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                                                      PRINTER'S NO. 3751

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.



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