SB 176: "An Act relating to an interstate compact on educational opportunity for military children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date."
00 SENATE BILL NO. 176 01 "An Act relating to an interstate compact on educational opportunity for military 02 children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14 is amended by adding a new chapter to read: 06 Chapter 34. Interstate Compact on Educational Opportunity for Military Children. 07 Sec. 14.34.010. Compact enacted. The Interstate Compact on Educational 08 Opportunity for Military Children as contained in this section is enacted into law and 09 entered into on behalf of the state with all other states and jurisdictions legally joining 10 in it in a form substantially as follows: 11 INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR 12 MILITARY CHILDREN 13 ARTICLE I 14 PURPOSE
01 It is the purpose of this compact to remove barriers to educational success 02 imposed on children of military families because of frequent moves and deployment 03 of their parents by 04 (1) facilitating the timely enrollment of children of military families and 05 ensuring that they are not placed at a disadvantage due to difficulty in the transfer of 06 education records from one or more previous school districts or variations in entrance 07 and age requirements; 08 (2) facilitating the student placement process through which children of 09 military families are not disadvantaged by variations in attendance requirements, 10 scheduling, sequencing, grading, course content, or assessment; 11 (3) facilitating the qualification and eligibility for enrollment, educational 12 programs, and participation in extracurricular academic, athletic, and social activities; 13 (4) facilitating the on-time graduation of children of military families; 14 (5) providing for the promulgation and enforcement of administrative 15 rules implementing the provisions of this compact; 16 (6) providing for the uniform collection and sharing of information 17 between and among member states, schools, and military families under this compact; 18 (7) promoting coordination between this compact and other compacts 19 affecting military children; and 20 (8) promoting flexibility and cooperation between the educational system, 21 parents, and the student in order to achieve educational success for the student. 22 ARTICLE II 23 DEFINITIONS 24 As used in this compact, unless the context clearly requires a different 25 construction, 26 (1) "active duty" means full-time duty status in the active uniformed 27 service of the United States, including members of the National Guard and Reserve on 28 active duty orders under 10 U.S.C. 1209 and 1211; 29 (2) "children of military families" means one or more school-aged 30 children, enrolled in kindergarten through 12th grade, in the household of an active duty 31 member;
01 (3) "compact commissioner" means the voting representative of each 02 compacting state appointed under art. VIII of this compact; 03 (4) "deployment" means the period one month before the service 04 member's departure from the member's home station on military orders through six 05 months after return to the member's home station; 06 (5) "education records or educational records" means those official 07 records, files, and data directly related to a student and maintained by the school or local 08 education agency, including but not limited to records encompassing all the material kept 09 in the student's cumulative folder such as general identifying data, records of attendance 10 and of academic work completed, records of achievement and results of evaluative tests, 11 health data, disciplinary status, test protocols, and individualized education programs; 12 (6) "extracurricular activities" 13 (A) means a voluntary activity sponsored by the school or local 14 education agency or an organization sanctioned by the local education agency; 15 (B) include, but are not limited to, preparation for and 16 involvement in public performances, contests, athletic competitions, 17 demonstrations, displays, and club activities; 18 (7) "Interstate Commission on Educational Opportunity for Military 19 Children" means the commission that is created under art. IX of this compact, which is 20 generally referred to as Interstate Commission; 21 (8) "local education agency" means a public authority legally constituted 22 by the state as an administrative agency to provide control of and direction for 23 kindergarten through 12th grade public educational institutions; 24 (9) "member state" means a state that has enacted this compact; 25 (10) "military installation" 26 (A) means a base, camp, post, station, yard, center, homeport 27 facility for any ship, or other activity under the jurisdiction of the Department of 28 Defense, including any leased facility, which is located within any of the several 29 States, District of Columbia, the Commonwealth of Puerto Rico, the United 30 States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands 31 and any other United States Territory;
01 (B) does not include any facility used primarily for civil works, 02 rivers and harbors projects, or flood control projects; 03 (11) "non-member state" means a state that has not enacted this compact; 04 (12) "receiving state" means the state to which a child of a military family 05 is sent, brought, or caused to be sent or brought; 06 (13) "rule" 07 (A) means a written statement by the Interstate Commission 08 promulgated under art. XII of this compact that is of general applicability, 09 implements, interprets, or prescribes a policy or provision of the Compact, or an 10 organizational, procedural, or practice requirement of the Interstate Commission, 11 and has the force and effect of statutory law in a member state; 12 (B) includes the amendment, repeal, or suspension of an existing 13 rule; 14 (14) "sending state" means the state from which a child of a military 15 family is sent, brought, or caused to be sent or brought; 16 (15) "state" means a state of the United States, the District of Columbia, 17 the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American 18 Samoa, the Northern Marianas Islands, and any other United States Territory; 19 (16) "student" means the child of a military family for whom the local 20 education agency receives public funding and who is formally enrolled in kindergarten 21 through 12th grade; 22 (17) "transition" 23 (A) means the formal and physical process of transferring from 24 school to school; 25 (B) the period of time in which a student moves from one school 26 in the sending state to another school in the receiving state; 27 (18) "uniformed service" means the Army, Navy, Air Force, Marine 28 Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and 29 Atmospheric Administration, and Public Health Services; 30 (19) "veteran" means a person who served in the uniformed services 31 and who was discharged or released from the uniformed services under conditions
01 other than dishonorable. 02 ARTICLE III 03 APPLICABILITY 04 (a) Except as otherwise provided in sec. (b) of this article, this compact shall 05 apply to the children of 06 (1) active duty members of the uniformed services as defined in this 07 compact, including members of the National Guard and Reserve on active duty orders 08 under 10 U.S.C. 1209 and 1211; 09 (2) members or veterans of the uniformed services who are severely 10 injured and medically discharged or retired for a period of one year after medical 11 discharge or retirement; and 12 (3) members of the uniformed services who die on active duty or as a 13 result of injuries sustained on active duty for a period of one year after death. 14 (b) The provisions of this interstate compact shall only apply to local education 15 agencies as defined in this compact. 16 (c) The provisions of this compact shall not apply to the children of 17 (1) inactive members of the national guard and military reserves; 18 (2) members of the uniformed services now retired, except as provided 19 in sec. (a) of this article; 20 (3) veterans of the uniformed services, except as provided in sec. (a) of 21 this article; and 22 (4) other United States Department of Defense personnel and other 23 federal agency civilian and contract employees not defined as active duty members of 24 the uniformed services. 25 ARTICLE IV 26 EDUCATIONAL RECORDS AND ENROLLMENT 27 (a) Unofficial hand-carried education records. In the event that official 28 education records cannot be released to the parents for the purpose of transfer, the 29 custodian of the records in the sending state shall prepare and furnish to the parent a 30 complete set of unofficial educational records containing uniform information as 31 determined by the Interstate Commission. Upon receipt of the unofficial education
01 records by a school in the receiving state, the school shall enroll and appropriately 02 place the student based on the information provided in the unofficial records pending 03 validation by the official records, as quickly as possible. 04 (b) Official education records and transcripts. Simultaneous with the 05 enrollment and conditional placement of the student, the school in the receiving state 06 shall request the student's official education record from the school in the sending 07 state. Upon receipt of this request, the school in the sending state will process and 08 furnish the official education records to the school in the receiving state within 10 09 days or within such time as is reasonably determined under the rules promulgated by 10 the Interstate Commission. 11 (c) Immunizations. Compacting states shall give 30 days from the date of 12 enrollment or within such time as is reasonable determined under the rules 13 promulgated by the Interstate Commission, for students to obtain one or more 14 immunizations required by the receiving state. For a series of immunizations, initial 15 vaccinations must be obtained within 30 days or within such time as is reasonably 16 determined under the rules promulgated by the Interstate Commission. 17 (d) Kindergarten and first grade entrance age. Students shall be allowed to 18 continue their enrollment at grade level in the receiving state commensurate with their 19 grade level, including kindergarten, from a local education agency in the sending state 20 at the time of transition, regardless of age. A student that has satisfactorily completed 21 the prerequisite grade level in the local education agency in the sending state shall be 22 eligible for enrollment in the next highest grade level in the receiving state, regardless 23 of age. A student transferring after the start of the school year in the receiving state 24 shall enter the school in the receiving state on their validated level from an accredited 25 school in the sending state. 26 ARTICLE V 27 PLACEMENT AND ATTENDANCE 28 (a) Course placement 29 (1) when the student transfers before or during the school year, the 30 receiving state school shall initially honor placement of the student in educational 31 courses based on the student's enrollment in the sending state school or educational
01 assessments or both conducted at the school in the sending state if the courses are 02 offered; course placement includes but is not limited to 03 (A) honors; 04 (B) international baccalaureate; 05 (C) advanced placement; and 06 (D) vocational, technical, and career pathways courses; 07 (2) continuing the student's academic program from the previous school 08 and promoting placement in academically and career challenging courses should be 09 paramount when considering placement; this does not preclude the school in the 10 receiving state from performing subsequent evaluations to ensure appropriate 11 placement and continued enrollment of the student in one or more courses. 12 (b) Educational program placement 13 (1) the receiving state school shall initially honor placement of the 14 student in educational programs based on current educational assessments conducted 15 at the school in the sending state or participation and placement in like programs in the 16 sending state; these programs include, but are not limited to 17 (A) gifted and talented programs; and 18 (B) English as a second language; 19 (2) this does not preclude the school in the receiving state from 20 performing subsequent evaluations to ensure appropriate placement of the student. 21 (c) Special education services 22 (1) in compliance with the federal requirements of the Individuals with 23 Disabilities Education Act, 20 U.S.C.A. 1400 et seq., the receiving state shall initially 24 provide comparable services to a student with disabilities based on the student's 25 current Individualized Education Program; and 26 (2) in compliance with the requirements of Section 504 of the 27 Rehabilitation Act, 29 U.S.C.A. 794, and with Title II of the Americans with 28 Disabilities Act, 42 U.S.C.A. 12131-12165, the receiving state shall make reasonable 29 accommodations and modifications to address the needs of incoming students with 30 disabilities, subject to an existing Section 504 of the Rehabilitation Act or Title II of 31 the Americans with Disabilities Act plan, to provide the student with equal access to
01 education; this does not preclude the school in the receiving state from performing 02 subsequent evaluations to ensure appropriate placement of the student. 03 (d) Placement flexibility. Local education agency administrative officials shall 04 have flexibility in waiving course and program prerequisites, or other preconditions 05 for placement in courses and programs offered under the jurisdiction of the local 06 education agency. 07 (e) Absence as related to deployment activities. A student whose parent or 08 legal guardian is an active duty member of the uniformed services, as defined by the 09 compact, and has been called to duty for, is on leave from, or immediately returned 10 from deployment to a combat zone or combat support posting, shall be granted 11 additional excused absences at the discretion of the local education agency 12 superintendent to visit with the student's parent or legal guardian relative to leave or 13 deployment of the parent or guardian. 14 ARTICLE VI 15 ELIGIBILITY 16 (a) Eligibility for enrollment 17 (1) special power of attorney, relative to the guardianship of a child of a 18 military family and executed under applicable law shall be sufficient for the purposes 19 of enrollment and all other actions requiring parental participation and consent; 20 (2) a local education agency shall be prohibited from charging local 21 tuition to a transitioning military child placed in the care of a non-custodial parent or 22 other person standing in loco parentis who lives in a jurisdiction other than that of the 23 custodial parent; and 24 (3) a transitioning military child, placed in the care of a non-custodial 25 parent or other person standing in loco parentis who lives in a jurisdiction other than 26 that of the custodial parent, may continue to attend the school in which the student was 27 enrolled while residing with the custodial parent. 28 (b) Eligibility for extracurricular participation. State and local education 29 agencies shall facilitate the opportunity for transitioning military children's inclusion 30 in extracurricular activities, regardless of application deadlines, to the extent they are 31 otherwise qualified.
01 ARTICLE VII 02 GRADUATION 03 In order to facilitate the on-time graduation of children of military families 04 states and local education agencies shall incorporate the following procedures: 05 (1) Waiver requirements. Local education agency administrative 06 officials shall waive specific courses required for graduation if similar course work 07 has been satisfactorily completed in another local education agency or shall provide 08 reasonable justification for denial; should a waiver not be granted to a student who 09 would qualify to graduate from the sending school, the local education agency shall 10 provide an alternative means of acquiring required coursework so that graduation may 11 occur on time; 12 (2) Exit exams. States shall accept 13 (A) exit or end-of-course exams required for graduation from 14 the sending state; 15 (B) national norm-referenced achievement tests; or 16 (C) alternative testing, in lieu of testing requirements for 17 graduation in the receiving state. 18 (3) Other means. If the alternatives described in art. VII, secs. (1) and 19 (2) cannot be accommodated by the receiving state for a student transferring in the 20 student's senior year, then the provisions of art. VII, sec. (4) shall apply; 21 (4) Transfers during senior year. Should a military student transferring 22 at the beginning or during the student's senior year be ineligible to graduate from the 23 receiving local education agency after all alternatives have been considered, the 24 sending and receiving local education agencies shall ensure the receipt of a diploma 25 from the sending local education agency, if the student meets the graduation 26 requirements of the sending local education agency; if one of the states in question is 27 not a member of this compact, the member state shall use best efforts to facilitate the 28 on-time graduation of the student in accordance with art. VII, secs. (1) and (2). 29 ARTICLE VIII 30 STATE COORDINATION 31 (a) Each member state shall, through the creation of a State Council or use of
01 an existing body or board, provide for the coordination among its agencies of 02 government, local education agencies, and military installations concerning the state's 03 participation in, and compliance with, this compact and Interstate Commission 04 activities. While each member state may determine the membership of its own State 05 Council, its membership must include at least 06 (1) the state superintendent of education; 07 (2) the superintendent of a school district with a high concentration of 08 military children; 09 (3) a representative from a military installation; 10 (4) one representative each from the legislative and executive branches 11 of government; and 12 (5) a representative from other offices and stakeholder groups that the 13 State Council considers appropriate. 14 (b) A member state that does not have a school district considered to contain a 15 high concentration of military children may appoint a superintendent from another 16 school district to represent local education agencies on the State Council. 17 (c) The State Council of each member state shall appoint or designate a 18 military family education liaison to assist military families and the state in facilitating 19 the implementation of this compact. 20 (d) The compact commissioner responsible for the administration and 21 management of the state's participation in the compact shall be appointed by the 22 governor or as otherwise determined by each member state. 23 (e) The compact commissioner and the military family education liaison 24 designated under the compact shall be ex-officio members of the State Council, unless 25 either is already a full voting member of the State Council. 26 ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL 27 OPPORTUNITY FOR MILITARY CHILDREN 28 The member states create the Interstate Commission on Educational 29 Opportunity for Military Children. The activities of the Interstate Commission are the 30 formation of public policy and are a discretionary state function. The Interstate 31 Commission shall
01 (1) be a body corporate and joint agency of the member states and shall 02 have all the responsibilities, powers, and duties set out in this compact, and additional 03 powers as may be conferred upon it by a subsequent concurrent action of the 04 respective legislatures of the member states in accordance with the terms of this 05 compact; 06 (2) consist of one Interstate Commission voting representative from 07 each member state who shall be that state's compact commissioner; 08 (A) each member state represented at a meeting of the Interstate 09 Commission is entitled to one vote; 10 (B) a majority of the total member states shall constitute a 11 quorum for the transaction of business, unless a larger quorum is required by 12 the bylaws of the Interstate Commission; 13 (C) a representative may not delegate a vote to another member 14 state; if the compact commissioner is unable to attend a meeting of the 15 Interstate Commission, the governor or State Council may delegate voting 16 authority to another person from their state for a specified meeting; 17 (D) the bylaws may provide for meetings of the Interstate 18 Commission to be conducted by telecommunication or electronic 19 communication; 20 (3) consist of ex-officio, non-voting representatives who are members 21 of interested organizations; the ex-officio members, as defined in the bylaws, may 22 include but not be limited to 23 (A) members of the representative organizations of military 24 family advocates; 25 (B) local education agency officials; 26 (C) parent and teacher groups; 27 (D) the United States Department of Defense; 28 (E) the Education Commission of the States; 29 (F) the Interstate Agreement on the Qualification of Educational 30 Personnel and other interstate compacts affecting the education of children of 31 military members;
01 (4) meet at least once each calendar year; the chairperson may call 02 additional meetings and, upon the request of a simple majority of the member states, 03 shall call additional meetings; 04 (5) establish an executive committee, whose members shall include the 05 officers of the Interstate Commission and the other members of the Interstate 06 Commission as determined by the bylaws; members of the executive committee shall 07 serve a one year term; members of the executive committee shall be entitled to one 08 vote each; the executive committee shall have the power to act on behalf of the 09 Interstate Commission, with the exception of rulemaking, during periods when the 10 Interstate Commission is not in session; the executive committee shall oversee the 11 day-to-day activities of the administration of the compact including enforcement and 12 compliance with the provisions of the compact, its bylaws and rules, and other duties 13 as considered necessary; the United States Department of Defense shall serve as an ex- 14 officio, nonvoting member of the executive committee; 15 (6) establish bylaws and rules that provide for conditions and 16 procedures under which the Interstate Commission shall make its information and 17 official records available to the public for inspection or copying; the Interstate 18 Commission may exempt from disclosure information or official records to the extent 19 they would adversely affect personal privacy rights or proprietary interests; 20 (7) give public notice of all meetings and all meetings shall be open to 21 the public, except as set out in the rules or as otherwise provided in the compact; the 22 Interstate Commission and its committees may close a meeting, or portion of an open 23 meeting, if it determines by two-thirds vote that an open meeting would be likely to 24 (A) relate solely to the Interstate Commission's internal 25 personnel practices and procedures; 26 (B) disclose matters specifically exempted from disclosure by 27 federal and state statute; 28 (C) disclose trade secrets or commercial or financial 29 information which is privileged or confidential; 30 (D) involve accusing a person of a crime, or formally censuring 31 a person;
01 (E) disclose information of a personal nature where disclosure 02 would constitute a clearly unwarranted invasion of personal privacy; 03 (F) disclose investigative records compiled for law enforcement 04 purposes; or 05 (G) specifically relate to the Interstate Commission's 06 participation in a civil action or other legal proceeding; 07 (8) cause its legal counsel or designee to certify that a meeting may be 08 closed and shall reference each relevant exemptible provision for any meeting, or 09 portion of a meeting, which is closed under this provision; the Interstate Commission 10 shall keep minutes, which shall fully and clearly describe all matters discussed in a 11 meeting and shall provide a full and accurate summary of actions taken, and the 12 reasons therefore, including a description of the views expressed and the record of a 13 roll call vote; all documents considered in connection with an action shall be identified 14 in such minutes; all minutes and documents of a closed meeting shall remain under 15 seal, subject to release by a majority vote of the Interstate Commission; 16 (9) collect standardized data concerning the educational transition of 17 the children of military families under this compact as directed through its rules which 18 shall specify the data to be collected, the means of collection and data exchange and 19 reporting requirements; such methods of data collection, exchange, and reporting 20 shall, in so far as is reasonably possible, conform to current technology and coordinate 21 its information functions with the appropriate custodian of records as identified in the 22 bylaws and rules; and 23 (10) create a process that permits military officials, education officials, 24 and parents to inform the Interstate Commission if and when there are alleged 25 violations of the compact or its rules or when issues subject to the jurisdiction of the 26 compact or its rules are not addressed by the state or local education agency; this 27 section shall not be construed to create a private right of action against the Interstate 28 Commission or any member state. 29 ARTICLE X 30 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 31 The Interstate Commission shall have the following powers:
01 (1) to provide for dispute resolution among member states; 02 (2) to promulgate rules and take all necessary actions to effect the 03 goals, purposes, and obligations as enumerated in this compact; the rules shall have 04 the force and effect of statutory law and shall be binding in the compact states to the 05 extent and in the manner provided in this compact; 06 (3) to issue, upon request of a member state, advisory opinions 07 concerning the meaning or interpretation of the interstate compact, its bylaws, rules, 08 and actions; 09 (4) to enforce compliance with the compact provisions, the rules, 10 promulgated by the Interstate Commission, and the bylaws, using all necessary and 11 proper means, including but not limited to the use of judicial process; 12 (5) to establish and maintain offices which shall be located within one 13 or more of the member states; 14 (6) to purchase and maintain insurance and bonds; 15 (7) to borrow, accept, hire, or contract for services of personnel; 16 (8) to establish and appoint committees including, but not limited to, an 17 executive committee as required by art. IX, sec. 5, which shall have the power to act 18 on behalf of the Interstate Commission in carrying out its powers and duties under the 19 compact; 20 (9) to elect or appoint such officers, attorneys, employees, agents, or 21 consultants, and to fix their compensation, define their duties, and determine their 22 qualifications; and to establish the Interstate Commission's personnel policies and 23 programs relating to conflicts of interest, rates of compensation, and qualifications of 24 personnel; 25 (10) to accept any and all donations and grants of money, equipment, 26 supplies, materials, and services, and to receive, utilize, and dispose of it; 27 (11) to lease, purchase, accept contributions or donations of, or 28 otherwise to own, hold, improve, or use any property, real, personal, or mixed; 29 (12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or 30 otherwise dispose of any property, real, personal, or mixed; 31 (13) to establish a budget and make expenditures;
01 (14) to adopt a seal and bylaws governing the management and 02 operation of the Interstate Commission; 03 (15) to report annually to the legislatures, governors, judiciary, and 04 state councils of the member states concerning the activities of the Interstate 05 Commission during the preceding year; the reports shall also include any 06 recommendations that may have been adopted by the Interstate Commission; 07 (16) to coordinate education, training, and public awareness regarding 08 the compact, its implementation and operation for officials and parents involved in the 09 activity; 10 (17) to establish uniform standards for the reporting, collecting, and 11 exchanging of data; 12 (18) to maintain corporate books and records in accordance with the 13 bylaws; 14 (19) to perform such functions as may be necessary or appropriate to 15 achieve the purposes of this compact; and 16 (20) to provide for the uniform collection and sharing of information 17 between and among member states, schools, and military families under this compact. 18 ARTICLE XI 19 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 20 (a) The Interstate Commission shall, by a majority of the members present and 21 voting, within 12 months after the first Interstate Commission meeting, adopt bylaws 22 to govern its conduct as may be necessary or appropriate to carry out the purposes of 23 the compact, including, but not limited to 24 (1) establishing the fiscal year of the Interstate Commission; 25 (2) establishing an executive committee, and other committees as may 26 be necessary; 27 (3) providing for the establishment of committees and for governing 28 any general or specific delegation of authority or function of the Interstate 29 Commission; 30 (4) providing reasonable procedures for calling and conducting 31 meetings of the Interstate Commission, and ensuring reasonable notice of each
01 meeting; 02 (5) establishing the titles and responsibilities of the officers and staff of 03 the Interstate Commission; 04 (6) providing a mechanism for concluding the operations of the 05 Interstate Commission and the return of surplus funds that may exist upon the 06 termination of the compact after the payment and reserving of all its debts and 07 obligations; and 08 (7) providing start-up rules for initial administration of the compact. 09 (b) The Interstate Commission shall, by a majority of the members, elect 10 annually from among its members a chairperson, a vice-chairperson, and a treasurer, 11 each of whom shall have such authority and duties as may be specified in the bylaws. 12 The chairperson or, in the chairperson's absence or disability, the vice-chairperson, 13 shall preside at all meetings of the Interstate Commission. The officers shall serve 14 without compensation or remuneration from the Interstate Commission; if, subject to 15 the availability of budgeted funds, the officers are reimbursed for ordinary and 16 necessary costs and expenses incurred by them in the performance of their 17 responsibilities as officers of the Interstate Commission. 18 (c) Executive Committee, Officers, and Personnel 19 (1) the executive committee shall have such authority and duties as may 20 be set out in the bylaws, including, but not limited to 21 (A) managing the affairs of the Interstate Commission in a 22 manner consistent with the bylaws and purposes of the Interstate Commission; 23 (B) overseeing an organizational structure within, and 24 appropriate procedures for the Interstate Commission to provide for the 25 creation of rules, operating procedures, and administrative and technical 26 support functions; and 27 (C) planning, implementing, and coordinating communications 28 and activities with other state, federal, and local government organizations in 29 order to advance the goals of the Interstate Commission; 30 (2) the executive committee may, subject to the approval of the 31 Interstate Commission, appoint or retain an executive director for the period, upon the
01 terms and conditions and for such compensation, as the Interstate Commission may 02 consider appropriate; the executive director shall serve as secretary to the Interstate 03 Commission, but shall not be a member of the Interstate Commission; the executive 04 director shall hire and supervise other persons as may be authorized by the Interstate 05 Commission. 06 (d) The Interstate Commission's executive director and its employees shall be 07 immune from suit and liability, either personally or in their official capacity, for a 08 claim for damage to or loss of property or personal injury or other civil liberty caused 09 or arising out of or relating to an actual or alleged act, error, or omission that occurred, 10 or that such person had a reasonable basis for believing occurred, within the scope of 11 Interstate Commission employment, duties or responsibilities; if, that person is not 12 protected from suit or liability for damage, loss, injury, or liability caused by the 13 intentional or willful and wanton misconduct of the person. The following standards 14 apply: 15 (1) the liability of the Interstate Commission's executive director and 16 employees or Interstate Commission representatives, acting within the scope of the 17 person's employment or duties for acts, errors, or omissions occurring within the 18 person's state may not exceed the limits of liability set out under the Constitution and 19 laws of that state for state officials, employees, and agents; the Interstate Commission 20 is considered to be an instrumentality of the states for the purposes of any such action; 21 nothing in this subsection shall be construed to protect such person from suit or 22 liability for damage, loss, injury, or liability caused by the intentional or willful and 23 wanton misconduct on the part of such person; 24 (2) the Interstate Commission shall defend the executive director and 25 its employees and, subject to the approval of the attorney general or other appropriate 26 legal counsel of the member state represented by an Interstate Commission 27 representative, shall defend such Interstate Commission representative in any civil 28 action seeking to impose liability arising out of an actual or alleged act, error, or 29 omission that occurred within the scope of Interstate Commission employment, duties 30 or responsibilities, or that the defendant had a reasonable basis for believing occurred 31 within the scope of Interstate Commission employment, duties, or responsibilities, if
01 the actual or alleged act, error, or omission did not result from intentional or willful 02 and wanton misconduct on the part of such person; 03 (3) to the extent not covered by the state involved, member state, or the 04 Interstate Commission, the representatives or employees of the Interstate Commission 05 shall be held harmless in the amount of a settlement or judgment, including attorney's 06 fees and costs, obtained against such persons arising out of an actual or alleged act, 07 error, or omission that occurred within the scope of Interstate Commission 08 employment, duties, or responsibilities, or that the persons had a reasonable basis for 09 believing occurred within the scope of Interstate Commission employment, duties, or 10 responsibilities, provided that the actual or alleged act, error, or omission did not result 11 from intentional or willful and wanton misconduct on the part of such persons. 12 ARTICLE XII 13 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 14 (a) Rulemaking authority. The Interstate Commission shall promulgate 15 reasonable rules in order to effectively and efficiently achieve the purposes of this 16 compact. Notwithstanding the provisions of this subsection, if the Interstate 17 Commission exercises its rulemaking authority in a manner that is beyond the scope of 18 the purposes of this Act, or the powers granted hereunder, then such an action by the 19 Interstate Commission shall be invalid and have no force or effect. 20 (b) Rulemaking procedure. Rules shall be made under a rulemaking process 21 that substantially conforms to the "Model State Administrative Procedure Act," of 22 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be 23 appropriate to the operations of the Interstate Commission. 24 (c) Not later than 30 days after a rule is promulgated, any person may file a 25 petition for judicial review of the rule; if, that the filing of such a petition shall not stay 26 or otherwise prevent the rule from becoming effective unless the court finds that the 27 petitioner has a substantial likelihood of success. The court shall give deference to the 28 actions of the Interstate Commission consistent with applicable law and shall not find 29 the rule to be unlawful if the rule represents a reasonable exercise of the Interstate 30 Commission's authority. 31 (d) If a majority of the legislatures of the compacting states rejects a rule by
01 enactment of a statute or resolution in the same manner used to adopt the compact, 02 then the rule shall have no further force and effect in any compacting state. 03 ARTICLE XIII 04 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 05 (a) Oversight 06 (1) the executive, legislative, and judicial branches of state government 07 in each member state shall enforce this compact and shall take all actions necessary 08 and appropriate to effectuate the compact's purposes and intent; the provisions of this 09 compact and the rules promulgated hereunder shall have standing as statutory law; 10 (2) all courts shall take judicial notice of the compact and the rules in 11 any judicial or administrative proceeding in a member state pertaining to the subject 12 matter of this compact which may affect the powers, responsibilities, or actions of the 13 Interstate Commission; 14 (3) the Interstate Commission shall be entitled to receive all service of 15 process in any such proceeding, and shall have standing to intervene in the proceeding 16 for all purposes; failure to provide service of process to the Interstate Commission 17 shall render a judgment or order void as to the Interstate Commission, this compact, or 18 promulgated rules; 19 (b) Default, technical assistance, suspension, and termination. If the Interstate 20 Commission determines that a member state has defaulted in the performance of its 21 obligations or responsibilities under this compact, or the bylaws or promulgated rules, 22 the Interstate Commission shall 23 (1) provide written notice to the defaulting state and other member 24 states, of the nature of the default, the means of curing the default and any action taken 25 by the Interstate Commission; the Interstate Commission shall specify the conditions 26 by which the defaulting state must cure its default; 27 (2) provide remedial training and specific technical assistance 28 regarding the default; 29 (3) if the defaulting state fails to cure the default, the defaulting state 30 shall be terminated from the compact upon an affirmative vote of a majority of the 31 member states and all rights, privileges, and benefits conferred by this compact shall
01 be terminated from the effective date of termination; a cure of the default does not 02 relieve the offending state of obligations or liabilities incurred during the period of 03 default; 04 (4) suspension or termination of membership in the compact shall be 05 imposed only after all other means of securing compliance have been exhausted; 06 notice of intent to suspend or terminate shall be given by the Interstate Commission to 07 the governor, the majority and minority leaders of the defaulting state's legislature, and 08 each of the member states; 09 (5) the state that has been suspended or terminated is responsible for all 10 assessments, obligations, and liabilities incurred through the effective date of 11 suspension or termination including obligations, the performance of which extends 12 beyond the effective date of suspension or termination; 13 (6) the Interstate Commission does not bear any costs relating to any 14 state that has been found to be in default or which has been suspended or terminated 15 from the compact, unless otherwise mutually agreed upon in writing between the 16 Interstate Commission and the defaulting state; 17 (7) the defaulting state may appeal the action of the Interstate 18 Commission by petitioning the United States District Court for the District of 19 Columbia or the federal district where the Interstate Commission has its principal 20 offices; the prevailing party shall be awarded all costs of such litigation including 21 reasonable attorney's fees. 22 (c) Dispute resolution 23 (1) the Interstate Commission shall attempt, upon the request of a 24 member state, to resolve disputes which are subject to the compact and which may 25 arise among member states and between member and non-member states; 26 (2) the Interstate Commission shall promulgate a rule providing for 27 both mediation and binding dispute resolution for disputes as appropriate. 28 (d) Enforcement 29 (1) the Interstate Commission, in the reasonable exercise of its 30 discretion, shall enforce the provisions and rules of this compact; 31 (2) the Interstate Commission, may by majority vote of the members,
01 initiate legal action in the United States District Court for the District of Columbia or, 02 at the discretion of the Interstate Commission, in the federal district where the 03 Interstate Commission has its principal offices, to enforce compliance with the 04 provisions of the compact, its promulgated rules and bylaws, against a member state in 05 default; the relief sought may include both injunctive relief and damages. If judicial 06 enforcement is necessary the prevailing party shall be awarded all costs of such 07 litigation including reasonable attorney's fees; 08 (3) the remedies in this compact are not the exclusive remedies of the 09 Interstate Commission; the Interstate Commission may avail itself of any other 10 remedies available under state law or the regulation of a profession. 11 ARTICLE XIV 12 FINANCING OF THE INTERSTATE COMMISSION 13 (a) The Interstate Commission shall pay, or provide for the payment of the 14 reasonable expenses of its establishment, organization, and ongoing activities. 15 (b) The Interstate Commission may levy on and collect an annual assessment 16 from each member state to cover the cost of the operations and activities of the 17 Interstate Commission and its staff which must be in a total amount sufficient to cover 18 the Interstate Commission's annual budget as approved each year. The aggregate 19 annual assessment amount shall be allocated based upon a formula to be determined 20 by the Interstate Commission, which shall promulgate a rule binding upon all member 21 states. 22 (c) The Interstate Commission may not incur obligations of any kind before 23 securing the funds adequate to meet the same; nor shall the Interstate Commission 24 pledge the credit of any of the member states, except by and with the authority of the 25 member state. 26 (d) The Interstate Commission shall keep accurate accounts of all receipts and 27 disbursements. The receipts and disbursements of the Interstate Commission shall be 28 subject to the audit and accounting procedures established under its bylaws. However, 29 all receipts and disbursements of funds handled by the Interstate Commission shall be 30 audited yearly by a certified or licensed public accountant and the report of the audit 31 shall be included in and become part of the annual report of the Interstate
01 Commission. 02 ARTICLE XV 03 MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT 04 (a) A state is eligible to become a member state. 05 (b) The compact shall become effective and binding upon legislative 06 enactment of the compact into law by no less than 10 of the states. The effective date 07 shall be no earlier than December 1, 2007; thereafter it shall become effective and 08 binding as to any other member state upon enactment of the compact into law by that 09 state. The governors of non-member states or their designees shall be invited to 10 participate in the activities of the Interstate Commission on a non-voting basis prior to 11 adoption of the compact by all states. 12 (c) The Interstate Commission may propose amendments to the compact for 13 enactment by the member states. No amendment shall become effective and binding 14 upon the Interstate Commission and the member states unless and until it is enacted 15 into law by unanimous consent of the member states. 16 ARTICLE XVI 17 WITHDRAWAL AND DISSOLUTION 18 (a) Withdrawal 19 (1) once effective, the compact shall continue in force and remain 20 binding upon each and every member state; provided that a member state may 21 withdraw from the compact by specifically repealing the statute, which enacted the 22 compact into law; 23 (2) withdrawal from this compact shall be by the enactment of a statute 24 repealing the same, but shall not take effect until one year after the effective date of 25 the statute and until written notice of the withdrawal has been given by the 26 withdrawing state to the governor of each other member jurisdiction; 27 (3) the withdrawing state shall immediately notify the chairperson of 28 the Interstate Commission in writing upon the introduction of legislation repealing this 29 compact in the withdrawing state; the Interstate Commission shall notify the other 30 member states of the withdrawing state's intent to withdraw within 60 days of its 31 receipt of the intent to withdraw;
01 (4) the withdrawing state is responsible for all assessments, obligations, 02 and liabilities incurred through the effective date of withdrawal, including obligations, 03 the performance of which extend beyond the effective date of withdrawal; 04 (5) reinstatement following withdrawal of a member state shall occur 05 upon the withdrawing state reenacting the compact or upon such later date as 06 determined by the Interstate Commission. 07 (b) Dissolution of compact 08 (1) this compact shall dissolve effective upon the date of the 09 withdrawal or default of the member state which reduces the membership in the 10 compact to one member state; 11 (2) upon the dissolution of this compact, the compact becomes null and 12 void and shall be of no further force or effect, and the business and affairs of the 13 Interstate Commission shall be concluded and surplus funds shall be distributed in 14 accordance with the bylaws. 15 ARTICLE XVII 16 SEVERABILITY AND CONSTRUCTION 17 (a) The provisions of this compact shall be severable, and if any phrase, clause, 18 sentence, or provision is deemed unenforceable, the remaining provisions of the 19 compact shall be enforceable. 20 (b) The provisions of this compact shall be liberally construed to effectuate its 21 purposes. 22 (c) Nothing in this compact shall be construed to prohibit the applicability of 23 other interstate compacts to which the states are members. 24 ARTICLE XVIII 25 BINDING EFFECT OF COMPACT AND OTHER LAWS 26 (a) Other laws 27 (1) Nothing herein prevents the enforcement of any other law of a 28 member state that is not inconsistent with this compact; 29 (2) All member states' laws conflicting with this compact are 30 superseded to the extent of the conflict; 31 (b) Binding effect of the compact
01 (1) All lawful actions of the Interstate Commission, including all rules 02 and bylaws promulgated by the Interstate Commission, are binding upon the member 03 states; 04 (2) All agreements between the Interstate Commission and the member 05 states are binding in accordance with their terms; 06 (3) If any provision of this compact exceeds the constitutional limits 07 imposed on the legislature of any member state, the provision shall be ineffective to 08 the extent of the conflict with the constitutional provision in question in that member 09 state. 10 Sec. 14.34.020. Compact administrator. Under the compact established 11 under AS 14.34.010, the commissioner may designate an officer as the compact 12 administrator. The compact administrator shall cooperate with all departments, 13 agencies, and officers of and in the government of this state and its subdivisions in 14 facilitating the proper administration of the compact or of a supplementary agreement 15 entered into by this state. 16 Sec. 14.34.030. State council. The board shall designate a subcommittee of its 17 membership to serve as the state council under AS 14.34.010. Consistent with state 18 law, the board shall designate other persons to serve on the subcommittee to complete 19 the representation required by the compact established under AS 14.34.010. 20 Sec. 14.34.040. Regulations. The board may adopt regulations to implement 21 this chapter. 22 Sec. 14.34.090. Short title. This chapter may be cited as the Interstate 23 Compact on Educational Opportunity for Military Children. 24 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 INDIRECT COURT RULE AMENDMENTS. The changes made by sec. 1 of this Act 27 have the effect of changing: 28 (1) Rule 4, Alaska Rules of Civil Procedure, by entitling the Interstate 29 Commission on Educational Opportunity for Military Children to receive service of process 30 of a judicial proceeding in this state that pertains to the Interstate Compact on Educational 31 Opportunity for Military Children set out in AS 14.34.010, enacted by sec. 1 of this Act, and
01 in which the validity of a compact provision or rule is an issue for which a judicial 02 determination has been sought; 03 (2) Rule 24(b), Alaska Rules of Civil Procedure, by entitling the Interstate 04 Commission on Educational Opportunity for Military Children to have standing to intervene 05 in a judicial proceeding in this state that pertains to the Interstate Compact on Educational 06 Opportunity for Military Children set out in AS 14.34.010, enacted in sec. 1 of this Act, and 07 in which the validity of a compact provision or rule is at issue for which judicial 08 determination has been sought. 09 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 CONDITIONAL EFFECT OF CERTAIN PROVISIONS. The provisions of art. 12 XIII(a)(3) of the Interstate Compact on Educational Opportunity for Military Children set out 13 in AS 14.34.010, enacted in sec. 1 of this Act, concerning service of process and standing to 14 intervene, take effect only if sec. 2 of this Act receives the two-thirds majority vote of each 15 house required by art. IV, sec. 15, Constitution of the State of Alaska. 16 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 CONDITIONAL EFFECT OF ACT; COMMISSIONER'S DUTY TO NOTIFY. (a) 19 Sections 1 and 2 of this Act take effect only if not less than 10 states other than this state 20 ratify the Interstate Compact on Educational Opportunity for Military Children. 21 (b) The commissioner of education and early development or the commissioner's 22 designee shall notify the lieutenant governor and the revisor of statutes when not less than 10 23 states other than this state have ratified the Interstate Compact on Educational Opportunity for 24 Military Children. 25 * Sec. 5. If secs. 1 and 2 of this Act take effect under sec. 4 of this Act, they take effect the 26 day after the date on which the commissioner of education and early development or the 27 commissioner's designee notifies the revisor of statutes that not less than 10 states other than 28 this state have ratified the Interstate Compact on Educational Opportunity for Military 29 Children set out in AS 14.34.010. enacted in sec. 1 of this Act, or in a substantially similar 30 form, or July 1, 2009, whichever is later.