Nevada § 388F.010 - Enactment of Compact; text of Compact

§ 388F.010. Enactment of Compact; text of Compact

The Interstate Compact on Educational Opportunity for Military Children, set forth

in this section, is hereby enacted into law and entered into with all other jurisdictions

substantially as follows: ARTICLE I PURPOSE It is the purpose of this Compact to remove barriers to educational success imposed

on children of military families because of frequent moves and deployment of their

parents by: A. Facilitating the timely enrollment of children of military families and ensuring

that they are not placed at a disadvantage due to difficulty in the transfer of educational

records from the previous school district or variations in entrance and age requirements. B. Facilitating the student placement process through which children of military families

are not disadvantaged by variations in attendance requirements, scheduling, sequencing,

grading, course content or assessment. C. Facilitating the qualification and eligibility for enrollment, educational programs,

and participation in extracurricular academic, athletic and social activities. D. Facilitating the on-time graduation of children of military families. E. Providing for the promulgation and enforcement of administrative rules implementing

the provisions of this Compact. F. Providing for the uniform collection and sharing of information between and among

member states, schools and military families under this Compact. G. Promoting coordination between this Compact and other compacts affecting children

of military families. H. Promoting flexibility and cooperation between the educational system, parents and

students to achieve educational success for the student. ARTICLE II DEFINITIONS As used in this chapter, unless the context otherwise requires, the words and terms

defined in this Article have the meanings ascribed to them in this Article: A. “ Active duty ” means full-time duty status in the active uniformed service of the United States,

including members of the National Guard and Reserve on active duty orders pursuant

to 10 U.S.C. Chapters 1209 and 1211. B. “ Child of a military family ” means a school-aged child enrolled in kindergarten or grades 1 through 12, inclusive,

in the household of a person on active duty. C. “ Compact commissioner ” means the voting representative of each compacting state appointed pursuant to Article

VIII of this Compact. D. “ Deployment ” means the period 1 month before the departure of a person on active duty from his

or her home station on military orders though 6 months after return to his or her

home station. E. “ Educational records ” means the official records, files and data directly relating to a student which

are maintained by a school or local education agency, including, without limitation,

records encompassing all the material kept in the student's cumulative folder, such

as general identifying data, records of attendance and of academic work completed,

records of achievement, results of evaluative tests, health data, disciplinary status,

test protocols and individualized education programs. F. “ Extracurricular activities ” means a voluntary activity sponsored by a school or local education agency or an

organization sanctioned by a local education agency, including, without limitation,

preparation for and involvement in public performances, contests, athletic competitions,

demonstrations, displays and club activities. G. “ Interstate Commission ” means the Interstate Commission on Educational Opportunity for Military Children

created by Article IX of this Compact. H. “ Local education agency ” means an administrative agency legally constituted by the state to provide control

of and direction for public educational institutions for kindergarten and grades 1

through 12, inclusive. I. “ Member state ” means a state that has enacted this Compact. J. “ Military installation ” means a base, camp, post, station, yard, center or homeport facility for any ship

or other activity under the jurisdiction of the United States Department of Defense,

including any leased facility, which is located within any of the several states,

the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin

Islands, Guam, American Samoa, the Northern Marianas Islands or any other territory

of the United States. The term does not include a facility used primarily for civil works or river, harbor

or flood control projects. K. “ Nonmember state ” means a state that has not enacted this Compact. L. “ Receiving state ” means the state to which a child of a military family is sent, brought or caused

to be sent or brought. M. “ Rule ” means a written statement by the Interstate Commission promulgated pursuant to Article

XII of this Compact that is of general applicability and implements, interprets or

prescribes a policy or provision of this Compact or an organizational, procedural

or practice requirement of the Interstate Commission and has the force and effect

of statutory law in a member state, including the amendment, repeal or suspension

of an existing rule. N. “ Sending state ” means the state from which a child of a military family is sent, brought or caused

to be sent or brought. O. “ State ” means a state of the United States, the District of Columbia, the Commonwealth of

Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern

Marianas Islands and any other territory of the United States. P. “ Student ” means the child of a military family for whom the local education agency receives

public funding and who is formally enrolled in kindergarten or grades 1 through 12,

inclusive. Q. “ Transition ” means the formal and physical process of transferring from school to school or the

period of time in which a student moves from one school in the sending state to another

school in the receiving state. R. “ Uniformed service ” means the Army, Navy, Air Force, Marine Corps, Coast Guard or Commissioned Corps

of the Public Health Service and the National Oceanic and Atmospheric Administration. S. “ Veteran ” means a person who served in the uniformed service and who was discharged or released

therefrom under conditions other than dishonorable. ARTICLE III APPLICABILITY A. Except as otherwise provided in sections B and C, this Compact shall apply to the

children of: 1. Active duty members of the uniformed services, including members of the National

Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211 ; 2. Members or veterans of the uniformed services who are severely injured and medically

discharged or retired for a period of 1 year after medical discharge or retirement;

and 3. Members of the uniformed services who die on active duty or as a result of injuries

sustained on active duty for a period of 1 year after death. B. The provisions of this Compact shall only apply to local education agencies. C. The provisions of this Compact shall not apply to the children of: 1. Inactive members of the National Guard or military reserves; 2. Retired members of the uniformed services, except as otherwise provided in section

A; 3. Veterans of the uniformed services, except as otherwise provided in section A;

and 4. Other United States Department of Defense personnel and other federal agency civilian

and contract employees not defined as active duty members of the uniformed services. ARTICLE IV EDUCATIONAL RECORDS AND ENROLLMENT A. Unofficial or “hand-carried” educational records--If official educational records

cannot be released to the parent or legal guardian for the purpose of transfer, the

custodian of the educational records in the sending state shall prepare and furnish

to the parent or legal guardian a complete set of unofficial educational records containing

uniform information as determined by the Interstate Commission. Upon receipt of the unofficial educational records by a school in the receiving

state, the school shall enroll and appropriately place the student based on the information

provided in the unofficial educational records pending validation by the official

records. B. Official educational records--At the time that a school initially enrolls and determines

the placement of a student, the school in the receiving state shall request the official

educational records of the student from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish

the official educational records to the school in the receiving state within 10 days

or within such time as is reasonably determined under the rules promulgated by the

Interstate Commission. C. Immunizations--Member states shall give 30 days after the date of enrollment, or

within such time as is reasonably determined under the rules promulgated by the Interstate

Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days,

or within such time as is reasonably determined under the rules promulgated by the

Interstate Commission. D. Kindergarten and grade 1 entrance age--Students shall be allowed to continue their

enrollment at grade level in the receiving state commensurate with their grade level,

including kindergarten, from a local education agency in the sending state at the

time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the

local education agency in the sending state shall be eligible for enrollment in the

next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state

shall enter the school in the receiving state on the student’s validated level from

the local education agency in the sending state. ARTICLE V PLACEMENT AND ATTENDANCE A. Course placement--When a student transfers before or during the school year, the

school in the receiving state shall initially honor placement of the student in educational

courses based on the student's enrollment in the school in the sending state or educational

assessments conducted at the school in the sending state, if the courses are offered

in the receiving state and space is available. Course placement includes, without limitation, honors, international baccalaureate,

advanced placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting

placement in academically and career challenging courses should be paramount when

considering placement. Nothing in this section precludes the school in the receiving state from performing

subsequent evaluations to ensure the appropriate placement and continued enrollment

of the student in the appropriate courses. B. Educational program placement--The school in the receiving state shall initially

honor placement of the student in educational programs based on current educational

assessments conducted at the school in the sending state or participation and placement

in like programs in the sending state. Such programs include, without limitation, gifted and talented programs and English

as a second language. Nothing in this section precludes the school in the receiving state from performing

subsequent evaluations to ensure appropriate placement of the student. C. Special education services--In compliance with the Individuals with Disabilities

Education Act, 20 U.S.C. §§ 1400 et seq., the receiving state shall initially provide comparable services to a student with

a disability based on the student’s current individualized education program. In compliance with the requirements of section 504 of the Rehabilitation Act of

1973, 29 U.S.C. § 794 , and with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 - 12165 , the receiving state shall make reasonable accommodations and modifications to address

the needs of incoming students with disabilities, subject to an existing 504 or Title

II Plan, to provide the student with equal access to education. Nothing in this section precludes the school in the receiving state from performing

subsequent evaluations to ensure appropriate placement of the student. D. Placement flexibility--The administrative officials of the local education agency

shall have flexibility in waiving course or program prerequisites, or other preconditions

for placement in courses or programs offered under the jurisdiction of the local education

agency. E. Absence relating to deployment activities--A student whose parent or legal guardian

is an active duty member of the uniformed services and has been called to duty for,

is on leave from or immediately returned from deployment to a combat zone or combat

support posting, shall be granted additional excused absences at the discretion of

the superintendent of the local education agency to visit with his or her parent or

legal guardian relating to such leave or deployment. ARTICLE VI ELIGIBILITY A. Eligibility for enrollment 1. A special power of attorney, for purposes of the guardianship of a child of a military

family, which is executed pursuant to the applicable law of the jurisdiction in which

the special power of attorney is executed is sufficient for the purposes of enrolling

a student in school and for all other actions requiring participation and consent

of a parent or legal guardian of the student. 2. A local education agency shall not charge local tuition to a transitioning military

child placed in the care of a noncustodial parent or other person standing in loco

parentis who lives in a jurisdiction other than that of the custodial parent. 3. A transitioning military child, placed in the care of a noncustodial parent or

other person standing in loco parentis who lives in a jurisdiction other than that

of the custodial parent, may continue to attend the school in which the child was

enrolled while residing with the custodial parent. B. Eligibility for participation in extracurricular activities--State and local education

agencies shall facilitate the opportunity for transitioning children of military families

to be included in extracurricular activities, regardless of application deadlines,

to the extent they are otherwise qualified. ARTICLE VII GRADUATION To facilitate the on-time graduation of children of military families, states and

local education agencies shall incorporate the following procedures: A. Waiver requirements - The administrative officials of the local education agency

shall waive specific courses required for graduation if similar course work has been

satisfactorily completed in another local education agency or shall provide reasonable

justification for denial of a waiver. If a waiver is not granted to a student who qualifies to graduate from the sending

school, the local education agency shall provide an alternative means of acquiring

required course work so that the student may graduate on time. B. Exit exams - States shall accept: 1. Exit or end-of-course exams required for graduation from the sending state; 2. National norm-referenced achievement tests; or 3. Alternative testing, in lieu of tests required for graduation in the receiving state. If the alternatives set forth in this section cannot be accommodated by the receiving

state for a student transferring during the student's senior year, then the provisions

of section C shall apply. C. Transfers during senior year - If a military student transferring immediately before

beginning or during the student’s senior year is ineligible to graduate from the local

education agency of the receiving state after all alternatives have been considered

pursuant to this Article, the local education agencies of the sending state and the

receiving state shall ensure the receipt of a diploma from the local education agency

of the sending state if the student meets the graduation requirements of the local

education agency of the sending state. If the sending state or the receiving state is not a member of this Compact, the

member state shall use its best efforts to facilitate the on-time graduation of the

student in accordance with this Article. ARTICLE VIII STATE COORDINATION A. Each member state shall, through the creation of a State Council or use of an existing

body or board, provide for the coordination among its agencies of government, local

education agencies and military installations concerning the state's participation

in, and compliance with, this Compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its

membership must include at least the state superintendent of public education, a superintendent

of a school district with a high concentration of children of military families, a

representative from a military installation, one representative each from the legislative

and executive branches of government, and other offices and stakeholder groups the

member state deems appropriate. A member state that does not have a school district deemed to contain a high concentration

of children of military families may appoint a superintendent from another school

district to represent the local education agencies of the member state on the State

Council. B. The State Council of each member state shall appoint or designate a military family

education liaison to assist military families and the state in facilitating the implementation

of this Compact. C. A compact commissioner responsible for the administration and management of the

state's participation in the Compact shall be appointed by the Governor or as otherwise

determined by each member state. D. The compact commissioner and the military family education liaison designated herein

shall be ex officio members of the State Council, unless either is already a full

voting member of the State Council. ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN The member states hereby create the “Interstate Commission on Educational Opportunity

for Military Children.” The Interstate Commission may form public policy and is a discretionary state function. The Interstate Commission shall: A. Be a body corporate and joint agency of the member states and shall have all the

responsibilities, powers and duties set forth herein, and such additional powers as

may be conferred upon it by a subsequent concurrent action of the respective legislatures

of the member states in accordance with the terms of this Compact. B. Consist of one Interstate Commission voting representative from each member state

who shall be that state's compact commissioner. 1. Each member state represented at a meeting of the Interstate Commission is entitled

to one vote. 2. A majority of the total member states shall constitute a quorum for the transaction

of business, unless a larger quorum is required by the bylaws of the Interstate Commission. 3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate

Commission, the Governor or State Council may delegate voting authority to another

person from their state for a specified meeting. 4. The bylaws may provide for meetings of the Interstate Commission to be conducted

by telecommunication or electronic communication. C. Consist of ex officio, nonvoting representatives who are members of interested

organizations. Such ex officio members, as defined in the bylaws, may include, without limitation,

members of the representative organizations of military family advocates, local education

agency officials, parent and teacher groups, the United States Department of Defense,

the Education Commission of the States, the Interstate Agreement on Qualification

of Educational Personnel and other interstate compacts affecting the education of

children of military members. D. Meet at least once each calendar year. The Chairperson may call additional meetings and, upon the request of a simple majority

of the member states, shall call additional meetings. E. Establish an Executive Committee, whose members shall include the officers of the

Interstate Commission and such other members of the Interstate Commission as determined

by the bylaws. Members of the Executive Committee shall serve a term of 1 year. Members of the Executive Committee shall be entitled to one vote each. The Executive Committee shall have the power to act on behalf of the Interstate

Commission, with the exception of rulemaking, during periods when the Interstate Commission

is not in session. The Executive Committee shall oversee the day-to-day activities of the administration

of the Compact, including enforcement and compliance with the provisions of the Compact,

its bylaws and rules, and other such duties as deemed necessary. The United States Department of Defense shall serve as an ex officio, nonvoting

member of the executive committee. F. Establish bylaws and rules that provide for conditions and procedures under which

the Interstate Commission shall make its information and official records available

to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records

to the extent they would adversely affect personal privacy rights or proprietary interests. G. Give public notice of all meetings, and all meetings shall be open to the public,

except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission and its committees may close a meeting, or portion thereof,

when it determines by two-thirds vote that an open meeting would be likely to: 1. Relate solely to the Interstate Commission's internal personnel practices and procedures; 2. Disclose matters specifically exempted from disclosure by federal and state statute; 3. Disclose trade secrets or commercial or financial information which is privileged

or confidential; 4. Involve accusing a person of a crime, or formally censuring a person; 5. Disclose information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy; 6. Disclose investigative records compiled for law enforcement purposes; or 7. Specifically relate to the Interstate Commission's participation in a civil action

or other legal proceeding. H. Cause its legal counsel or designee to certify that a meeting may be closed and

shall reference each relevant exemptible provision for any meeting, or portion of

a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which shall fully and clearly describe

all matters discussed in a meeting and shall provide a full and accurate summary of

actions taken, and the reasons therefore, including a description of the views expressed

and the record of a roll call vote. All documents considered in connection with an action must be identified in such

minutes. All minutes and documents of a closed meeting must remain under seal, subject to

release by a majority vote of the Interstate Commission. I. Collect standardized data concerning the educational transition of the children

of military families under this Compact as directed through its rules which shall

specify the data to be collected, the means of collection and data exchange and reporting

requirements. The methods of data collection, exchange and reporting must, insofar as is reasonably

possible, conform to current technology and coordinate information functions with

the appropriate custodian of records as identified in the bylaws and rules. J. Create a process that permits military officials, education officials and parents

to inform the Interstate Commission of alleged violations of the Compact or its rules

or when issues subject to the jurisdiction of the Compact or its rules are not addressed

by the member state or a local education agency within a member state. Nothing in this section creates a private right of action against the Interstate

Commission or any member state. ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the power to: A. Provide for dispute resolution among the member states. B. Promulgate rules and take all necessary actions to effect the goals, purposes and

obligations as enumerated in this Compact. The rules must have the force and effect of statutory law and be binding in the

member states to the extent and in the manner provided in this Compact. C. Issue, upon request of a member state, advisory opinions concerning the meaning

or interpretation of the Compact, its bylaws, rules and actions. D. Enforce compliance with the provisions of the Compact, the rules promulgated by

the Interstate Commission and the bylaws, using all necessary and proper means, including,

without limitation, the use of the judicial process. E. Establish and maintain offices which shall be located within one or more of the

member states. F. Purchase and maintain insurance and bonds. G. Borrow, accept, hire or contract for services of personnel. H. Establish and appoint committees, including, without limitation, an Executive Committee

as required by section E of Article IX of this Compact, which shall have the power

to act on behalf of the Interstate Commission in carrying out its powers and duties

hereunder. I. Elect or appoint officers, attorneys, employees, agents or consultants, and to

fix their compensation, define their duties and determine their qualifications, and

to establish the Interstate Commission's personnel policies and programs relating

to conflicts of interest, rates of compensation and qualifications of personnel. J. Accept any and all donations and grants of money, equipment, supplies, materials

and services, and to receive, use and dispose of them. K. Lease, purchase or accept contributions or donations of, or otherwise own, hold,

improve or use any property, including real, personal or mixed property. L. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of

any property, including real, personal or mixed property. M. Establish a budget and make expenditures. N. Adopt a seal and bylaws governing the management and operation of the Interstate

Commission. O. Report annually to the legislatures, governors, judiciary and state councils of

the member states concerning the activities of the Interstate Commission during the

preceding year. Such reports must also include any recommendations that may have been adopted by

the Interstate Commission. P. Coordinate education, training and public awareness regarding the Compact, its

implementation and operation for officials and parents and legal guardians. Q. Establish uniform standards for the reporting, collecting and exchanging of data. R. Maintain corporate books and records in accordance with the bylaws. S. Perform such functions as may be necessary or appropriate to achieve the purposes

of this Compact. T. Provide for the uniform collection and sharing of information between and among

member states, schools and military families under this Compact. ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION A. The Interstate Commission shall, by a majority of the members present and voting,

within 12 months after the first Interstate Commission meeting, adopt bylaws to govern

its conduct as may be necessary or appropriate to carry out the purposes of the Compact,

including, without limitation: 1. Establishing the fiscal year of the Interstate Commission; 2. Establishing an Executive Committee and such other committees as may be necessary; 3. Providing for the establishment of committees and for governing any general or

specific delegation of authority or function of the Interstate Commission; 4. Providing reasonable procedures for calling and conducting meetings of the Interstate

Commission and ensuring reasonable notice of each such meeting; 5. Establishing the titles and responsibilities of the officers and staff of the Interstate

Commission; 6. Providing a mechanism for concluding the operations of the Interstate Commission

and the return of surplus funds that exist upon the termination of the Compact after

the payment and reserving of all of its debts and obligations; and 7. Providing “start up” rules for initial administration of the Compact. B. The Interstate Commission shall, by a majority of the members, elect annually from

among its members a Chairperson, a Vice Chairperson and a Treasurer, each of whom

has the authority and duties as specified in the bylaws. The Chairperson or, in the Chairperson's absence or disability, the Vice Chairperson,

shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the

Interstate Commission. However, subject to the availability of budgeted funds, the officers shall be reimbursed

for ordinary and necessary costs and expenses incurred by them in the performance

of their responsibilities as officers of the Interstate Commission. C. Executive Committee, Officers and Personnel 1. The Executive Committee shall have such authority and duties as set forth in the

bylaws, including, without limitation: a. Managing the affairs of the Interstate Commission in a manner consistent with the

bylaws and purposes of the Interstate Commission; b. Overseeing an organizational structure within, and appropriate procedures for,

the Interstate Commission to provide for the creation of rules, operating procedures,

and administrative and technical support functions; and c. Planning, implementing and coordinating communications and activities with other

state, federal and local government organizations to advance the goals of the Interstate

Commission. 2. The Executive Committee may, subject to the approval of the Interstate Commission,

appoint or retain an Executive Director upon such terms and conditions and for such

compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as Secretary to the Interstate Commission, but

shall not be a member of the Interstate Commission. The Executive Director shall hire and supervise such other persons as may be authorized

by the Interstate Commission. D. The Interstate Commission's Executive Director and employees are immune from suit

and liability, either personally or in their official capacity, for a claim for damage

to or loss of property or personal injury or other civil liability caused or arising

out of or relating to an actual or alleged act, error or omission that occurred, or

that the Executive Director or employee had a reasonable basis for believing occurred,

within the scope of Interstate Commission employment, duties or responsibilities. The Executive Director or an employee shall not be protected from suit or liability

for damage, loss, injury or liability caused by the intentional or willful and wanton

misconduct on the part of the person. 1. The liability of the Interstate Commission's Executive Director, an employee or

a representative acting within the scope of such person's employment or duties for

acts, errors or omissions occurring within such person's state may not exceed the

limits of liability set forth under the Constitution and laws of that state for state

officials, employees and agents. The Interstate Commission is considered to be an instrumentality of the member states

for the purposes of any such action. Nothing in this subsection protects such person from suit or liability for damage,

loss, injury or liability caused by the intentional or willful and wanton misconduct

on the part of the person. 2. The Interstate Commission shall defend the Executive Director and its employees

and, subject to the approval of the Attorney General or other appropriate legal counsel

of the member state represented by an Interstate Commission representative, shall

defend such Interstate Commission representative in any civil action seeking to impose

liability arising out of an actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment, duties or responsibilities,

or that the defendant had a reasonable basis for believing occurred within the scope

of Interstate Commission employment, duties or responsibilities, provided that the

actual or alleged act, error or omission did not result from intentional or willful

and wanton misconduct of the person. 3. To the extent not covered by the state involved, member state or the Interstate

Commission, a representative or employee of the Interstate Commission shall be held

harmless in the amount of a settlement or judgment, including attorney's fees and

costs, obtained against such person arising out of an actual or alleged act, error

or omission that occurred within the scope of Interstate Commission employment, duties

or responsibilities, or that such person had a reasonable basis for believing occurred

within the scope of Interstate Commission employment, duties or responsibilities,

provided that the actual or alleged act, error or omission did not result from intentional

or willful and wanton misconduct on the part of the person. ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION A. Rulemaking Authority - Except as otherwise provided in this section, the Interstate

Commission shall promulgate reasonable rules to effectively and efficiently achieve

the purposes of this Compact. If the Interstate Commission exercises its rulemaking authority in a manner that

is beyond the scope of the purposes of this Compact, or the powers granted hereunder,

such an action by the Interstate Commission shall be deemed invalid and have no force

or effect. B. Rulemaking Procedure - Rules must be made pursuant to a rulemaking process that

substantially conforms to the Model State Administrative Procedure Act, of 1981 Act,

Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the

operations of the Interstate Commission. C. Not later than 30 days after a rule is promulgated, any person may file a petition

for judicial review of the rule. The filing of such a petition shall not stay or otherwise prevent the rule from

becoming effective unless the court finds that the petitioner has a substantial likelihood

of success. The court shall give deference to the actions of the Interstate Commission consistent

with applicable law and shall not find the rule to be unlawful if the rule represents

a reasonable exercise of the Interstate Commission's authority. D. If a majority of the legislatures of the compacting states rejects a rule by enactment

of a statute or resolution in the same manner used to adopt the Compact, then such

rule shall have no further force and effect in any compacting state. ARTICLE XIII OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION A. Oversight 1. The executive, legislative and judicial branches of state government in each member

state shall enforce this Compact and shall take all actions necessary and appropriate

to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder must have standing

as statutory law. 2. All courts shall take judicial notice of the Compact and the rules in any judicial

or administrative proceeding in a member state pertaining to the subject matter of

this Compact which may affect the powers, responsibilities or actions of the Interstate

Commission. 3. The Interstate Commission shall be entitled to receive all service of process in

any such proceeding and shall have standing to intervene in the proceeding for all

purposes. Failure to provide service of process to the Interstate Commission shall render

a judgment or order void as to the Interstate Commission, this Compact or promulgated

rules. B. Default, Technical Assistance, Suspension and Termination 1. If the Interstate Commission determines that a member state has defaulted in the

performance of its obligations or responsibilities under this Compact, the bylaws

or the rules, the Interstate Commission shall: a. Provide written notice to the defaulting state and other member states of the nature

of the default, the means of curing the default and any action taken by the Interstate

Commission. The Interstate Commission shall specify the conditions by which the defaulting state

may cure its default. b. Provide remedial training and specific technical assistance regarding the default. 2. If the defaulting state fails to cure the default, the defaulting state shall be

terminated from the Compact upon an affirmative vote of a majority of the member states

and all rights, privileges and benefits conferred by this Compact shall be terminated

from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of the default. 3. Suspension or termination of membership in the Compact may be imposed only after

all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the Interstate Commission

to the Governor, the majority and minority leaders of the defaulting state's legislature

and each of the member states. 4. The state which has been suspended or terminated is responsible for all assessments,

obligations and liabilities incurred through the effective date of suspension or termination;

including obligations the performance of which extends beyond the effective date of

suspension or termination. 5. The Interstate Commission shall not bear any costs relating to any state that has

been found to be in default or which has been suspended or terminated from the Compact,

unless otherwise mutually agreed upon in writing between the Interstate Commission

and the defaulting state. 6. The defaulting state may appeal the action of the Interstate Commission by petitioning

the United States District Court for the District of Columbia or the federal district

where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable

attorney's fees. C. Dispute Resolution 1. The Interstate Commission shall attempt, upon the request of a member state, to

resolve disputes which are subject to the Compact and which may arise among member

states and between member and nonmember states. 2. The Interstate Commission shall promulgate a rule providing for both mediation

and binding dispute resolution for disputes as appropriate. D. Enforcement 1. The Interstate Commission, in the reasonable exercise of its discretion, shall

enforce the provisions and rules of this Compact. 2. The Interstate Commission may, by majority vote of the members, initiate legal

action in the United States District Court for the District of Columbia or, at the

discretion of the Interstate Commission, in the federal district where the Interstate

Commission has its principal offices, to enforce compliance with the provisions of

the Compact, its promulgated rules and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded

all costs of such litigation, including reasonable attorney's fees. 3. The remedies set forth herein must not be the exclusive remedies of the Interstate

Commission. The Interstate Commission may avail itself of any other remedies available under

state law or the regulation of a profession. ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION A. The Interstate Commission shall pay, or provide for the payment of, the reasonable

expenses of its establishment, organization and ongoing activities. B. The Interstate Commission may levy on and collect an annual assessment from each

member state to cover the cost of the operations and activities of the Interstate

Commission and its staff, which must be in a total amount sufficient to cover the

Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount must be allocated based upon a formula to

be determined by the Interstate Commission, which shall promulgate a rule binding

upon all member states. C. The Interstate Commission shall not incur obligations of any kind before securing

the funds adequate to meet the same and shall not pledge the credit of any of the

member states, except by and with the authority of the member state. D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission are subject to the audit

and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Interstate Commission must

be audited yearly by a certified or licensed public accountant, and the report of

the audit must be included in and become part of the annual report of the Interstate

Commission. ARTICLE XV MEMBER STATES, EFFECTIVE DATE AND AMENDMENT A. Any state is eligible to become a member state. B. Upon legislative enactment of the Compact into law by not less than 10 states,

the Compact becomes effective and binding as to those states that have enacted the

Compact. The Compact shall become effective and binding as to any other member state upon

enactment of the Compact into law by that state. The governors of nonmember states or their designees shall be invited to participate

in the activities of the Interstate Commission on a nonvoting basis before adoption

of the Compact by all states. C. The Interstate Commission may propose amendments to the Compact for enactment by

the member states. No amendment shall become effective and binding upon the Interstate Commission and

the member states unless and until it is enacted into law by each member state. ARTICLE XVI WITHDRAWAL AND DISSOLUTION A. Withdrawal 1. Once effective, the Compact shall continue in force and remain binding upon each

member state. 2. A member state may withdraw from the Compact by repealing the statute which enacted

the Compact. Withdrawal from the Compact must not be effective less than 1 year after the effective

date of repeal of the statute and until written notice of the withdrawal has been

given by the withdrawing state to the Governor of each member state. 3. The withdrawing state shall immediately notify the Chairperson of the Interstate

Commission in writing upon the introduction of legislation repealing this Compact

in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing

state's intent to withdraw within 60 days after its receipt thereof. 4. The withdrawing state is responsible for all assessments, obligations and liabilities

incurred through the effective date of withdrawal, including obligations the performance

of which extend beyond the effective date of withdrawal. 5. A state that has withdrawn from the Compact may be reinstated upon reenactment

of the Compact by that state or a later date, as determined by the Interstate Commission. B. Dissolution of Compact 1. The effectiveness of this Compact dissolves upon the date of the withdrawal or

default of the member state which reduces the membership in the Compact to one member

state. 2. Upon dissolution of this Compact, the Compact becomes null and void and shall be

of no further force or effect. The business and affairs of the Interstate Commission must be concluded and surplus

funds must be distributed in accordance with the bylaws. ARTICLE XVII SEVERABILITY AND CONSTRUCTION A. The provisions of this Compact are severable, and if any phrase, clause, sentence

or provision is deemed unenforceable, the remaining provisions of the Compact remain

enforceable. B. The provisions of this Compact must be liberally construed to effectuate its purposes. C. Nothing in this Compact may be construed to prohibit the applicability of other

interstate compacts to which the states are members. ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS A. Other Laws 1. Nothing herein prevents the enforcement of any other statute of a member state

that is not inconsistent with this Compact. 2. The statutes of a member state which conflict with this Compact are superseded

to the extent of the conflict. B. Binding Effect of the Compact 1. All lawful actions of the Interstate Commission, including all rules and bylaws

promulgated by the Interstate Commission, are binding upon the member states. 2. All agreements between the Interstate Commission and the member states are binding

in accordance with the terms of such agreements. 3. In the event a provision of this Compact exceeds the constitutional limits imposed

on the legislature of any member state, such provision is not effective to the extent

of the conflict with the Constitution in that member state.