PRINTER'S NO. 3751
No. 2518 Session of 2008
INTRODUCED BY COHEN, GODSHALL, GEORGE, RAYMOND, BOBACK, CALTAGIRONE, CASORIO, EVERETT, FRANKEL, GRUCELA, HARHAI, KORTZ, KULA, LONGIETTI, MAHER, MANN, McGEEHAN, MENSCH, MUSTIO, M. O'BRIEN, PALLONE, SANTONI, SIPTROTH, ROEBUCK, CARROLL, HARKINS, MAHONEY AND FAIRCHILD, MAY 13, 2008
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, MAY 13, 2008
AN ACT 1 Authorizing the Commonwealth of Pennsylvania to join the 2 Interstate Compact on Educational Opportunity for Military 3 Children; providing for the form of the compact; imposing 4 additional powers and duties on the Governor, the Secretary 5 of the Commonwealth and the compact commissioner; and 6 establishing the State Council on Interstate Educational 7 Opportunity for Military Children. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the Interstate 12 Compact on Educational Opportunity for Military Children Act. 13 Section 2. Authority to execute compact. 14 The Governor of Pennsylvania, on behalf of this State, is 15 hereby authorized to execute a compact in substantially the 16 following form with any one or more of the states of the United 17 States, and the General Assembly hereby signifies in advance its 18 approval and ratification of such compact:
1 Interstate Compact on Educational Opportunity 2 for Military Children 3 ARTICLE I 4 PURPOSE 5 It is the purpose of this compact to remove barriers to 6 educational success imposed on children of military families 7 because of frequent moves and deployment of their parents by: 8 A. Facilitating the timely enrollment of children of 9 military families and ensuring that they are not placed 10 at a disadvantage due to difficulty in the transfer of 11 education records from the previous school district(s) or 12 variations in entrance/age requirements. 13 B. Facilitating the student placement process through which 14 children of military families are not disadvantaged by 15 variations in attendance requirements, scheduling, 16 sequencing, grading, course content or assessment. 17 C. Facilitating the qualification and eligibility for 18 enrollment, educational programs, and participation in 19 extracurricular academic, athletic, and social 20 activities. 21 D. Facilitating the on-time graduation of children of 22 military families. 23 E. Providing for the promulgation and enforcement of 24 administrative rules implementing the provisions of this 25 compact. 26 F. Providing for the uniform collection and sharing of 27 information between and among member states, schools and 28 military families under this compact. 29 G. Promoting coordination between this compact and other 30 compacts affecting military children. 20080H2518B3751 - 2 -
1 H. Promoting flexibility and cooperation between the 2 educational system, parents and the student in order to 3 achieve educational success for the student. 4 ARTICLE II 5 DEFINITIONS 6 As used in this compact, unless the context clearly requires a 7 different construction: 8 A. "Active duty" means: full-time duty status in the active 9 uniformed service of the United States, including members 10 of the National Guard and Reserve on active duty orders 11 pursuant to 10 U.S.C. Section 1209 and 1211. 12 B. "Children of military families" means: a school-aged 13 child(ren), enrolled in Kindergarten through Twelfth 14 (12th) grade, in the household of an active duty member. 15 C. "Compact commissioner" means: the voting representative 16 of each compacting state appointed pursuant to Article 17 VIII of this compact. 18 D. "Deployment" means: the period one (1) month prior to the 19 service members' departure from their home station on 20 military orders through six (6) months after return to 21 their home station. 22 E. "Education(al) records" means: those official records, 23 files, and data directly related to a student and 24 maintained by the school or local education agency, 25 including but not limited to records encompassing all the 26 material kept in the student's cumulative folder such as 27 general identifying data, records of attendance and of 28 academic work completed, records of achievement and 29 results of evaluative tests, health data, disciplinary 30 status, test protocols, and individualized education 20080H2518B3751 - 3 -
1 programs. 2 F. "Extracurricular activities" means: a voluntary activity 3 sponsored by the school or local education agency or an 4 organization sanctioned by the local education agency. 5 Extracurricular activities include, but are not limited 6 to, preparation for and involvement in public 7 performances, contests, athletic competitions, 8 demonstrations, displays, and club activities. 9 G. "Interstate Commission on Educational Opportunity for 10 Military Children" means: the commission that is created 11 under Article IX of this compact, which is generally 12 referred to as Interstate Commission. 13 H. "Local education agency" means: a public authority 14 legally constituted by the state as an administrative 15 agency to provide control of and direction for 16 Kindergarten through Twelfth (12th) grade public 17 educational institutions. 18 I. "Member state" means: a state that has enacted this 19 compact. 20 J. "Military installation" means: a base, camp, post, 21 station, yard, center, homeport facility for any ship, or 22 other activity under the jurisdiction of the Department 23 of Defense, including any leased facility, which is 24 located within any of the several States, the District of 25 Columbia, the Commonwealth of Puerto Rico, the U.S. 26 Virgin Islands, Guam, American Samoa, the Northern 27 Marianas Islands and any other U.S. Territory. Such term 28 does not include any facility used primarily for civil 29 works, rivers and harbors projects, or flood control 30 projects. 20080H2518B3751 - 4 -
1 K. "Non-member state" means: a state that has not enacted 2 this compact. 3 L. "Receiving state" means: the state to which a child of a 4 military family is sent, brought, or caused to be sent or 5 brought. 6 M. "Rule" means: a written statement by the Interstate 7 Commission promulgated pursuant to Article XII of this 8 compact that is of general applicability, implements, 9 interprets or prescribes a policy or provision of the 10 Compact, or an organizational, procedural, or practice 11 requirement of the Interstate Commission, and has the 12 force and effect of statutory law in a member state, and 13 includes the amendment, repeal, or suspension of an 14 existing rule. 15 N. "Sending state" means: the state from which a child of a 16 military family is sent, brought, or caused to be sent or 17 brought. 18 O. "State" means: a state of the United States, the District 19 of Columbia, the Commonwealth of Puerto Rico, the U.S. 20 Virgin Islands, Guam, American Samoa, the Northern 21 Marianas Islands and any other U.S. Territory. 22 P. "Student" means: the child of a military family for whom 23 the local education agency receives public funding and 24 who is formally enrolled in Kindergarten through Twelfth 25 (12th) grade. 26 Q. "Transition" means: 1) the formal and physical process of 27 transferring from school to school or 2) the period of 28 time in which a student moves from one school in the 29 sending state to another school in the receiving state. 30 R. "Uniformed service(s)" means: the Army, Navy, Air Force, 20080H2518B3751 - 5 -
1 Marine Corps, Coast Guard as well as the Commissioned 2 Corps of the National Oceanic and Atmospheric 3 Administration, and Public Health Services. 4 S. "Veteran" means: a person who served in the uniformed 5 services and who was discharged or released there from 6 under conditions other than dishonorable. 7 ARTICLE III 8 APPLICABILITY 9 A. Except as otherwise provided in Section B, this compact 10 shall apply to the children of: 11 1. active duty members of the uniformed services as 12 defined in this compact, including members of the 13 National Guard and Reserve on active duty orders 14 pursuant to 10 U.S.C. Section 1209 and 1211; 15 2. members or veterans of the uniformed services who 16 are severely injured and medically discharged or 17 retired for a period of one (1) year after 18 medical discharge or retirement; and 19 3. members of the uniformed services who die on 20 active duty or as a result of injuries sustained 21 on active duty for a period of one (1) year after 22 death. 23 B. The provisions of this interstate compact shall only 24 apply to local education agencies as defined in this 25 compact. 26 C. The provisions of this compact shall not apply to the 27 children of: 28 1. inactive members of the national guard and 29 military reserves; 30 2. members of the uniformed services now retired, 20080H2518B3751 - 6 -
1 except as provided in Section A; 2 3. veterans of the uniformed services, except as 3 provided in Section A; and 4 4. other U.S. Dept. of Defense personnel and other 5 federal agency civilian and contract employees 6 not defined as active duty members of the 7 uniformed services. 8 ARTICLE IV 9 EDUCATIONAL RECORDS & ENROLLMENT 10 A. Unofficial or "hand-carried" education records - In the 11 event that official education records cannot be released 12 to the parents for the purpose of transfer, the custodian 13 of the records in the sending state shall prepare and 14 furnish to the parent a complete set of unofficial 15 educational records containing uniform information as 16 determined by the Interstate Commission. Upon receipt of 17 the unofficial education records by a school in the 18 receiving state, the school shall enroll and 19 appropriately place the student based on the information 20 provided in the unofficial records pending validation by 21 the official records, as quickly as possible. 22 B. Official education records/transcripts - Simultaneous 23 with the enrollment and conditional placement of the 24 student, the school in the receiving state shall request 25 the student's official education record from the school 26 in the sending state. Upon receipt of this request, the 27 school in the sending state will process and furnish the 28 official education records to the school in the receiving 29 state within ten (10) days or within such time as is 30 reasonably determined under the rules promulgated by the 20080H2518B3751 - 7 -
1 Interstate Commission. 2 C. Immunizations - Compacting states shall give thirty (30) 3 days from the date of enrollment or within such time as 4 is reasonably determined under the rules promulgated by 5 the Interstate Commission, for students to obtain any 6 immunization(s) required by the receiving state. For a 7 series of immunizations, initial vaccinations must be 8 obtained within thirty (30) days or within such time as 9 is reasonably determined under the rules promulgated by 10 the Interstate Commission. 11 D. Kindergarten and First grade entrance age - Students 12 shall be allowed to continue their enrollment at grade 13 level in the receiving state commensurate with their 14 grade level (including Kindergarten) from a local 15 education agency in the sending state at the time of 16 transition, regardless of age. A student that has 17 satisfactorily completed the prerequisite grade level in 18 the local education agency in the sending state shall be 19 eligible for enrollment in the next highest grade level 20 in the receiving state, regardless of age. A student 21 transferring after the start of the school year in the 22 receiving state shall enter the school in the receiving 23 state on their validated level from an accredited school 24 in the sending state. 25 ARTICLE V 26 PLACEMENT & ATTENDANCE 27 A. Course placement - When the student transfers before or 28 during the school year, the receiving state school shall 29 initially honor placement of the student in educational 30 courses based on the student's enrollment in the sending 20080H2518B3751 - 8 -
1 state school and/or educational assessments conducted at 2 the school in the sending state if the courses are 3 offered. Course placement includes but is not limited to 4 Honors, International Baccalaureate, Advanced Placement, 5 vocational, technical and career pathways courses. 6 Continuing the student's academic program from the 7 previous school and promoting placement in academically 8 and career challenging courses should be paramount when 9 considering placement. This does not preclude the school 10 in the receiving state from performing subsequent 11 evaluations to ensure appropriate placement and continued 12 enrollment of the student in the course(s). 13 B. Educational program placement - The receiving state 14 school shall initially honor placement of the student in 15 educational programs based on current educational 16 assessments conducted at the school in the sending state 17 or participation/placement in like programs in the 18 sending state. Such programs include, but are not limited 19 to: 1) gifted and talented programs; and 2) English as a 20 second language (ESL). This does not preclude the school 21 in the receiving state from performing subsequent 22 evaluations to ensure appropriate placement of the 23 student. 24 C. Special education services - 1) In compliance with the 25 federal requirements of the Individuals with Disabilities 26 Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq, 27 the receiving state shall initially provide comparable 28 services to a student with disabilities based on his/her 29 current Individualized Education Program (IEP); and 2) In 30 compliance with the requirements of Section 504 of the 20080H2518B3751 - 9 -
1 Rehabilitation Act, 29 U.S.C.A. Section 794, and with 2 Title II of the Americans with Disabilities Act, 42 3 U.S.C.A. Sections 12131-12165, the receiving state shall 4 make reasonable accommodations and modifications to 5 address the needs of incoming students with disabilities, 6 subject to an existing 504 or Title II Plan, to provide 7 the student with equal access to education. This does not 8 preclude the school in the receiving state from 9 performing subsequent evaluations to ensure appropriate 10 placement of the student. 11 D. Placement flexibility - Local education agency 12 administrative officials shall have flexibility in 13 waiving course/program prerequisites, or other 14 preconditions for placement in courses/programs offered 15 under the jurisdiction of the local education agency. 16 E. Absence as related to deployment activities - A student 17 whose parent or legal guardian is an active duty member 18 of the uniformed services, as defined by the compact, and 19 has been called to duty for, is on leave from, or 20 immediately returned from deployment to a combat zone or 21 combat support posting, shall be granted additional 22 excused absences at the discretion of the local education 23 agency superintendent to visit with his or her parent or 24 legal guardian relative to such leave or deployment of 25 the parent or guardian. 26 ARTICLE VI 27 ELIGIBILITY 28 A. Eligibility for enrollment 29 1. Special power of attorney, relative to the 30 guardianship of a child of a military family and 20080H2518B3751 - 10 -
1 executed under applicable law shall be sufficient 2 for the purposes of enrollment and all other 3 actions requiring parental participation and 4 consent. 5 2. A local education agency shall be prohibited from 6 charging local tuition to a transitioning 7 military child placed in the care of a non- 8 custodial parent or other person standing in loco 9 parentis who lives in a jurisdiction other than 10 that of the custodial parent. 11 3. A transitioning military child, placed in the 12 care of a non-custodial parent or other person 13 standing in loco parentis who lives in a 14 jurisdiction other than that of the custodial 15 parent, may continue to attend the school in 16 which he/she was enrolled while residing with the 17 custodial parent. 18 B. Eligibility for extracurricular participation - State and 19 local education agencies shall facilitate the opportunity 20 for transitioning military children's inclusion in 21 extracurricular activities, regardless of application 22 deadlines, to the extent they are otherwise qualified. 23 ARTICLE VII 24 GRADUATION 25 In order to facilitate the on-time graduation of children of 26 military families states and local education agencies shall 27 incorporate the following procedures: 28 A. Waiver requirements - Local education agency 29 administrative officials shall waive specific courses 30 required for graduation if similar course work has been 20080H2518B3751 - 11 -
1 satisfactorily completed in another local education 2 agency or shall provide reasonable justification for 3 denial. Should a waiver not be granted to a student who 4 would qualify to graduate from the sending school, the 5 local education agency shall provide an alternative means 6 of acquiring required coursework so that graduation may 7 occur on time. 8 B. Exit exams - States shall accept: 1) exit or end-of- 9 course exams required for graduation from the sending 10 state; or 2) national norm-referenced achievement tests 11 or 3) alternative testing, in lieu of testing 12 requirements for graduation in the receiving state. In 13 the event the above alternatives cannot be accommodated 14 by the receiving state for a student transferring in his 15 or her Senior year, then the provisions of Article VII, 16 Section C shall apply. 17 C. Transfers during Senior year - Should a military student 18 transferring at the beginning or during his or her Senior 19 year be ineligible to graduate from the receiving local 20 education agency after all alternatives have been 21 considered, the sending and receiving local education 22 agencies shall ensure the receipt of a diploma from the 23 sending local education agency, if the student meets the 24 graduation requirements of the sending local education 25 agency. In the event that one of the states in question 26 is not a member of this compact, the member state shall 27 use best efforts to facilitate the on-time graduation of 28 the student in accordance with Sections A and B of this 29 Article. 30 ARTICLE VIII 20080H2518B3751 - 12 -
1 STATE COORDINATION 2 A. Each member state shall, through the creation of a State 3 Council or use of an existing body or board, provide for 4 the coordination among its agencies of government, local 5 education agencies and military installations concerning 6 the state's participation in, and compliance with, this 7 compact and Interstate Commission activities. While each 8 member state may determine the membership of its own 9 State Council, its membership must include at least: the 10 state superintendent of education, superintendent of a 11 school district with a high concentration of military 12 children, representative from a military installation, 13 one representative each from the legislative and 14 executive branches of government, and other offices and 15 stakeholder groups the State Council deems appropriate. A 16 member state that does not have a school district deemed 17 to contain a high concentration of military children may 18 appoint a superintendent from another school district to 19 represent local education agencies on the State Council. 20 B. The State Council of each member state shall appoint or 21 designate a military family education liaison to assist 22 military families and the state in facilitating the 23 implementation of this compact. 24 C. The compact commissioner responsible for the 25 administration and management of the state's 26 participation in the compact shall be appointed by the 27 Governor or as otherwise determined by each member state. 28 D. The compact commissioner and the military family 29 education liaison designated herein shall be ex-officio 30 members of the State Council, unless either is already a 20080H2518B3751 - 13 -
1 full voting member of the State Council. 2 ARTICLE IX 3 INTERSTATE COMMISSION ON EDUCATIONAL 4 OPPORTUNITY FOR MILITARY CHILDREN 5 The member states hereby create the "Interstate Commission on 6 Educational Opportunity for Military Children." The activities 7 of the Interstate Commission are the formation of public policy 8 and are a discretionary state function. The Interstate 9 Commission shall: 10 A. Be a body corporate and joint agency of the member states 11 and shall have all the responsibilities, powers and 12 duties set forth herein, and such additional powers as 13 may be conferred upon it by a subsequent concurrent 14 action of the respective legislatures of the member 15 states in accordance with the terms of this compact. 16 B. Consist of one Interstate Commission voting 17 representative from each member state who shall be that 18 state's compact commissioner. 19 1. Each member state represented at a meeting of the 20 Interstate Commission is entitled to one vote. 21 2. A majority of the total member states shall 22 constitute a quorum for the transaction of 23 business, unless a larger quorum is required by 24 the bylaws of the Interstate Commission. 25 3. A representative shall not delegate a vote to 26 another member state. In the event the compact 27 commissioner is unable to attend a meeting of the 28 Interstate Commission, the Governor or State 29 Council may delegate voting authority to another 30 person from their state for a specified meeting. 20080H2518B3751 - 14 -
1 4. The bylaws may provide for meetings of the 2 Interstate Commission to be conducted by 3 telecommunication or electronic communication. 4 C. Consist of ex-officio, non-voting representatives who are 5 members of interested organizations. Such ex-officio 6 members, as defined in the bylaws, may include but not be 7 limited to, members of the representative organizations 8 of military family advocates, local education agency 9 officials, parent and teacher groups, the U.S. Department 10 of Defense, the Education Commission of the States, the 11 Interstate Agreement on the Qualification of Educational 12 Personnel and other interstate compacts affecting the 13 education of children of military members. 14 D. Meet at least once each calendar year. The chairperson 15 may call additional meetings and, upon the request of a 16 simple majority of the member states, shall call 17 additional meetings. 18 E. Establish an executive committee, whose members shall 19 include the officers of the Interstate Commission and 20 such other members of the Interstate Commission as 21 determined by the bylaws. Members of the executive 22 committee shall serve a one year term. Members of the 23 executive committee shall be entitled to one vote each. 24 The executive committee shall have the power to act on 25 behalf of the Interstate Commission, with the exception 26 of rulemaking, during periods when the Interstate 27 Commission is not in session. The executive committee 28 shall oversee the day-to-day activities of the 29 administration of the compact including enforcement and 30 compliance with the provisions of the compact, its bylaws 20080H2518B3751 - 15 -
1 and rules, and other such duties as deemed necessary. The 2 U.S. Dept. of Defense shall serve as an ex-officio, 3 nonvoting member of the executive committee. 4 F. Establish bylaws and rules that provide for conditions 5 and procedures under which the Interstate Commission 6 shall make its information and official records available 7 to the public for inspection or copying. The Interstate 8 Commission may exempt from disclosure information or 9 official records to the extent they would adversely 10 affect personal privacy rights or proprietary interests. 11 G. Give public notice of all meetings and all meetings shall 12 be open to the public, except as set forth in the rules 13 or as otherwise provided in the compact. The Interstate 14 Commission and its committees may close a meeting, or 15 portion thereof, where it determines by two-thirds vote 16 that an open meeting would be likely to: 17 1. Relate solely to the Interstate Commission's 18 internal personnel practices and procedures; 19 2. Disclose matters specifically exempted from 20 disclosure by federal and state statute; 21 3. Disclose trade secrets or commercial or financial 22 information which is privileged or confidential; 23 4. Involve accusing a person of a crime, or formally 24 censuring a person; 25 5. Disclose information of a personal nature where 26 disclosure would constitute a clearly unwarranted 27 invasion of personal privacy; 28 6. Disclose investigative records compiled for law 29 enforcement purposes; or 30 7. Specifically relate to the Interstate 20080H2518B3751 - 16 -
1 Commission's participation in a civil action or 2 other legal proceeding. 3 H. Cause its legal counsel or designee to certify that a 4 meeting may be closed and shall reference each relevant 5 exemptible provision for any meeting, or portion of a 6 meeting, which is closed pursuant to this provision. The 7 Interstate Commission shall keep minutes which shall 8 fully and clearly describe all matters discussed in a 9 meeting and shall provide a full and accurate summary of 10 actions taken, and the reasons therefor, including a 11 description of the views expressed and the record of a 12 roll call vote. All documents considered in connection 13 with an action shall be identified in such minutes. All 14 minutes and documents of a closed meeting shall remain 15 under seal, subject to release by a majority vote of the 16 Interstate Commission. 17 I. Collect standardized data concerning the educational 18 transition of the children of military families under 19 this compact as directed through its rules which shall 20 specify the data to be collected, the means of collection 21 and data exchange and reporting requirements. Such 22 methods of data collection, exchange and reporting shall, 23 in so far as is reasonably possible, conform to current 24 technology and coordinate its information functions with 25 the appropriate custodian of records as identified in the 26 bylaws and rules. 27 J. Create a process that permits military officials, 28 education officials and parents to inform the Interstate 29 Commission if and when there are alleged violations of 30 the compact or its rules or when issues subject to the 20080H2518B3751 - 17 -
1 jurisdiction of the compact or its rules are not 2 addressed by the state or local education agency. This 3 section shall not be construed to create a private right 4 of action against the Interstate Commission or any member 5 state. 6 ARTICLE X 7 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 8 The Interstate Commission shall have the following powers: 9 A. To provide for dispute resolution among member states. 10 B. To promulgate rules and take necessary actions to effect 11 the goals, purposes and obligations as enumerated in this 12 compact. The rules shall have the force and effect of 13 statutory law and shall be binding in the compact states 14 to the extent and in the manner provided in this compact. 15 C. To issue, upon request of a member state, advisory 16 opinions concerning the meaning or interpretation of the 17 interstate compact, its bylaws, rules and actions. 18 D. To enforce compliance with the compact provisions, the 19 rules promulgated by the Interstate Commission, and the 20 bylaws, using all necessary and proper means, including 21 but not limited to the use of judicial process. 22 E. To establish and maintain offices which shall be located 23 within one or more of the member states. 24 F. To purchase and maintain insurance and bonds. 25 G. To borrow, accept, hire or contract for services of 26 personnel. 27 H. To establish and appoint committees including, but not 28 limited to, an executive committee as required by Article 29 IX, Section E, which shall have the power to act on 30 behalf of the Interstate Commission in carrying out its 20080H2518B3751 - 18 -
1 powers and duties hereunder. 2 I. To elect or appoint such officers, attorneys, employees, 3 agents, or consultants, and to fix their compensation, 4 define their duties and determine their qualifications; 5 and to establish the Interstate Commission's personnel 6 policies and programs relating to conflicts of interest, 7 rates of compensation, and qualifications of personnel. 8 J. To accept any and all donations and grants of money, 9 equipment, supplies, materials, and services, and to 10 receive, utilize, and dispose of it. 11 K. To lease, purchase, accept contributions or donations of, 12 or otherwise to own, hold, improve or use any property, 13 real, personal, or mixed. 14 L. To sell, convey, mortgage, pledge, lease, exchange, 15 abandon, or otherwise dispose of any property, real, 16 personal or mixed. 17 M. To establish a budget and make expenditures. 18 N. To adopt a seal and bylaws governing the management and 19 operation of the Interstate Commission. 20 O. To report annually to the legislatures, governors, 21 judiciary, and state councils of the member states 22 concerning the activities of the Interstate Commission 23 during the preceding year. Such reports shall also 24 include any recommendations that may have been adopted by 25 the Interstate Commission. 26 P. To coordinate education, training and public awareness 27 regarding the compact, its implementation and operation 28 for officials and parents involved in such activity. 29 Q. To establish uniform standards for the reporting, 30 collecting and exchanging of data. 20080H2518B3751 - 19 -
1 R. To maintain corporate books and records in accordance 2 with the bylaws. 3 S. To perform such functions as may be necessary or 4 appropriate to achieve the purposes of this compact. 5 T. To provide for the uniform collection and sharing of 6 information between and among member states, schools and 7 military families under this compact. 8 ARTICLE XI 9 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 10 A. The Interstate Commission shall, by a majority of the 11 members present and voting, within 12 months after the 12 first Interstate Commission meeting, adopt bylaws to 13 govern its conduct as may be necessary or appropriate to 14 carry out the purposes of the compact, including, but not 15 limited to: 16 1. Establishing the fiscal year of the Interstate 17 Commission; 18 2. Establishing an executive committee, and such 19 other committees as may be necessary; 20 3. Providing for the establishment of committees and 21 for governing any general or specific delegation 22 of authority or function of the Interstate 23 Commission; 24 4. Providing reasonable procedures for calling and 25 conducting meetings of the Interstate Commission, 26 and ensuring reasonable notice of each such 27 meeting; 28 5. Establishing the titles and responsibilities of 29 the officers and staff of the Interstate 30 Commission; 20080H2518B3751 - 20 -
1 6. Providing a mechanism for concluding the 2 operations of the Interstate Commission and the 3 return of surplus funds that may exist upon the 4 termination of the compact after the payment and 5 reserving of all of its debts and obligations. 6 7. Providing "start up" rules for initial 7 administration of the compact. 8 B. The Interstate Commission shall, by a majority of the 9 members, elect annually from among its members a 10 chairperson, a vice-chairperson, and a treasurer, each of 11 whom shall have such authority and duties as may be 12 specified in the bylaws. The chairperson or, in the 13 chairperson's absence or disability, the vice- 14 chairperson, shall preside at all meetings of the 15 Interstate Commission. The officers so elected shall 16 serve without compensation or remuneration from the 17 Interstate Commission; provided that, subject to the 18 availability of budgeted funds, the officers shall be 19 reimbursed for ordinary and necessary costs and expenses 20 incurred by them in the performance of their 21 responsibilities as officers of the Interstate 22 Commission. 23 C. Executive Committee, Officers and Personnel 24 1. The executive committee shall have such authority 25 and duties as may be set forth in the bylaws, 26 including but not limited to: 27 a. Managing the affairs of the Interstate 28 Commission in a manner consistent with the 29 bylaws and purposes of the Interstate 30 Commission; 20080H2518B3751 - 21 -
1 b. Overseeing an organizational structure 2 within, and appropriate procedures for the 3 Interstate Commission to provide for the 4 creation of rules, operating procedures, and 5 administrative and technical support 6 functions; and 7 c. Planning, implementing, and coordinating 8 communications and activities with other 9 state, federal and local government 10 organizations in order to advance the goals 11 of the Interstate Commission. 12 2. (Reserved). 13 3. The executive committee may, subject to the 14 approval of the Interstate Commission, appoint or 15 retain an executive director for such period, 16 upon such terms and conditions and for such 17 compensation, as the Interstate Commission may 18 deem appropriate. The executive director shall 19 serve as secretary to the Interstate Commission, 20 but shall not be a Member of the Interstate 21 Commission. The executive director shall hire and 22 supervise such other persons as may be authorized 23 by the Interstate Commission. 24 D. The Interstate Commission's executive director and 25 employees shall be immune from suit and liability, either 26 personally or in their official capacity, for a claim for 27 damage to or loss of property or personal injury or other 28 civil liability caused or arising out of or relating to 29 an actual or alleged act, error, or omission that 30 occurred, or that such person had a reasonable basis for 20080H2518B3751 - 22 -
1 believing occurred, within the scope of Interstate 2 Commission employment, duties, or responsibilities; 3 provided, that such person shall not be protected from 4 suit or liability for damage, loss, injury, or liability 5 caused by the intentional or willful and wanton 6 misconduct of such person. 7 1. The liability of the Interstate Commission's 8 executive director and employees or Interstate 9 Commission representatives, acting within the 10 scope of such person's employment or duties for 11 acts, errors, or omissions occurring within such 12 person's state may not exceed the limits of 13 liability set forth under the Constitution and 14 laws of that state for state officials, 15 employees, and agents. The Interstate Commission 16 is considered to be an instrumentality of the 17 states for the purposes of any such action. 18 Nothing in this subsection shall be construed to 19 protect such person from suit or liability for 20 damage, loss, injury, or liability caused by the 21 intentional or willful and wanton misconduct of 22 such person. 23 2. The Interstate Commission shall defend the 24 executive director and its employees and, subject 25 to the approval of the Attorney General or other 26 appropriate legal counsel of the member state 27 represented by an Interstate Commission 28 representative, shall defend such Interstate 29 Commission representative in any civil action 30 seeking to impose liability arising out of an 20080H2518B3751 - 23 -
1 actual or alleged act, error or omission that 2 occurred within the scope of Interstate 3 Commission employment, duties or 4 responsibilities, or that the defendant had a 5 reasonable basis for believing occurred within 6 the scope of Interstate Commission employment, 7 duties, or responsibilities, provided that the 8 actual or alleged act, error, or omission did not 9 result from intentional or willful and wanton 10 misconduct on the part of such person. 11 3. To the extent not covered by the state involved, 12 member state, or the Interstate Commission, the 13 representatives or employees of the Interstate 14 Commission shall be held harmless in the amount 15 of a settlement or judgment, including attorney's 16 fees and costs, obtained against such persons 17 arising out of an actual or alleged act, error, 18 or omission that occurred within the scope of 19 Interstate Commission employment, duties, or 20 responsibilities, or that such persons had a 21 reasonable basis for believing occurred within 22 the scope of Interstate Commission employment, 23 duties, or responsibilities, provided that the 24 actual or alleged act, error, or omission did not 25 result from intentional or willful and wanton 26 misconduct on the part of such persons. 27 ARTICLE XII 28 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 29 A. Rulemaking Authority - The Interstate Commission shall 30 promulgate reasonable rules in order to effectively and 20080H2518B3751 - 24 -
1 efficiently achieve the purposes of this Compact. 2 Notwithstanding the foregoing, in the event the 3 Interstate Commission exercises its rulemaking authority 4 in a manner that is beyond the scope of the purposes of 5 this Act, or the powers granted hereunder, then such an 6 action by the Interstate Commission shall be invalid and 7 have no force or effect. 8 B. Rulemaking Procedure - Rules shall be made pursuant to a 9 rulemaking process that substantially conforms to the 10 "Model State Administrative Procedure Act," of 1981 Act, 11 Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, 12 as may be appropriate to the operations of the Interstate 13 Commission. 14 C. Not later than thirty (30) days after a rule is 15 promulgated, any person may file a petition for judicial 16 review of the rule; provided, that the filing of such a 17 petition shall not stay or otherwise prevent the rule 18 from becoming effective unless the court finds that the 19 petitioner has a substantial likelihood of success. The 20 court shall give deference to the actions of the 21 Interstate Commission consistent with applicable law and 22 shall not find the rule to be unlawful if the rule 23 represents a reasonable exercise of the Interstate 24 Commission's authority. 25 D. If a majority of the legislatures of the compacting 26 states rejects a Rule by enactment of a statute or 27 resolution in the same manner used to adopt the compact, 28 then such rule shall have no further force and effect in 29 any compacting state. 30 ARTICLE XIII 20080H2518B3751 - 25 -
1 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 2 A. Oversight 3 1. The executive, legislative and judicial branches 4 of state government in each member state shall 5 enforce this compact and shall take all actions 6 necessary and appropriate to effectuate the 7 compact's purposes and intent. The provisions of 8 this compact and the rules promulgated hereunder 9 shall have standing as statutory law. 10 2. All courts shall take judicial notice of the 11 compact and the rules in any judicial or 12 administrative proceeding in a member state 13 pertaining to the subject matter of this compact 14 which may affect the powers, responsibilities or 15 actions of the Interstate Commission. 16 3. The Interstate Commission shall be entitled to 17 receive all service of process in any such 18 proceeding, and shall have standing to intervene 19 in the proceeding for all purposes. Failure to 20 provide service of process to the Interstate 21 Commission shall render a judgment or order void 22 as to the Interstate Commission, this compact or 23 promulgated rules. 24 B. Default, Technical Assistance, Suspension and Termination 25 - If the Interstate Commission determines that a member 26 state has defaulted in the performance of its obligations 27 or responsibilities under this compact, or the bylaws or 28 promulgated rules, the Interstate Commission shall: 29 1. Provide written notice to the defaulting state 30 and other member states, of the nature of the 20080H2518B3751 - 26 -
1 default, the means of curing the default and any 2 action taken by the Interstate Commission. The 3 Interstate Commission shall specify the 4 conditions by which the defaulting state must 5 cure its default. 6 2. Provide remedial training and specific technical 7 assistance regarding the default. 8 3. If the defaulting state fails to cure the 9 default, the defaulting state shall be terminated 10 from the compact upon an affirmative vote of a 11 majority of the member states and all rights, 12 privileges and benefits conferred by this compact 13 shall be terminated from the effective date of 14 termination. A cure of the default does not 15 relieve the offending state of obligations or 16 liabilities incurred during the period of the 17 default. 18 4. Suspension or termination of membership in the 19 compact shall be imposed only after all other 20 means of securing compliance have been exhausted. 21 Notice of intent to suspend or terminate shall be 22 given by the Interstate Commission to the 23 Governor, the majority and minority leaders of 24 the defaulting state's legislature, and each of 25 the member states. 26 5. The state which has been suspended or terminated 27 is responsible for all assessments, obligations 28 and liabilities incurred through the effective 29 date of suspension or termination including 30 obligations, the performance of which extends 20080H2518B3751 - 27 -
1 beyond the effective date of suspension or 2 termination. 3 6. The Interstate Commission shall not bear any 4 costs relating to any state that has been found 5 to be in default or which has been suspended or 6 terminated from the compact, unless otherwise 7 mutually agreed upon in writing between the 8 Interstate Commission and the defaulting state. 9 7. The defaulting state may appeal the action of the 10 Interstate Commission by petitioning the U.S. 11 District Court for the District of Columbia or 12 the federal district where the Interstate 13 Commission has its principal offices. The 14 prevailing party shall be awarded all costs of 15 such litigation including reasonable attorney's 16 fees. 17 C. Dispute Resolution 18 1. The Interstate Commission shall attempt, upon the 19 request of a member state, to resolve disputes 20 which are subject to the compact and which may 21 arise among member states and between member and 22 non-member states. 23 2. The Interstate Commission shall promulgate a rule 24 providing for both mediation and binding dispute 25 resolution for disputes as appropriate. 26 D. Enforcement 27 1. The Interstate Commission, in the reasonable 28 exercise of its discretion, shall enforce the 29 provisions and rules of this compact. 30 2. The Interstate Commission may, by majority vote 20080H2518B3751 - 28 -
1 of the members, initiate legal action in the 2 United States District Court for the District of 3 Columbia or, at the discretion of the Interstate 4 Commission, in the federal district where the 5 Interstate Commission has its principal offices, 6 to enforce compliance with the provisions of the 7 compact, its promulgated rules and bylaws, 8 against a member state in default. The relief 9 sought may include both injunctive relief and 10 damages. In the event judicial enforcement is 11 necessary the prevailing party shall be awarded 12 all costs of such litigation including reasonable 13 attorney's fees. 14 3. The remedies herein shall not be the exclusive 15 remedies of the Interstate Commission. The 16 Interstate Commission may avail itself of any 17 other remedies available under state law or the 18 regulation of a profession. 19 ARTICLE XIV 20 FINANCING OF THE INTERSTATE COMMISSION 21 A. The Interstate Commission shall pay, or provide for the 22 payment of the reasonable expenses of its establishment, 23 organization and ongoing activities. 24 B. The Interstate Commission may levy on and collect an 25 annual assessment from each member state to cover the 26 cost of the operations and activities of the Interstate 27 Commission and its staff which must be in a total amount 28 sufficient to cover the Interstate Commission's annual 29 budget as approved each year. The aggregate annual 30 assessment amount shall be allocated based upon a formula 20080H2518B3751 - 29 -
1 to be determined by the Interstate Commission, which 2 shall promulgate a rule binding upon all member states. 3 C. The Interstate Commission shall not incur obligations of 4 any kind prior to securing the funds adequate to meet the 5 same; nor shall the Interstate Commission pledge the 6 credit of any of the member states, except by and with 7 the authority of the member state. 8 D. The Interstate Commission shall keep accurate accounts of 9 all receipts and disbursements. The receipts and 10 disbursements of the Interstate Commission shall be 11 subject to the audit and accounting procedures 12 established under its bylaws. However, all receipts and 13 disbursements of funds handled by the Interstate 14 Commission shall be audited yearly by a certified or 15 licensed public accountant and the report of the audit 16 shall be included in and become part of the annual report 17 of the Interstate Commission. 18 ARTICLE XV 19 MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 20 A. Any state is eligible to become a member state. 21 B. The compact shall become effective and binding upon 22 legislative enactment of the compact into law by no less 23 than ten (10) of the states. The effective date shall be 24 no earlier than December 1, 2007. Thereafter it shall 25 become effective and binding as to any other member state 26 upon enactment of the compact into law by that state. The 27 governors of non-member states or their designees shall 28 be invited to participate in the activities of the 29 Interstate Commission on a non-voting basis prior to 30 adoption of the compact by all states. 20080H2518B3751 - 30 -
1 C. The Interstate Commission may propose amendments to the 2 compact for enactment by the member states. No amendment 3 shall become effective and binding upon the Interstate 4 Commission and the member states unless and until it is 5 enacted into law by unanimous consent of the member 6 states. 7 ARTICLE XVI 8 WITHDRAWAL AND DISSOLUTION 9 A. Withdrawal 10 1. Once effective, the compact shall continue in 11 force and remain binding upon each and every 12 member state; provided that a member state may 13 withdraw from the compact specifically repealing 14 the statute, which enacted the compact into law. 15 2. Withdrawal from this compact shall be by the 16 enactment of a statute repealing the same, but 17 shall not take effect until one (1) year after 18 the effective date of such statute and until 19 written notice of the withdrawal has been given 20 by the withdrawing state to the Governor of each 21 other member jurisdiction. 22 3. The withdrawing state shall immediately notify 23 the chairperson of the Interstate Commission in 24 writing upon the introduction of legislation 25 repealing this compact in the withdrawing state. 26 The Interstate Commission shall notify the other 27 member states of the withdrawing state's intent 28 to withdraw within sixty (60) days of its receipt 29 thereof. 30 4. The withdrawing state is responsible for all 20080H2518B3751 - 31 -
1 assessments, obligations and liabilities incurred 2 through the effective date of withdrawal, 3 including obligations, the performance of which 4 extend beyond the effective date of withdrawal. 5 5. Reinstatement following withdrawal of a member 6 state shall occur upon the withdrawing state 7 reenacting the compact or upon such later date as 8 determined by the Interstate Commission. 9 B. Dissolution of Compact 10 1. This compact shall dissolve effective upon the 11 date of the withdrawal or default of the member 12 state which reduces the membership in the compact 13 to one (1) member state. 14 2. Upon the dissolution of this compact, the compact 15 becomes null and void and shall be of no further 16 force or effect, and the business and affairs of 17 the Interstate Commission shall be concluded and 18 surplus funds shall be distributed in accordance 19 with the bylaws. 20 ARTICLE XVII 21 SEVERABILITY AND CONSTRUCTION 22 A. The provisions of this compact shall be severable, and if 23 any phrase, clause, sentence or provision is deemed 24 unenforceable, the remaining provisions of the compact 25 shall be enforceable. 26 B. The provisions of this compact shall be liberally 27 construed to effectuate its purposes. 28 C. Nothing in this compact shall be construed to prohibit 29 the applicability of other interstate compacts to which 30 the states are members. 20080H2518B3751 - 32 -
1 ARTICLE XVIII 2 BINDING EFFECT OF COMPACT AND OTHER LAWS 3 A. Other Laws 4 1. Nothing herein prevents the enforcement of any 5 other law of a member state that is not 6 inconsistent with this compact. 7 2. All member states' laws conflicting with this 8 compact are superseded to the extent of the 9 conflict. 10 B. Binding Effect of the Compact 11 1. All lawful actions of the Interstate Commission, 12 including all rules and bylaws promulgated by the 13 Interstate Commission, are binding upon the 14 member states. 15 2. All agreements between the Intrastate Commission 16 and the member states are binding in accordance 17 with their terms. 18 3. In the event any provision of this compact 19 exceeds the constitutional limits imposed on the 20 legislature of any member state, such provision 21 shall be ineffective to the extent of the 22 conflict with the constitutional provision in 23 question in that member state. 24 Section 3. When and how compact becomes operative. 25 (a) General rule.--When the Governor executes the Interstate 26 Compact on Educational Opportunity for Military Children on 27 behalf of this State and files a verified copy thereof with the 28 Secretary of the Commonwealth and when the compact is ratified 29 by at least ten other states, then the compact shall become 30 operative and effective between this State and such other 20080H2518B3751 - 33 -
1 states. The Governor is hereby authorized and directed to take 2 such action as may be necessary to complete the exchange of 3 official documents between this State and any other state 4 ratifying the compact. 5 (b) Notice in Pennsylvania Bulletin.--The Secretary of the 6 Commonwealth shall publish a notice in the Pennsylvania Bulletin 7 when the conditions set forth in subsection (a) are satisfied 8 and shall include in the notice the date on which the compact 9 became effective and operative between this State and any other 10 states in accordance with this act. 11 Section 4. State Council on Interstate Educational Opportunity 12 for Military Children. 13 (a) Establishment.--Consistent with Article VIII of the 14 Interstate Compact on Educational Opportunity for Military 15 Children, there is hereby established the State Council on 16 Interstate Educational Opportunity for Military Children. The 17 council shall conduct all business pursuant to 65 Pa.C.S. Ch. 7 18 (relating to open meeting), the former act of June 21, 1957 19 (P.L.390, No.212), referred to as the Right-to-Know Law, or the 20 act of February 14, 2008 (P.L.6, No.3), known as the Right-to- 21 Know Law. The council shall consist of the Secretary of 22 Education, three members appointed by the Governor, one a 23 superintendent of a school district with a high concentration of 24 military children, one a representative of a military 25 institution and one a representative of the executive branch, 26 and one member each appointed by the President pro tempore of 27 the Senate, the Minority Leader of the Senate, the Speaker of 28 the House of Representatives and the Minority Leader of the 29 House of Representatives. 30 (b) Terms.--The term of a member of the council hereafter 20080H2518B3751 - 34 -
1 appointed, except to fill a vacancy, shall be four years and 2 until a successor has been appointed, but in no event more than 3 90 days beyond the expiration of the appointed term. 4 (c) Vacancy.--A vacancy occurring in an office of a member 5 of the council for any reason shall be filled by the appointing 6 authority for the remainder of the term. 7 Section 5. Appointment of compact commissioner. 8 The compact commissioner shall be appointed by the Governor 9 and shall serve as a member of the State Council on Interstate 10 Educational Opportunity for Military Children and shall serve on 11 the Interstate Commission on Educational Opportunity for 12 Military Children established pursuant to Article IX of the 13 Interstate Compact on Educational Opportunity for Military 14 Children. 15 Section 6. Compensation and expenses of compact commissioner. 16 The compact commissioner who represents this State under the 17 Interstate Compact on Educational Opportunity for Military 18 Children shall not be entitled to any additional compensation 19 for his duties and responsibilities as compact commissioner but 20 shall be entitled to reimbursement for reasonable expenses 21 actually incurred in connection with his duties and 22 responsibilities as compact commissioner in the same manner as 23 for expenses incurred in connection with other duties and 24 responsibilities of his office or employment. 25 Section 7. Effective date. 26 This act shall take effect immediately. E9L24BIL/20080H2518B3751 - 35 -