actions to
      effect the goals, purposes, and obligations as enumerated in this
      compact.  The rules shall have the force and effect of statutory law
      and shall be binding in the compact states to the extent and in the
      manner provided in this compact.
         c.  To issue, upon request of a member state, advisory
      opinions concerning the meaning or interpretation of this compact,
      its bylaws, rules, and actions.
         d.  To enforce compliance with the compact provisions, the
      rules promulgated by the interstate commission, and the bylaws, using
      all necessary and proper means, including but not limited to the use
      of judicial process.
         e.  To establish and maintain offices which shall be located
      within one or more of the member states.
         f.  To purchase and maintain insurance and bonds.
         g.  To borrow, accept, hire, or contract for services of
      personnel.
         h.  To establish and appoint committees including but not
      limited to an executive committee as required by article IX of this
      compact which shall have the power to act on behalf of the interstate
      commission in carrying out its powers and duties under this compact.

         i.  To elect or appoint such officers, attorneys, employees,
      agents, or consultants, and to fix their compensation, define their
      duties, and determine their qualifications; and to establish the
      interstate commission's personnel policies and programs relating to
      conflicts of interest, rates of compensation, and qualifications of
      personnel.
         j.  To accept any and all donations and grants of money,
      equipment, supplies, materials, and services, and to receive,
      utilize, and dispose of it.
         k.  To lease, purchase, accept contributions or donations of,
      or otherwise to own, hold, improve, or use any property, real,
      personal, or mixed.
         l.  To sell, convey, mortgage, pledge, lease, exchange,
      abandon, or otherwise dispose of any property, real, personal, or
      mixed.
         m.  To establish a budget and make expenditures.
         n.  To adopt a seal and bylaws governing the management and
      operation of the interstate commission.
         o.  To report annually to the legislatures, governors,
      judiciary, and state councils of the member states concerning the
      activities of the interstate commission during the preceding year.
      Such reports shall also include any recommendations that may have
      been adopted by the interstate commission.
         p.  To coordinate education, training, and public awareness
      regarding this compact, its implementation and operation for
      officials and parents involved in such activity.
         q.  To establish uniform standards for the reporting,
      collecting, and exchanging of data.
         r.  To maintain corporate books and records in accordance with
      the bylaws.
         s.  To perform such functions as may be necessary or
      appropriate to achieve the purposes of this compact.
         t.  To provide for the uniform collection and sharing of
      information between and among member states, schools, and military
      families under this compact.
         11.  Article XI -- Organization and operation of the interstate
      commission.
         a.  The interstate commission shall, by a majority of the
      members present and voting, within twelve months after the first
      interstate commission meeting, adopt bylaws to govern its conduct as
      may be necessary or appropriate to carry out the purposes of this
      compact, including but not limited to:
         (1)  Establishing the fiscal year of the interstate commission.
         (2)  Establishing an executive committee, and such other
      committees as may be necessary.
         (3)  Providing for the establishment of committees and for
      governing any general or specific delegation of authority or function
      of the interstate commission.
         (4)  Providing reasonable procedures for calling and conducting
      meetings of the interstate commission, and ensuring reasonable notice
      of each such meeting.
         (5)  Establishing the titles and responsibilities of the officers
      and staff of the interstate commission.
         (6)  Providing a mechanism for concluding the operations of the
      interstate commission and the return of surplus funds that may exist
      upon the termination of this compact after the payment and reserving
      of all of its debts and obligations.
         (7)  Providing start-up rules for initial administration of this
      compact.
         b.  The interstate commission shall, by a majority of the
      members, elect annually from among its members a chairperson, a vice
      chairperson, and a treasurer, each of whom shall have such authority
      and duties as may be specified in the bylaws.  The chairperson or, in
      the chairperson's absence or disability, the vice chairperson, shall
      preside at all meetings of the interstate commission.  The officers
      so elected shall serve without compensation or remuneration from the
      interstate commission; provided that, subject to the availability of
      budgeted funds, the officers shall be reimbursed for ordinary and
      necessary costs and expenses incurred by them in the performance of
      their responsibilities as officers of the interstate commission.
         c. (1)  The executive committee shall have such authority and
      duties as may be set forth in the bylaws, including but not limited
      to the following:
         (a)  Managing the affairs of the interstate commission in a manner
      consistent with the bylaws and purposes of the interstate commission.

         (b)  Overseeing an organizational structure within, and
      appropriate procedures for the interstate commission to provide for
      the creation of rules, operating procedures, and administrative and
      technical support functions.
         (c)  Planning, implementing, and coordinating communications and
      activities with other state, federal, and local government
      organizations in order to advance the goals of the interstate
      commission.
         (2)  The executive committee may, subject to the approval of the
      interstate commission, appoint or retain an executive director for
      such period, upon such terms and conditions and for such
      compensation, as the interstate commission may deem appropriate.  The
      executive director shall serve as secretary to the interstate
      commission, but shall not be a member of the interstate commission.
      The executive director shall hire and supervise such other persons as
      may be authorized by the interstate commission.
         d.  The interstate commission's executive director and its
      employees shall be immune from suit and liability, either personally
      or in their official capacity, for a claim for damage to or loss of
      property or personal injury or other civil liability caused or
      arising out of or relating to an actual or alleged act, error, or
      omission that occurred, or that such person had a reasonable basis
      for believing occurred, within the scope of interstate commission
      employment, duties, or responsibilities; provided, that such person
      shall not be protected from suit or liability for damage, loss,
      injury, or liability caused by the intentional or willful and wanton
      misconduct of such person.
         (1)  The liability of the interstate commission's executive
      director and employees or interstate commission representatives,
      acting within the scope of such person's employment or duties for
      acts, errors, or omissions occurring within such person's state shall
      not exceed the limits of liability set forth under the Constitution
      and laws of that state for state officials, employees, and agents.
      The interstate commission is considered to be an instrumentality of
      the states for the purposes of any such action.  Nothing in this
      paragraph "d" shall be construed to protect such person from suit
      or liability for damage, loss, injury, or liability caused by the
      intentional or willful and wanton misconduct of such person.
         (2)  The interstate commission shall defend the executive director
      and its employees and, subject to the approval of the attorney
      general or other appropriate legal counsel of the member state
      represented by an interstate commission representative, shall defend
      such interstate commission representative in any civil action seeking
      to impose liability arising out of an actual or alleged act, error,
      or omission that occurred within the scope of interstate commission
      employment, duties, or responsibilities, or that the defendant had a
      reasonable basis for believing occurred within the scope of
      interstate commission employment, duties, or responsibilities,
      provided that the actual or alleged act, error, or omission did not
      result from intentional or willful and wanton misconduct on the part
      of such person.
         (3)  To the extent not covered by the state involved, member
      state, or the interstate commission, the representatives or employees
      of the interstate commission shall be held harmless in the amount of
      a settlement or judgment, including attorney's fees and costs,
      obtained against such persons arising out of an actual or alleged
      act, error, or omission that occurred within the scope of interstate
      commission employment, duties, or responsibilities, or that such
      persons had a reasonable basis for believing occurred within the
      scope of interstate commission employment, duties, or
      responsibilities, provided that the actual or alleged act, error, or
      omission did not result from intentional or willful and wanton
      misconduct on the part of such persons.
         12.  Article XII -- Rulemaking functions of the interstate
      commission.
         a.  The interstate commission shall promulgate reasonable
      rules in order to effectively and efficiently achieve the purposes of
      this compact.  Notwithstanding the foregoing, in the event the
      interstate commission exercises its rulemaking authority in a manner
      that is beyond the scope of the purposes of this compact, or the
      powers granted under this compact, then such an action by the
      interstate commission shall be invalid and have no force or effect.
         b.  Rules shall be made pursuant to a rulemaking process that
      substantially conforms to the model state administrative procedure
      Act of 1981, uniform laws annotated, as amended, as may be
      appropriate to the operations of the interstate commission.
         c.  Not later than thirty days after a rule is promulgated,
      any person may file a petition for judicial review of the rule;
      provided, that the filing of such a petition shall not stay or
      otherwise prevent the rule from becoming effective unless the court
      finds that the petitioner has a substantial likelihood of success.
      The court shall give deference to the actions of the interstate
      commission consistent with applicable law and shall not find the rule
      to be unlawful if the rule represents a reasonable exercise of the
      interstate commission's authority.
         d.  If a majority of the legislatures of the compacting states
      rejects a rule by enactment of a statute or resolution in the same
      manner used to adopt this compact, then such rule shall have no
      further force and effect in any compacting state.
         13.  Article XIII -- Oversight, enforcement, and dispute
      resolution.
         a.  Oversight.
         (1)  The executive, legislative, and judicial branches of state
      government in each member state shall enforce this compact and shall
      take all actions necessary and appropriate to effectuate this
      compact's purposes and intent.  The provisions of this compact and
      the rules promulgated under this compact shall have standing as
      statutory law.
         (2)  All courts shall take judicial notice of this compact and the
      rules in any judicial or administrative proceeding in a member state
      pertaining to the subject matter of this compact which may affect the
      powers, responsibilities, or actions of the interstate commission.
         (3)  The interstate commission shall be entitled to receive all
      service of process in any such proceeding, and shall have standing to
      intervene in the proceeding for all purposes.  Failure to provide
      service of process to the interstate commission shall render a
      judgment or order void as to the interstate commission, this compact,
      or promulgated rules.
         b.  Default, technical assistance, suspension, and
      termination.
         (1)  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.
         (2)  If the defaulting state fails to cure the default, the
      defaulting state shall be terminated from this 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.
         (3)  Suspension or termination of membership in this 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.
         (4)  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.
         (5)  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.
         (6)  The defaulting state may appeal the action of the interstate
      commission by petitioning the United States district court for the
      District of Columbia or the federal district where the interstate
      commission has its principal offices.  The prevailing party shall be
      awarded all costs of such litigation including reasonable attorney's
      fees.
         c.  Dispute resolution.
         (1)  The interstate commission shall attempt, upon the request of
      a member state, to resolve disputes which are subject to this compact
      and which may arise among member states and between member and
      nonmember states.
         (2)  The interstate commission shall promulgate a rule providing
      for both mediation and binding dispute resolution for disputes as
      appropriate.
         d.  Enforcement.
         (1)  The interstate commission, in the reasonable exercise of its
      discretion, shall enforce the provisions and rules of this compact.
         (2)  The interstate commission, may by majority vote of the
      members, initiate legal action in the United States district court
      for the District of Columbia or, at the discretion of the interstate
      commission, in the federal district where the interstate commission
      has its principal offices, to enforce compliance with the provisions
      of this compact, its promulgated rules and bylaws, against a member
      state in default.  The relief sought may include both injunctive
      relief and damages.  In the event judicial enforcement is necessary,
      the prevailing party shall be awarded all costs of such litigation
      including reasonable attorney's fees.
         (3)  The remedies in this compact shall not be the exclusive
      remedies of the interstate commission.  The interstate commission may
      avail itself of any other remedies available under state law or the
      regulation of a profession.
         14.  Article XIV -- Financing of the interstate commission.
         a.  The interstate commission shall pay, or provide for the
      payment of the reasonable expenses of its establishment,
      organization, and ongoing activities.
         b.  The interstate commission may levy on and collect an
      annual assessment from each member state to cover the cost of the
      operations and activities of the interstate commission and its staff
      which must be in a total amount sufficient to cover the interstate
      commission's annual budget as approved each year.  The aggregate
      annual assessment amount shall be allocated based upon a formula to
      be determined by the interstate commission, which shall promulgate a
      rule binding upon all member states.
         c.  The interstate commission shall not incur obligations of
      any kind prior to securing the funds adequate to meet the same; nor
      shall the interstate commission pledge the credit of any of the
      member states, except by and with the authority of the member state.

         d.  The interstate commission shall keep accurate accounts of
      all receipts and disbursements.  The receipts and disbursements of
      the interstate commission shall be subject to the audit and
      accounting procedures established under its bylaws.  However, all
      receipts and disbursements of funds handled by the interstate
      commission shall be audited yearly by a certified or licensed public
      accountant and the report of the audit shall be included in and
      become part of the annual report of the interstate commission.
         15.  Article XV -- Member states, effective date, and
      amendment.
         a.  Any state is eligible to become a member state.
         b.  This compact shall become effective and binding upon
      legislative enactment of this compact into law by no less than ten of
      the states.  The effective date shall be no earlier than December 1,
      2007.  Thereafter it shall become effective and binding as to any
      other member state upon enactment of this compact into law by that
      state.  The governors of nonmember states or their designees shall be
      invited to participate in the activities of the interstate commission
      on a nonvoting basis prior to adoption of this compact by all states.

         c.  The interstate commission may propose amendments to this
      compact for enactment by the member states.  An amendment shall not
      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.
         16.  Article XVI -- Withdrawal and dissolution.
         a.  Withdrawal.
         (1)  Once effective, this compact shall continue in force and
      remain binding upon each and every member state; provided that a
      member state may withdraw from this compact by specifically repealing
      the statute which enacted this compact into law.
         (2)  Withdrawal from this compact shall be by the enactment of a
      statute repealing the same, but shall not take effect until one year
      after the effective date of such statute and until written notice of
      the withdrawal has been given by the withdrawing state to the
      governor of each other member jurisdiction.
         (3)  The withdrawing state shall immediately notify the
      chairperson of the interstate commission in writing upon the
      introduction of legislation repealing this compact in the withdrawing
      state.  The interstate commission shall notify the other member
      states of the withdrawing state's intent to withdraw within sixty
      days of its receipt of the notice.
         (4)  The withdrawing state is responsible for all assessments,
      obligations, and liabilities incurred through the effective date of
      withdrawal, including obligations, the performance of which extend
      beyond the effective date of withdrawal.
         (5)  Reinstatement following withdrawal of a member state shall
      occur upon the withdrawing state reenacting this compact or upon such
      later date as determined by the interstate commission.
         b.  Dissolution of compact.
         (1)  This compact shall dissolve effective upon the date of the
      withdrawal or default of the member state which reduces the
      membership in this compact to one member state.
         (2)  Upon the dissolution of this compact, this 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.

         17.  Article XVII -- Severability and construction.
         a.  The provisions of this compact shall be severable, and if
      any phrase, clause, sentence, or provision is deemed unenforceable,
      the remaining provisions of the compact shall be enforceable.
         b.  The provisions of this compact shall be liberally
      construed to effectuate its purposes.
         c.  Nothing in this compact shall be construed to prohibit the
      applicability of other interstate compacts to which the states are
      members.
         18.  Article XVIII -- Binding effect of compact and other
      laws.
         a.  Other laws.
         (1)  Nothing in this compact prevents the enforcement of any other
      law of a member state that is not inconsistent with this compact.
         (2)  All member states' laws conflicting with this compact are
      superseded to the extent of the conflict.
         b.  Binding effect of the compact.
         (1)  All lawful actions of the interstate commission, including
      all rules and bylaws promulgated by the interstate commission, are
      binding upon the member states.
         (2)  All agreements between the interstate commission and the
      member states are binding in accordance with their terms.
         (3)  In the event any provision of this compact exceeds the
      constitutional limits imposed on the legislature of any member state,
      such provision shall be ineffective to the extent of the conflict
      with the constitutional provision in question in that member state.
      
         Section History: Recent Form
         2009 Acts, ch 31, §1, 4
         Referred to in § 256H.2, 256H.3