PRINTER'S NO. 3817
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 -