See other bills
under the
same topic
                                                      PRINTER'S NO. 3817

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2566 Session of 2008


        INTRODUCED BY MURT, COHEN, FAIRCHILD, MELIO, DeWEESE, ARGALL,
           BARRAR, BASTIAN, BEAR, BENNINGHOFF, BEYER, CALTAGIRONE,
           CAPPELLI, CAUSER, CIVERA, CLYMER, DENLINGER, DePASQUALE,
           DiGIROLAMO, EVERETT, FREEMAN, GABIG, GEORGE, GINGRICH,
           GODSHALL, GOODMAN, GRUCELA, HARPER, HARRIS, HENNESSEY, HESS,
           HORNAMAN, HUTCHINSON, JAMES, KORTZ, KULA, LENTZ, MAHER,
           MANTZ, MARSICO, McGEEHAN, McILVAINE SMITH, MENSCH, METCALFE,
           MICOZZIE, R. MILLER, MILNE, MOUL, MOYER, MUNDY, MYERS,
           NAILOR, O'NEILL, PAYNE, PETRI, PETRONE, PHILLIPS, QUIGLEY,
           RAPP, READSHAW, REICHLEY, ROCK, SAYLOR, SIPTROTH, K. SMITH,
           STERN, SWANGER, TANGRETTI, J. TAYLOR, TURZAI, WATSON,
           WHEATLEY, WOJNAROSKI AND YOUNGBLOOD, MAY 27, 2008

        REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, MAY 27, 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 administrator; 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

     1  following form with any one or more of the states of the United
     2  States, and the General Assembly hereby signifies in advance its
     3  approval and ratification of such compact:
     4           Interstate Compact on Educational Opportunity
     5                       for Military Children
     6                             ARTICLE I
     7                              PURPOSE
     8  It is the purpose of this compact to remove barriers to
     9  educational success imposed on children of military families
    10  because of frequent moves and deployment of their parents by:
    11     A.  Facilitating the timely enrollment of children of
    12         military families and ensuring that they are not placed
    13         at a disadvantage due to difficulty in the transfer of
    14         education records from the previous school district(s) or
    15         variations in entrance/age requirements.
    16     B.  Facilitating the student placement process through which
    17         children of military families are not disadvantaged by
    18         variations in attendance requirements, scheduling,
    19         sequencing, grading, course content or assessment.
    20     C.  Facilitating the qualification and eligibility for
    21         enrollment, educational programs, and participation in
    22         extracurricular academic, athletic, and social
    23         activities.
    24     D.  Facilitating the on-time graduation of children of
    25         military families.
    26     E.  Providing for the promulgation and enforcement of
    27         administrative rules implementing the provisions of this
    28         compact.
    29     F.  Providing for the uniform collection and sharing of
    30         information between and among member states, schools and
    20080H2566B3817                  - 2 -     

     1         military families under this compact.
     2     G.  Promoting coordination between this compact and other
     3         compacts affecting military children.
     4     H.  Promoting flexibility and cooperation between the
     5         educational system, parents and the student in order to
     6         achieve educational success for the student.
     7                             ARTICLE II
     8                            DEFINITIONS
     9  As used in this compact, unless the context clearly requires a
    10  different construction:
    11     A.  "Active duty" means: full-time duty status in the active
    12         uniformed service of the United States, including members
    13         of the National Guard and Reserve on active duty orders
    14         pursuant to 10 U.S.C. Section 1209 and 1211.
    15     B.  "Children of military families" means: a school-aged
    16         child(ren), enrolled in Kindergarten through Twelfth
    17         (12th) grade, in the household of an active duty member.
    18     C.  "Compact commissioner" means: the voting representative
    19         of each compacting state appointed pursuant to Article
    20         VIII of this compact.
    21     D.  "Deployment" means: the period one (1) month prior to the
    22         service members' departure from their home station on
    23         military orders through six (6) months after return to
    24         their home station.
    25     E.  "Education(al) records" means: those official records,
    26         files, and data directly related to a student and
    27         maintained by the school or local education agency,
    28         including but not limited to records encompassing all the
    29         material kept in the student's cumulative folder such as
    30         general identifying data, records of attendance and of
    20080H2566B3817                  - 3 -     

     1         academic work completed, records of achievement and
     2         results of evaluative tests, health data, disciplinary
     3         status, test protocols, and individualized education
     4         programs.
     5     F.  "Extracurricular activities" means: a voluntary activity
     6         sponsored by the school or local education agency or an
     7         organization sanctioned by the local education agency.
     8         Extracurricular activities include, but are not limited
     9         to, preparation for and involvement in public
    10         performances, contests, athletic competitions,
    11         demonstrations, displays, and club activities.
    12     G.  "Interstate Commission on Educational Opportunity for
    13         Military Children" means: the commission that is created
    14         under Article IX of this compact, which is generally
    15         referred to as Interstate Commission.
    16     H.  "Local education agency" means: a public authority
    17         legally constituted by the state as an administrative
    18         agency to provide control of and direction for
    19         Kindergarten through Twelfth (12th) grade public
    20         educational institutions.
    21     I.  "Member state" means: a state that has enacted this
    22         compact.
    23     J.  "Military installation" means: a base, camp, post,
    24         station, yard, center, homeport facility for any ship, or
    25         other activity under the jurisdiction of the Department
    26         of Defense, including any leased facility, which is
    27         located within any of the several States, the District of
    28         Columbia, the Commonwealth of Puerto Rico, the U.S.
    29         Virgin Islands, Guam, American Samoa, the Northern
    30         Marianas Islands and any other U.S. Territory. Such term
    20080H2566B3817                  - 4 -     

     1         does not include any facility used primarily for civil
     2         works, rivers and harbors projects, or flood control
     3         projects.
     4     K.  "Non-member state" means: a state that has not enacted
     5         this compact.
     6     L.  "Receiving state" means: the state to which a child of a
     7         military family is sent, brought, or caused to be sent or
     8         brought.
     9     M.  "Rule" means: a written statement by the Interstate
    10         Commission promulgated pursuant to Article XII of this
    11         compact that is of general applicability, implements,
    12         interprets or prescribes a policy or provision of the
    13         Compact, or an organizational, procedural, or practice
    14         requirement of the Interstate Commission, and has the
    15         force and effect of statutory law in a member state, and
    16         includes the amendment, repeal, or suspension of an
    17         existing rule.
    18     N.  "Sending state" means: the state from which a child of a
    19         military family is sent, brought, or caused to be sent or
    20         brought.
    21     O.  "State" means: a state of the United States, the District
    22         of Columbia, the Commonwealth of Puerto Rico, the U.S.
    23         Virgin Islands, Guam, American Samoa, the Northern
    24         Marianas Islands and any other U.S. Territory.
    25     P.  "Student" means: the child of a military family for whom
    26         the local education agency receives public funding and
    27         who is formally enrolled in Kindergarten through Twelfth
    28         (12th) grade.
    29     Q.  "Transition" means: 1) the formal and physical process of
    30         transferring from school to school or 2) the period of
    20080H2566B3817                  - 5 -     

     1         time in which a student moves from one school in the
     2         sending state to another school in the receiving state.
     3     R.  "Uniformed service(s)" means: the Army, Navy, Air Force,
     4         Marine Corps, Coast Guard as well as the Commissioned
     5         Corps of the National Oceanic and Atmospheric
     6         Administration, and Public Health Services.
     7     S.  "Veteran" means: a person who served in the uniformed
     8         services and who was discharged or released there from
     9         under conditions other than dishonorable.
    10                            ARTICLE III
    11                           APPLICABILITY
    12     A.  Except as otherwise provided in Section B, this compact
    13         shall apply to the children of:
    14             1.  active duty members of the uniformed services as
    15                 defined in this compact, including members of the
    16                 National Guard and Reserve on active duty orders
    17                 pursuant to 10 U.S.C. Section 1209 and 1211;
    18             2.  members or veterans of the uniformed services who
    19                 are severely injured and medically discharged or
    20                 retired for a period of one (1) year after
    21                 medical discharge or retirement; and
    22             3.  members of the uniformed services who die on
    23                 active duty or as a result of injuries sustained
    24                 on active duty for a period of one (1) year after
    25                 death.
    26     B.  The provisions of this interstate compact shall only
    27         apply to local education agencies as defined in this
    28         compact.
    29     C.  The provisions of this compact shall not apply to the
    30         children of:
    20080H2566B3817                  - 6 -     

     1             1.  inactive members of the national guard and
     2                 military reserves;
     3             2.  members of the uniformed services now retired,
     4                 except as provided in Section A;
     5             3.  veterans of the uniformed services, except as
     6                 provided in Section A; and
     7             4.  other U.S. Dept. of Defense personnel and other
     8                 federal agency civilian and contract employees
     9                 not defined as active duty members of the
    10                 uniformed services.
    11                             ARTICLE IV
    12                  EDUCATIONAL RECORDS & ENROLLMENT
    13     A.  Unofficial or "hand-carried" education records - In the
    14         event that official education records cannot be released
    15         to the parents for the purpose of transfer, the custodian
    16         of the records in the sending state shall prepare and
    17         furnish to the parent a complete set of unofficial
    18         educational records containing uniform information as
    19         determined by the Interstate Commission. Upon receipt of
    20         the unofficial education records by a school in the
    21         receiving state, the school shall enroll and
    22         appropriately place the student based on the information
    23         provided in the unofficial records pending validation by
    24         the official records, as quickly as possible.
    25     B.  Official education records/transcripts - Simultaneous
    26         with the enrollment and conditional placement of the
    27         student, the school in the receiving state shall request
    28         the student's official education record from the school
    29         in the sending state. Upon receipt of this request, the
    30         school in the sending state will process and furnish the
    20080H2566B3817                  - 7 -     

     1         official education records to the school in the receiving
     2         state within ten (10) days or within such time as is
     3         reasonably determined under the rules promulgated by the
     4         Interstate Commission.
     5     C.  Immunizations - Compacting states shall give thirty (30)
     6         days from the date of enrollment or within such time as
     7         is reasonably determined under the rules promulgated by
     8         the Interstate Commission, for students to obtain any
     9         immunization(s) required by the receiving state. For a
    10         series of immunizations, initial vaccinations must be
    11         obtained within thirty (30) days or within such time as
    12         is reasonably determined under the rules promulgated by
    13         the Interstate Commission.
    14     D.  Kindergarten and First grade entrance age - Students
    15         shall be allowed to continue their enrollment at grade
    16         level in the receiving state commensurate with their
    17         grade level (including Kindergarten) from a local
    18         education agency in the sending state at the time of
    19         transition, regardless of age. A student that has
    20         satisfactorily completed the prerequisite grade level in
    21         the local education agency in the sending state shall be
    22         eligible for enrollment in the next highest grade level
    23         in the receiving state, regardless of age. A student
    24         transferring after the start of the school year in the
    25         receiving state shall enter the school in the receiving
    26         state on their validated level from an accredited school
    27         in the sending state.
    28                             ARTICLE V
    29                       PLACEMENT & ATTENDANCE
    30     A.  Course placement - When the student transfers before or
    20080H2566B3817                  - 8 -     

     1         during the school year, the receiving state school shall
     2         initially honor placement of the student in educational
     3         courses based on the student's enrollment in the sending
     4         state school and/or educational assessments conducted at
     5         the school in the sending state if the courses are
     6         offered. Course placement includes but is not limited to
     7         Honors, International Baccalaureate, Advanced Placement,
     8         vocational, technical and career pathways courses.
     9         Continuing the student's academic program from the
    10         previous school and promoting placement in academically
    11         and career challenging courses should be paramount when
    12         considering placement. This does not preclude the school
    13         in the receiving state from performing subsequent
    14         evaluations to ensure appropriate placement and continued
    15         enrollment of the student in the course(s).
    16     B.  Educational program placement - The receiving state
    17         school shall initially honor placement of the student in
    18         educational programs based on current educational
    19         assessments conducted at the school in the sending state
    20         or participation/placement in like programs in the
    21         sending state. Such programs include, but are not limited
    22         to: 1) gifted and talented programs; and 2) English as a
    23         second language (ESL). This does not preclude the school
    24         in the receiving state from performing subsequent
    25         evaluations to ensure appropriate placement of the
    26         student.
    27     C.  Special education services - 1) In compliance with the
    28         federal requirements of the Individuals with Disabilities
    29         Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq,
    30         the receiving state shall initially provide comparable
    20080H2566B3817                  - 9 -     

     1         services to a student with disabilities based on his/her
     2         current Individualized Education Program (IEP); and 2) In
     3         compliance with the requirements of Section 504 of the
     4         Rehabilitation Act, 29 U.S.C.A. Section 794, and with
     5         Title II of the Americans with Disabilities Act, 42
     6         U.S.C.A. Sections 12131-12165, the receiving state shall
     7         make reasonable accommodations and modifications to
     8         address the needs of incoming students with disabilities,
     9         subject to an existing 504 or Title II Plan, to provide
    10         the student with equal access to education. This does not
    11         preclude the school in the receiving state from
    12         performing subsequent evaluations to ensure appropriate
    13         placement of the student.
    14     D.  Placement flexibility - Local education agency
    15         administrative officials shall have flexibility in
    16         waiving course/program prerequisites, or other
    17         preconditions for placement in courses/programs offered
    18         under the jurisdiction of the local education agency.
    19     E.  Absence as related to deployment activities - A student
    20         whose parent or legal guardian is an active duty member
    21         of the uniformed services, as defined by the compact, and
    22         has been called to duty for, is on leave from, or
    23         immediately returned from deployment to a combat zone or
    24         combat support posting, shall be granted additional
    25         excused absences at the discretion of the local education
    26         agency superintendent to visit with his or her parent or
    27         legal guardian relative to such leave or deployment of
    28         the parent or guardian.
    29                             ARTICLE VI
    30                            ELIGIBILITY
    20080H2566B3817                 - 10 -     

     1     A.  Eligibility for enrollment
     2             1.  Special power of attorney, relative to the
     3                 guardianship of a child of a military family and
     4                 executed under applicable law shall be sufficient
     5                 for the purposes of enrollment and all other
     6                 actions requiring parental participation and
     7                 consent.
     8             2.  A local education agency shall be prohibited from
     9                 charging local tuition to a transitioning
    10                 military child placed in the care of a non-
    11                 custodial parent or other person standing in loco
    12                 parentis who lives in a jurisdiction other than
    13                 that of the custodial parent.
    14             3.  A transitioning military child, placed in the
    15                 care of a non-custodial parent or other person
    16                 standing in loco parentis who lives in a
    17                 jurisdiction other than that of the custodial
    18                 parent, may continue to attend the school in
    19                 which he/she was enrolled while residing with the
    20                 custodial parent.
    21     B.  Eligibility for extracurricular participation - State and
    22         local education agencies shall facilitate the opportunity
    23         for transitioning military children's inclusion in
    24         extracurricular activities, regardless of application
    25         deadlines, to the extent they are otherwise qualified.
    26                            ARTICLE VII
    27                             GRADUATION
    28  In order to facilitate the on-time graduation of children of
    29  military families states and local education agencies shall
    30  incorporate the following procedures:
    20080H2566B3817                 - 11 -     

     1     A.  Waiver requirements - Local education agency
     2         administrative officials shall waive specific courses
     3         required for graduation if similar course work has been
     4         satisfactorily completed in another local education
     5         agency or shall provide reasonable justification for
     6         denial. Should a waiver not be granted to a student who
     7         would qualify to graduate from the sending school, the
     8         local education agency shall provide an alternative means
     9         of acquiring required coursework so that graduation may
    10         occur on time.
    11     B.  Exit exams - States shall accept: 1) exit or end-of-
    12         course exams required for graduation from the sending
    13         state; or 2) national norm-referenced achievement tests
    14         or 3) alternative testing, in lieu of testing
    15         requirements for graduation in the receiving state. In
    16         the event the above alternatives cannot be accommodated
    17         by the receiving state for a student transferring in his
    18         or her Senior year, then the provisions of Article VII,
    19         Section C shall apply.
    20     C.  Transfers during Senior year - Should a military student
    21         transferring at the beginning or during his or her Senior
    22         year be ineligible to graduate from the receiving local
    23         education agency after all alternatives have been
    24         considered, the sending and receiving local education
    25         agencies shall ensure the receipt of a diploma from the
    26         sending local education agency, if the student meets the
    27         graduation requirements of the sending local education
    28         agency. In the event that one of the states in question
    29         is not a member of this compact, the member state shall
    30         use best efforts to facilitate the on-time graduation of
    20080H2566B3817                 - 12 -     

     1         the student in accordance with Sections A and B of this
     2         Article.
     3                            ARTICLE VIII
     4                         STATE COORDINATION
     5     A.  Each member state shall, through the creation of a State
     6         Council or use of an existing body or board, provide for
     7         the coordination among its agencies of government, local
     8         education agencies and military installations concerning
     9         the state's participation in, and compliance with, this
    10         compact and Interstate Commission activities. While each
    11         member state may determine the membership of its own
    12         State Council, its membership must include at least: the
    13         state superintendent of education, superintendent of a
    14         school district with a high concentration of military
    15         children, representative from a military installation,
    16         one representative each from the legislative and
    17         executive branches of government, and other offices and
    18         stakeholder groups the State Council deems appropriate. A
    19         member state that does not have a school district deemed
    20         to contain a high concentration of military children may
    21         appoint a superintendent from another school district to
    22         represent local education agencies on the State Council.
    23     B.  The State Council of each member state shall appoint or
    24         designate a military family education liaison to assist
    25         military families and the state in facilitating the
    26         implementation of this compact.
    27     C.  The compact commissioner responsible for the
    28         administration and management of the state's
    29         participation in the compact shall be appointed by the
    30         Governor or as otherwise determined by each member state.
    20080H2566B3817                 - 13 -     

     1     D.  The compact commissioner and the military family
     2         education liaison designated herein shall be ex-officio
     3         members of the State Council, unless either is already a
     4         full voting member of the State Council.
     5                             ARTICLE IX
     6                INTERSTATE COMMISSION ON EDUCATIONAL
     7                 OPPORTUNITY FOR MILITARY CHILDREN
     8  The member states hereby create the "Interstate Commission on
     9  Educational Opportunity for Military Children." The activities
    10  of the Interstate Commission are the formation of public policy
    11  and are a discretionary state function. The Interstate
    12  Commission shall:
    13     A.  Be a body corporate and joint agency of the member states
    14         and shall have all the responsibilities, powers and
    15         duties set forth herein, and such additional powers as
    16         may be conferred upon it by a subsequent concurrent
    17         action of the respective legislatures of the member
    18         states in accordance with the terms of this compact.
    19     B.  Consist of one Interstate Commission voting
    20         representative from each member state who shall be that
    21         state's compact commissioner.
    22             1.  Each member state represented at a meeting of the
    23                 Interstate Commission is entitled to one vote.
    24             2.  A majority of the total member states shall
    25                 constitute a quorum for the transaction of
    26                 business, unless a larger quorum is required by
    27                 the bylaws of the Interstate Commission.
    28             3.  A representative shall not delegate a vote to
    29                 another member state. In the event the compact
    30                 commissioner is unable to attend a meeting of the
    20080H2566B3817                 - 14 -     

     1                 Interstate Commission, the Governor or State
     2                 Council may delegate voting authority to another
     3                 person from their state for a specified meeting.
     4             4.  The bylaws may provide for meetings of the
     5                 Interstate Commission to be conducted by
     6                 telecommunication or electronic communication.
     7     C.  Consist of ex-officio, non-voting representatives who are
     8         members of interested organizations. Such ex-officio
     9         members, as defined in the bylaws, may include but not be
    10         limited to, members of the representative organizations
    11         of military family advocates, local education agency
    12         officials, parent and teacher groups, the U.S. Department
    13         of Defense, the Education Commission of the States, the
    14         Interstate Agreement on the Qualification of Educational
    15         Personnel and other interstate compacts affecting the
    16         education of children of military members.
    17     D.  Meet at least once each calendar year. The chairperson
    18         may call additional meetings and, upon the request of a
    19         simple majority of the member states, shall call
    20         additional meetings.
    21     E.  Establish an executive committee, whose members shall
    22         include the officers of the Interstate Commission and
    23         such other members of the Interstate Commission as
    24         determined by the bylaws. Members of the executive
    25         committee shall serve a one year term. Members of the
    26         executive committee shall be entitled to one vote each.
    27         The executive committee shall have the power to act on
    28         behalf of the Interstate Commission, with the exception
    29         of rulemaking, during periods when the Interstate
    30         Commission is not in session. The executive committee
    20080H2566B3817                 - 15 -     

     1         shall oversee the day-to-day activities of the
     2         administration of the compact including enforcement and
     3         compliance with the provisions of the compact, its bylaws
     4         and rules, and other such duties as deemed necessary. The
     5         U.S. Dept. of Defense shall serve as an ex-officio,
     6         nonvoting member of the executive committee.
     7     F.  Establish bylaws and rules that provide for conditions
     8         and procedures under which the Interstate Commission
     9         shall make its information and official records available
    10         to the public for inspection or copying. The Interstate
    11         Commission may exempt from disclosure information or
    12         official records to the extent they would adversely
    13         affect personal privacy rights or proprietary interests.
    14     G.  Public notice shall be given by the Interstate Commission
    15         of all meetings and all meetings shall be open to the
    16         public, except as set forth in the rules or as otherwise
    17         provided in the compact. The Interstate Commission and
    18         its committees may close a meeting, or portion thereof,
    19         where it determines by two-thirds vote that an open
    20         meeting would be likely to:
    21             1.  Relate solely to the Interstate Commission's
    22                 internal personnel practices and procedures;
    23             2.  Disclose matters specifically exempted from
    24                 disclosure by federal and state statute;
    25             3.  Disclose trade secrets or commercial or financial
    26                 information which is privileged or confidential;
    27             4.  Involve accusing a person of a crime, or formally
    28                 censuring a person;
    29             5.  Disclose information of a personal nature where
    30                 disclosure would constitute a clearly unwarranted
    20080H2566B3817                 - 16 -     

     1                 invasion of personal privacy;
     2             6.  Disclose investigative records compiled for law
     3                 enforcement purposes; or
     4             7.  Specifically relate to the Interstate
     5                 Commission's participation in a civil action or
     6                 other legal proceeding.
     7     H.  For a meeting, or portion of a meeting, closed pursuant
     8         to this provision, the Interstate Commission's legal
     9         counsel or designee shall certify that the meeting may be
    10         closed and shall reference each relevant exemptible
    11         provision. The Interstate Commission shall keep minutes
    12         which shall fully and clearly describe all matters
    13         discussed in a meeting and shall provide a full and
    14         accurate summary of actions taken, and the reasons
    15         therefore, including a description of the views expressed
    16         and the record of a roll call vote. All documents
    17         considered in connection with an action shall be
    18         identified in such minutes. All minutes and documents of
    19         a closed meeting shall remain under seal, subject to
    20         release by a majority vote of the Interstate Commission.
    21     I.  The Interstate Commission shall collect standardized data
    22         concerning the educational transition of the children of
    23         military families under this compact as directed through
    24         its rules which shall specify the data to be collected,
    25         the means of collection and data exchange and reporting
    26         requirements. Such methods of data collection, exchange
    27         and reporting shall, in so far as is reasonably possible,
    28         conform to current technology and coordinate its
    29         information functions with the appropriate custodian of
    30         records as identified in the bylaws and rules.
    20080H2566B3817                 - 17 -     

     1     J.  The Interstate Commission shall create a process that
     2         permits military officials, education officials and
     3         parents to inform the Interstate Commission if and when
     4         there are alleged violations of the compact or its rules
     5         or when issues subject to the jurisdiction of the compact
     6         or its rules are not addressed by the state or local
     7         education agency. This section shall not be construed to
     8         create a private right of action against the Interstate
     9         Commission or any member state.
    10                             ARTICLE X
    11           POWERS AND DUTIES OF THE INTERSTATE COMMISSION
    12  The Interstate Commission shall have the following powers:
    13     A.  To provide for dispute resolution among member states.
    14     B.  To promulgate rules and take necessary actions to effect
    15         the goals, purposes and obligations as enumerated in this
    16         compact. The rules shall have the force and effect of
    17         statutory law and shall be binding in the compact states
    18         to the extent and in the manner provided in this compact.
    19     C.  To issue, upon request of a member state, advisory
    20         opinions concerning the meaning or interpretation of the
    21         interstate compact, its bylaws, rules and actions.
    22     D.  To enforce compliance with the compact provisions, the
    23         rules promulgated by the Interstate Commission, and the
    24         bylaws, using all necessary and proper means, including
    25         but not limited to the use of judicial process.
    26     E.  To establish and maintain offices which shall be located
    27         within one or more of the member states.
    28     F.  To purchase and maintain insurance and bonds.
    29     G.  To borrow, accept, hire or contract for services of
    30         personnel.
    20080H2566B3817                 - 18 -     

     1     H.  To establish and appoint committees including, but not
     2         limited to, an executive committee as required by Article
     3         IX, Section E, which shall have the power to act on
     4         behalf of the Interstate Commission in carrying out its
     5         powers and duties hereunder.
     6     I.  To elect or appoint such officers, attorneys, employees,
     7         agents, or consultants, and to fix their compensation,
     8         define their duties and determine their qualifications;
     9         and to establish the Interstate Commission's personnel
    10         policies and programs relating to conflicts of interest,
    11         rates of compensation, and qualifications of personnel.
    12     J.  To accept any and all donations and grants of money,
    13         equipment, supplies, materials, and services, and to
    14         receive, utilize, and dispose of it.
    15     K.  To lease, purchase, accept contributions or donations of,
    16         or otherwise to own, hold, improve or use any property,
    17         real, personal, or mixed.
    18     L.  To sell, convey, mortgage, pledge, lease, exchange,
    19         abandon, or otherwise dispose of any property, real,
    20         personal or mixed.
    21     M.  To establish a budget and make expenditures.
    22     N.  To adopt a seal and bylaws governing the management and
    23         operation of the Interstate Commission.
    24     O.  To report annually to the legislatures, governors,
    25         judiciary, and state councils of the member states
    26         concerning the activities of the Interstate Commission
    27         during the preceding year. Such reports shall also
    28         include any recommendations that may have been adopted by
    29         the Interstate Commission.
    30     P.  To coordinate education, training and public awareness
    20080H2566B3817                 - 19 -     

     1         regarding the compact, its implementation and operation
     2         for officials and parents involved in such activity.
     3     Q. To establish uniform standards for the reporting,
     4         collecting and exchanging of data.
     5     R.  To maintain corporate books and records in accordance
     6         with the bylaws.
     7     S.  To perform such functions as may be necessary or
     8         appropriate to achieve the purposes of this compact.
     9     T.  To provide for the uniform collection and sharing of
    10         information between and among member states, schools and
    11         military families under this compact.
    12                             ARTICLE XI
    13      ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
    14     A.  The Interstate Commission shall, by a majority of the
    15         members present and voting, within 12 months after the
    16         first Interstate Commission meeting, adopt bylaws to
    17         govern its conduct as may be necessary or appropriate to
    18         carry out the purposes of the compact, including, but not
    19         limited to:
    20             1.  Establishing the fiscal year of the Interstate
    21                 Commission;
    22             2.  Establishing an executive committee, and such
    23                 other committees as may be necessary;
    24             3.  Providing for the establishment of committees and
    25                 for governing any general or specific delegation
    26                 of authority or function of the Interstate
    27                 Commission;
    28             4.  Providing reasonable procedures for calling and
    29                 conducting meetings of the Interstate Commission,
    30                 and ensuring reasonable notice of each such
    20080H2566B3817                 - 20 -     

     1                 meeting;
     2             5.  Establishing the titles and responsibilities of
     3                 the officers and staff of the Interstate
     4                 Commission;
     5             6.  Providing a mechanism for concluding the
     6                 operations of the Interstate Commission and the
     7                 return of surplus funds that may exist upon the
     8                 termination of the compact after the payment and
     9                 reserving of all of its debts and obligations.
    10             7.  Providing "start up" rules for initial
    11                 administration of the compact.
    12     B.  The Interstate Commission shall, by a majority of the
    13         members, elect annually from among its members a
    14         chairperson, a vice-chairperson, and a treasurer, each of
    15         whom shall have such authority and duties as may be
    16         specified in the bylaws. The chairperson or, in the
    17         chairperson's absence or disability, the vice-
    18         chairperson, shall preside at all meetings of the
    19         Interstate Commission. The officers so elected shall
    20         serve without compensation or remuneration from the
    21         Interstate Commission; provided that, subject to the
    22         availability of budgeted funds, the officers shall be
    23         reimbursed for ordinary and necessary costs and expenses
    24         incurred by them in the performance of their
    25         responsibilities as officers of the Interstate
    26         Commission.
    27     C.  Executive Committee, Officers and Personnel
    28             1.  The executive committee shall have such authority
    29                 and duties as may be set forth in the bylaws,
    30                 including but not limited to:
    20080H2566B3817                 - 21 -     

     1                 a.  Managing the affairs of the Interstate
     2                     Commission in a manner consistent with the
     3                     bylaws and purposes of the Interstate
     4                     Commission;
     5                 b.  Overseeing an organizational structure
     6                     within, and appropriate procedures for the
     7                     Interstate Commission to provide for the
     8                     creation of rules, operating procedures, and
     9                     administrative and technical support
    10                     functions; and
    11                 c.  Planning, implementing, and coordinating
    12                     communications and activities with other
    13                     state, federal and local government
    14                     organizations in order to advance the goals
    15                     of the Interstate Commission.
    16             2.  (Reserved).
    17             3.  The executive committee may, subject to the
    18                 approval of the Interstate Commission, appoint or
    19                 retain an executive director for such period,
    20                 upon such terms and conditions and for such
    21                 compensation, as the Interstate Commission may
    22                 deem appropriate. The executive director shall
    23                 serve as secretary to the Interstate Commission,
    24                 but shall not be a Member of the Interstate
    25                 Commission. The executive director shall hire and
    26                 supervise such other persons as may be authorized
    27                 by the Interstate Commission.
    28     D.  The Interstate Commission's executive director and
    29         employees shall be immune from suit and liability, either
    30         personally or in their official capacity, for a claim for
    20080H2566B3817                 - 22 -     

     1         damage to or loss of property or personal injury or other
     2         civil liability caused or arising out of or relating to
     3         an actual or alleged act, error, or omission that
     4         occurred, or that such person had a reasonable basis for
     5         believing occurred, within the scope of Interstate
     6         Commission employment, duties, or responsibilities;
     7         provided, that such person shall not be protected from
     8         suit or liability for damage, loss, injury, or liability
     9         caused by the intentional or willful and wanton
    10         misconduct of such person.
    11             1.  The liability of the Interstate Commission's
    12                 executive director and employees or Interstate
    13                 Commission representatives, acting within the
    14                 scope of such person's employment or duties for
    15                 acts, errors, or omissions occurring within such
    16                 person's state may not exceed the limits of
    17                 liability set forth under the Constitution and
    18                 laws of that state for state officials,
    19                 employees, and agents. The Interstate Commission
    20                 is considered to be an instrumentality of the
    21                 states for the purposes of any such action.
    22                 Nothing in this subsection shall be construed to
    23                 protect such person from suit or liability for
    24                 damage, loss, injury, or liability caused by the
    25                 intentional or willful and wanton misconduct of
    26                 such person.
    27             2.  The Interstate Commission shall defend the
    28                 executive director and its employees and, subject
    29                 to the approval of the Attorney General or other
    30                 appropriate legal counsel of the member state
    20080H2566B3817                 - 23 -     

     1                 represented by an Interstate Commission
     2                 representative, shall defend such Interstate
     3                 Commission representative in any civil action
     4                 seeking to impose liability arising out of an
     5                 actual or alleged act, error or omission that
     6                 occurred within the scope of Interstate
     7                 Commission employment, duties or
     8                 responsibilities, or that the defendant had a
     9                 reasonable basis for believing occurred within
    10                 the scope of Interstate Commission employment,
    11                 duties, or responsibilities, provided that the
    12                 actual or alleged act, error, or omission did not
    13                 result from intentional or willful and wanton
    14                 misconduct on the part of such person.
    15             3.  To the extent not covered by the state involved,
    16                 member state, or the Interstate Commission, the
    17                 representatives or employees of the Interstate
    18                 Commission shall be held harmless in the amount
    19                 of a settlement or judgment, including attorney's
    20                 fees and costs, obtained against such persons
    21                 arising out of an actual or alleged act, error,
    22                 or omission that occurred within the scope of
    23                 Interstate Commission employment, duties, or
    24                 responsibilities, or that such persons had a
    25                 reasonable basis for believing occurred within
    26                 the scope of Interstate Commission employment,
    27                 duties, or responsibilities, provided that the
    28                 actual or alleged act, error, or omission did not
    29                 result from intentional or willful and wanton
    30                 misconduct on the part of such persons.
    20080H2566B3817                 - 24 -     

     1                            ARTICLE XII
     2         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
     3     A.  Rulemaking Authority - The Interstate Commission shall
     4         promulgate reasonable rules in order to effectively and
     5         efficiently achieve the purposes of this Compact.
     6         Notwithstanding the foregoing, in the event the
     7         Interstate Commission exercises its rulemaking authority
     8         in a manner that is beyond the scope of the purposes of
     9         this Act, or the powers granted hereunder, then such an
    10         action by the Interstate Commission shall be invalid and
    11         have no force or effect.
    12     B.  Rulemaking Procedure - Rules shall be made pursuant to a
    13         rulemaking process that substantially conforms to the
    14         "Model State Administrative Procedure Act," of 1981 Act,
    15         Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended,
    16         as may be appropriate to the operations of the Interstate
    17         Commission.
    18     C.  Not later than thirty (30) days after a rule is
    19         promulgated, any person may file a petition for judicial
    20         review of the rule; provided, that the filing of such a
    21         petition shall not stay or otherwise prevent the rule
    22         from becoming effective unless the court finds that the
    23         petitioner has a substantial likelihood of success. The
    24         court shall give deference to the actions of the
    25         Interstate Commission consistent with applicable law and
    26         shall not find the rule to be unlawful if the rule
    27         represents a reasonable exercise of the Interstate
    28         Commission's authority.
    29     D.  If a majority of the legislatures of the compacting
    30         states rejects a Rule by enactment of a statute or
    20080H2566B3817                 - 25 -     

     1         resolution in the same manner used to adopt the compact,
     2         then such rule shall have no further force and effect in
     3         any compacting state.
     4                            ARTICLE XIII
     5           OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
     6     A.  Oversight
     7             1.  The executive, legislative and judicial branches
     8                 of state government in each member state shall
     9                 enforce this compact and shall take all actions
    10                 necessary and appropriate to effectuate the
    11                 compact's purposes and intent. The provisions of
    12                 this compact and the rules promulgated hereunder
    13                 shall have standing as statutory law.
    14             2.  All courts shall take judicial notice of the
    15                 compact and the rules in any judicial or
    16                 administrative proceeding in a member state
    17                 pertaining to the subject matter of this compact
    18                 which may affect the powers, responsibilities or
    19                 actions of the Interstate Commission.
    20             3.  The Interstate Commission shall be entitled to
    21                 receive all service of process in any such
    22                 proceeding, and shall have standing to intervene
    23                 in the proceeding for all purposes. Failure to
    24                 provide service of process to the Interstate
    25                 Commission shall render a judgment or order void
    26                 as to the Interstate Commission, this compact or
    27                 promulgated rules.
    28     B.  Default, Technical Assistance, Suspension and Termination
    29         - If the Interstate Commission determines that a member
    30         state has defaulted in the performance of its obligations
    20080H2566B3817                 - 26 -     

     1         or responsibilities under this compact, or the bylaws or
     2         promulgated rules, the Interstate Commission shall:
     3             1.  Provide written notice to the defaulting state
     4                 and other member states, of the nature of the
     5                 default, the means of curing the default and any
     6                 action taken by the Interstate Commission. The
     7                 Interstate Commission shall specify the
     8                 conditions by which the defaulting state must
     9                 cure its default.
    10             2.  Provide remedial training and specific technical
    11                 assistance regarding the default.
    12             3.  If the defaulting state fails to cure the
    13                 default, the defaulting state shall be terminated
    14                 from the compact upon an affirmative vote of a
    15                 majority of the member states and all rights,
    16                 privileges and benefits conferred by this compact
    17                 shall be terminated from the effective date of
    18                 termination. A cure of the default does not
    19                 relieve the offending state of obligations or
    20                 liabilities incurred during the period of the
    21                 default.
    22             4.  Suspension or termination of membership in the
    23                 compact shall be imposed only after all other
    24                 means of securing compliance have been exhausted.
    25                 Notice of intent to suspend or terminate shall be
    26                 given by the Interstate Commission to the
    27                 Governor, the majority and minority leaders of
    28                 the defaulting state's legislature, and each of
    29                 the member states.
    30             5.  The state which has been suspended or terminated
    20080H2566B3817                 - 27 -     

     1                 is responsible for all assessments, obligations
     2                 and liabilities incurred through the effective
     3                 date of suspension or termination including
     4                 obligations, the performance of which extends
     5                 beyond the effective date of suspension or
     6                 termination.
     7             6.  The Interstate Commission shall not bear any
     8                 costs relating to any state that has been found
     9                 to be in default or which has been suspended or
    10                 terminated from the compact, unless otherwise
    11                 mutually agreed upon in writing between the
    12                 Interstate Commission and the defaulting state.
    13             7.  The defaulting state may appeal the action of the
    14                 Interstate Commission by petitioning the U.S.
    15                 District Court for the District of Columbia or
    16                 the federal district where the Interstate
    17                 Commission has its principal offices. The
    18                 prevailing party shall be awarded all costs of
    19                 such litigation including reasonable attorney's
    20                 fees.
    21     C.  Dispute Resolution
    22             1.  The Interstate Commission shall attempt, upon the
    23                 request of a member state, to resolve disputes
    24                 which are subject to the compact and which may
    25                 arise among member states and between member and
    26                 non-member states.
    27             2.  The Interstate Commission shall promulgate a rule
    28                 providing for both mediation and binding dispute
    29                 resolution for disputes as appropriate.
    30     D.  Enforcement
    20080H2566B3817                 - 28 -     

     1             1.  The Interstate Commission, in the reasonable
     2                 exercise of its discretion, shall enforce the
     3                 provisions and rules of this compact.
     4             2.  The Interstate Commission may, by majority vote
     5                 of the members, initiate legal action in the
     6                 United States District Court for the District of
     7                 Columbia or, at the discretion of the Interstate
     8                 Commission, in the federal district where the
     9                 Interstate Commission has its principal offices,
    10                 to enforce compliance with the provisions of the
    11                 compact, its promulgated rules and bylaws,
    12                 against a member state in default. The relief
    13                 sought may include both injunctive relief and
    14                 damages. In the event judicial enforcement is
    15                 necessary the prevailing party shall be awarded
    16                 all costs of such litigation including reasonable
    17                 attorney's fees.
    18             3.  The remedies herein shall not be the exclusive
    19                 remedies of the Interstate Commission. The
    20                 Interstate Commission may avail itself of any
    21                 other remedies available under state law or the
    22                 regulation of a profession.
    23                            ARTICLE XIV
    24               FINANCING OF THE INTERSTATE COMMISSION
    25     A.  The Interstate Commission shall pay, or provide for the
    26         payment of the reasonable expenses of its establishment,
    27         organization and ongoing activities.
    28     B.  The Interstate Commission may levy on and collect an
    29         annual assessment from each member state to cover the
    30         cost of the operations and activities of the Interstate
    20080H2566B3817                 - 29 -     

     1         Commission and its staff which must be in a total amount
     2         sufficient to cover the Interstate Commission's annual
     3         budget as approved each year. The aggregate annual
     4         assessment amount shall be allocated based upon a formula
     5         to be determined by the Interstate Commission, which
     6         shall promulgate a rule binding upon all member states.
     7     C.  The Interstate Commission shall not incur obligations of
     8         any kind prior to securing the funds adequate to meet the
     9         same; nor shall the Interstate Commission pledge the
    10         credit of any of the member states, except by and with
    11         the authority of the member state.
    12     D.  The Interstate Commission shall keep accurate accounts of
    13         all receipts and disbursements. The receipts and
    14         disbursements of the Interstate Commission shall be
    15         subject to the audit and accounting procedures
    16         established under its bylaws. However, all receipts and
    17         disbursements of funds handled by the Interstate
    18         Commission shall be audited yearly by a certified or
    19         licensed public accountant and the report of the audit
    20         shall be included in and become part of the annual report
    21         of the Interstate Commission.
    22                             ARTICLE XV
    23            MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
    24     A.  Any state is eligible to become a member state.
    25     B.  The compact shall become effective and binding upon
    26         legislative enactment of the compact into law by no less
    27         than ten (10) of the states. The effective date shall be
    28         no earlier than December 1, 2007. Thereafter it shall
    29         become effective and binding as to any other member state
    30         upon enactment of the compact into law by that state. The
    20080H2566B3817                 - 30 -     

     1         governors of non-member states or their designees shall
     2         be invited to participate in the activities of the
     3         Interstate Commission on a non-voting basis prior to
     4         adoption of the compact by all states.
     5     C.  The Interstate Commission may propose amendments to the
     6         compact for enactment by the member states. No amendment
     7         shall become effective and binding upon the Interstate
     8         Commission and the member states unless and until it is
     9         enacted into law by unanimous consent of the member
    10         states.
    11                            ARTICLE XVI
    12                     WITHDRAWAL AND DISSOLUTION
    13     A. Withdrawal
    14             1.  Once effective, the compact shall continue in
    15                 force and remain binding upon each and every
    16                 member state; provided that a member state may
    17                 withdraw from the compact specifically repealing
    18                 the statute, which enacted the compact into law.
    19             2.  Withdrawal from this compact shall be by the
    20                 enactment of a statute repealing the same, but
    21                 shall not take effect until one (1) year after
    22                 the effective date of such statute and until
    23                 written notice of the withdrawal has been given
    24                 by the withdrawing state to the Governor of each
    25                 other member jurisdiction.
    26             3.  The withdrawing state shall immediately notify
    27                 the chairperson of the Interstate Commission in
    28                 writing upon the introduction of legislation
    29                 repealing this compact in the withdrawing state.
    30                 The Interstate Commission shall notify the other
    20080H2566B3817                 - 31 -     

     1                 member states of the withdrawing state's intent
     2                 to withdraw within sixty (60) days of its receipt
     3                 thereof.
     4             4.  The withdrawing state is responsible for all
     5                 assessments, obligations and liabilities incurred
     6                 through the effective date of withdrawal,
     7                 including obligations, the performance of which
     8                 extend beyond the effective date of withdrawal.
     9             5.  Reinstatement following withdrawal of a member
    10                 state shall occur upon the withdrawing state
    11                 reenacting the compact or upon such later date as
    12                 determined by the Interstate Commission.
    13     B.  Dissolution of Compact
    14             1.  This compact shall dissolve effective upon the
    15                 date of the withdrawal or default of the member
    16                 state which reduces the membership in the compact
    17                 to one (1) member state.
    18             2.  Upon the dissolution of this compact, the compact
    19                 becomes null and void and shall be of no further
    20                 force or effect, and the business and affairs of
    21                 the Interstate Commission shall be concluded and
    22                 surplus funds shall be distributed in accordance
    23                 with the bylaws.
    24                            ARTICLE XVII
    25                   SEVERABILITY AND CONSTRUCTION
    26     A.  The provisions of this compact shall be severable, and if
    27         any phrase, clause, sentence or provision is deemed
    28         unenforceable, the remaining provisions of the compact
    29         shall be enforceable.
    30     B.  The provisions of this compact shall be liberally
    20080H2566B3817                 - 32 -     

     1         construed to effectuate its purposes.
     2     C.  Nothing in this compact shall be construed to prohibit
     3         the applicability of other interstate compacts to which
     4         the states are members.
     5                           ARTICLE XVIII
     6              BINDING EFFECT OF COMPACT AND OTHER LAWS
     7     A.  Other Laws
     8             1.  Nothing herein prevents the enforcement of any
     9                 other law of a member state that is not
    10                 inconsistent with this compact.
    11             2.  All member states' laws conflicting with this
    12                 compact are superseded to the extent of the
    13                 conflict.
    14     B.  Binding Effect of the Compact
    15             1.  All lawful actions of the Interstate Commission,
    16                 including all rules and bylaws promulgated by the
    17                 Interstate Commission, are binding upon the
    18                 member states.
    19             2.  All agreements between the Intrastate Commission
    20                 and the member states are binding in accordance
    21                 with their terms.
    22             3.  In the event any provision of this compact
    23                 exceeds the constitutional limits imposed on the
    24                 legislature of any member state, such provision
    25                 shall be ineffective to the extent of the
    26                 conflict with the constitutional provision in
    27                 question in that member state.
    28  Section 3.  When and how compact becomes operative.
    29     (a)  General rule.--When the Governor executes the Interstate
    30  Compact on Educational Opportunity for Military Children on
    20080H2566B3817                 - 33 -     

     1  behalf of this State and files a verified copy thereof with the
     2  Secretary of the Commonwealth and when the compact is ratified
     3  by at least ten other states, then the compact shall become
     4  operative and effective between this State and such other
     5  states. The Governor is hereby authorized and directed to take
     6  such action as may be necessary to complete the exchange of
     7  official documents between this State and any other state
     8  ratifying the compact.
     9     (b)  Notice in Pennsylvania Bulletin.--The Secretary of the
    10  Commonwealth shall publish a notice in the Pennsylvania Bulletin
    11  when the conditions set forth in subsection (a) are satisfied
    12  and shall include in the notice the date on which the compact
    13  became effective and operative between this State and any other
    14  states in accordance with this act.
    15  Section 4.  State Council on Interstate Educational Opportunity
    16                 for Military Children.
    17     (a)  Establishment.--Consistent with Article VIII of the
    18  Interstate Compact on Educational Opportunity for Military
    19  Children, there is hereby established the State Council on
    20  Interstate Educational Opportunity for Military Children. The
    21  council shall conduct all business pursuant to 65 Pa.C.S. Ch. 7
    22  (relating to open meeting), the former act of June 21, 1957
    23  (P.L.390, No.212), referred to as the Right-to-Know Law, or the
    24  act of February 14, 2008 (P.L.   , No.3), known as the Right-to-
    25  Know Law. The council shall consist of nine members, four of
    26  whom shall be appointed by the Governor. At least one member
    27  shall be the compact administrator. The President pro tempore of
    28  the Senate, the Minority Leader of the Senate, the Speaker of
    29  the House of Representatives and the Minority Leader of the
    30  House of Representatives shall each appoint a member of the
    20080H2566B3817                 - 34 -     

     1  General Assembly to serve as a member of the council.
     2     (b)  Terms.--The term of a member of the council hereafter
     3  appointed, except to fill a vacancy, shall be four years and
     4  until a successor has been appointed, but in no event more than
     5  90 days beyond the expiration of the appointed term. The term of
     6  a member of the council who is appointed by virtue of serving as
     7  a member of the General Assembly shall continue only as long as
     8  the individual remains in that office.
     9     (c)  Vacancy.--A vacancy occurring in an office of a member
    10  of the council for any reason shall be filled by the appointing
    11  authority for the remainder of the term.
    12  Section 5.  Appointment of administrator.
    13     The compact administrator shall be appointed by the Governor
    14  and shall serve as a member of the State Council on Interstate
    15  Educational Opportunity for Military Children and shall serve on
    16  the Interstate Commission on Educational Opportunity for
    17  Military Children established pursuant to Article IX of the
    18  Interstate Compact on Educational Opportunity for Military
    19  Children.
    20  Section 6.  Compensation and expenses of administrator.
    21     The compact administrator who represents this State under the
    22  Interstate Compact on Educational Opportunity for Military
    23  Children shall not be entitled to any additional compensation
    24  for his duties and responsibilities as compact administrator but
    25  shall be entitled to reimbursement for reasonable expenses
    26  actually incurred in connection with his duties and
    27  responsibilities as compact administrator in the same manner as
    28  for expenses incurred in connection with other duties and
    29  responsibilities of his office or employment.
    30  Section 7.  Effective date.
    20080H2566B3817                 - 35 -     

     1     This act shall take effect immediately.




















    B21L24DMS/20080H2566B3817       - 36 -