As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 165

Representative Ujvagi 

Cosponsors: Representatives Weddington, Evans, Pryor, Chandler, Harris, Williams, B., Okey, Yuko, Dodd, Hagan, Heard, Skindell, Domenick, Letson, Williams, S., Boyd, Winburn, Luckie, DeBose, Driehaus, Garland, Gerberry, Lundy, Moran, Phillips, Stebelton, Adams, R., Baker, Hite, Huffman, Lehner, Martin, Morgan, Oelslager, Wagner, Adams, J., Amstutz, Bacon, Balderson, Batchelder, Belcher, Blessing, Bolon, Book, Boose, Bubp, Carney, Celeste, Combs, Daniels, DeGeeter, Dolan, Dyer, Fende, Foley, Gardner, Garrison, Goodwin, Goyal, Grossman, Hackett, Hall, Harwood, Hottinger, Jones, Koziura, Maag, Mallory, Mandel, McGregor, Mecklenborg, Murray, Newcomb, Patten, Pillich, Sayre, Schneider, Sears, Slesnick, Snitchler, Stautberg, Stewart, Szollosi, Uecker, Yates, Zehringer 

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A BILL

To enact sections 3301.60, 3301.61, 3301.62, 3301.63,

1

and 3301.64 of the Revised Code to ratify the

2

Interstate Compact on Educational Opportunity for

3

Military Children and to establish the State

4

Council on Educational Opportunity for Military

5

Children and other offices to implement the

6

state's participation in the compact.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3301.60, 3301.61, 3301.62, 3301.63,	8
and 3301.64 of the Revised Code be enacted to read as follows:	9

Sec. 3301.60.  The interstate compact on educational	10
opportunity for military children is hereby ratified, enacted into	11
law, and entered into by this state as a party thereto with any	12
other state that heretofore has legally joined or hereafter	13
legally joins the compact, as follows:	14

Interstate Compact on Educational	15

Opportunity for Military Children	16

ARTICLE I. PURPOSE

17

It is the purpose of this compact to remove barriers to	18
educational success imposed on children of military families	19
because of frequent moves and deployment of their parents by:	20

A. Facilitating the timely enrollment of children of military	21
families and ensuring that they are not placed at a disadvantage	22
due to difficulty in the transfer of education records from the	23
previous school district or variations in entrance or age	24
requirements.	25

B. Facilitating the student placement process through which	26
children of military families are not disadvantaged by variations	27
in attendance requirements, scheduling, sequencing, grading,	28
course content, or assessment.	29

C. Facilitating the qualification and eligibility for	30
enrollment, educational programs, and participation in	31
extracurricular academic, athletic, and social activities.	32

D. Facilitating the on-time graduation of children of	33
military families.	34

E. Providing for the promulgation and enforcement of	35
administrative rules implementing the provisions of this compact.	36

F. Providing for the uniform collection and sharing of	37
information between and among member states, schools, and military	38
families under this compact.	39

G. Promoting coordination between this compact and other	40
compacts affecting military children.	41

H. Promoting flexibility and cooperation between the	42
educational system, parents, and the student in order to achieve	43
educational success for the student.	44

ARTICLE II. DEFINITIONS

45

As used in this compact, unless the context clearly requires	46
a different construction:	47

A. "Active duty" means full-time duty status in the active	48
uniformed service of the United States, including members of the	49
national guard and reserve on active duty orders pursuant to 10	50
U.S.C. 1209 and 1211.	51

B. "Children of military families" means school-aged	52
children, enrolled in kindergarten through twelfth grade, in the	53
household of an active duty member.	54

C. "Compact commissioner" means the voting representative of	55
each compacting state appointed pursuant to Article VIII of this	56
compact.	57

D. "Deployment" means the period one month prior to the	58
service members' departure from their home station on military	59
orders through six months after return to their home station.	60

E. "Educational records" or "education records" means those	61
official records, files, and data directly related to a student	62
and maintained by the school or local education agency, including,	63
but not limited to, records encompassing all the material kept in	64
the student's cumulative folder such as general identifying data,	65
records of attendance and of academic work completed, records of	66
achievement and results of evaluative tests, health data,	67
disciplinary status, test protocols, and individualized education	68
programs.	69

F. "Extracurricular activities" means a voluntary activity	70
sponsored by the school or local education agency or an	71
organization sanctioned by the local education agency.	72
Extracurricular activities include, but are not limited to,	73
preparation for and involvement in public performances, contests,	74
athletic competitions, demonstrations, displays, and club	75
activities.	76

G. "Interstate Commission on Educational Opportunity for	77
Military Children" means the commission that is created under	78
Article IX of this compact, which is generally referred to as	79
Interstate Commission.	80

H. "Local education agency" means a public authority legally	81
constituted by the state as an administrative agency to provide	82
control of and direction for kindergarten through twelfth grade	83
public educational institutions.	84

I. "Member state" means a state that has enacted this	85
compact.	86

J. "Military installation" means a base, camp, post, station,	87
yard, center, homeport facility for any ship, or other activity	88
under the jurisdiction of the Department of Defense, including any	89
leased facility, which is located within any of the several	90
states, the District of Columbia, the Commonwealth of Puerto Rico,	91
the U.S. Virgin Islands, Guam, American Samoa, the Northern	92
Marianas Islands, and any other United States territory. Such term	93
does not include any facility used primarily for civil works,	94
rivers and harbors projects, or flood control projects.	95

K. "Nonmember state" means a state that has not enacted this	96
compact.	97

L. "Receiving state" means the state to which a child of a	98
military family is sent, brought, or caused to be sent or brought.	99

M. "Rule" means a written statement by the Interstate	100
Commission promulgated pursuant to Article XII of this compact	101
that is of general applicability, implements, interprets, or	102
prescribes a policy or provision of the compact, or an	103
organizational, procedural, or practice requirement of the	104
Interstate Commission, and has the force and effect of statutory	105
law in a member state, and includes the amendment, repeal, or	106
suspension of an existing rule.	107

N. "Sending state" means the state from which a child of a	108
military family is sent, brought, or caused to be sent or brought.	109

O. "State" means a state of the United States, the District	110
of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin	111
Islands, Guam, American Samoa, the Northern Marianas Islands, and	112
any other United States territory.	113

P. "Student" means the child of a military family for whom	114
the local education agency receives public funding and who is	115
formally enrolled in kindergarten through twelfth grade.	116

Q. "Transition" means 1) the formal and physical process of	117
transferring from school to school or 2) the period of time in	118
which a student moves from one school in the sending state to	119
another school in the receiving state.	120

R. "Uniformed services" means the Army, Navy, Air Force,	121
Marine Corps, and Coast Guard, as well as the Commissioned Corps	122
of the National Oceanic and Atmospheric Administration and Public	123
Health Service.	124

S. "Veteran" means a person who served in the uniformed	125
services and who was discharged or released therefrom under	126
conditions other than dishonorable.	127

ARTICLE III. APPLICABILITY

128

A. Except as otherwise provided in Section B, this compact	129
shall apply to the children of:	130

1. Active duty members of the uniformed services as defined	131
in this compact, including members of the national guard and	132
reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211;	133

2. Members or veterans of the uniformed services who are	134
severely injured and medically discharged or retired for a period	135
of one year after medical discharge or retirement; and	136

3. Members of the uniformed services who die on active duty	137
or as a result of injuries sustained on active duty for a period	138
of one year after death.	139

B. The provisions of this interstate compact shall only apply	140
to local education agencies as defined in this compact.	141

C. The provisions of this compact shall not apply to the	142
children of:	143

1. Inactive members of the national guard and military	144
reserves;	145

2. Members of the uniformed services now retired, except as	146
provided in Section A;	147

3. Veterans of the uniformed services, except as provided in	148
Section A; and	149

4. Other Department of Defense personnel and other federal	150
agency civilian and contract employees not defined as active duty	151
members of the uniformed services.	152

ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT

153

A. Unofficial or "hand-carried" education records - In the	154
event that official education records cannot be released to the	155
parents for the purpose of transfer, the custodian of the records	156
in the sending state shall prepare and furnish to the parent a	157
complete set of unofficial educational records containing uniform	158
information as determined by the Interstate Commission. Upon	159
receipt of the unofficial education records by a school in the	160
receiving state, the school shall enroll and appropriately place	161
the student based on the information provided in the unofficial	162
records pending validation by the official records, as quickly as	163
possible.	164

B. Official education records and transcripts - Simultaneous	165
with the enrollment and conditional placement of the student, the	166
school in the receiving state shall request the student's official	167
education record from the school in the sending state. Upon	168
receipt of this request, the school in the sending state will	169
process and furnish the official education records to the school	170
in the receiving state within ten days or within such time as is	171
reasonably determined under the rules promulgated by the	172
Interstate Commission.	173

C. Immunizations - Compacting states shall give thirty days	174
from the date of enrollment or within such time as is reasonably	175
determined under the rules promulgated by the Interstate	176
Commission, for students to obtain any immunizations required by	177
the receiving state. For a series of immunizations, initial	178
vaccinations must be obtained within thirty days or within such	179
time as is reasonably determined under the rules promulgated by	180
the Interstate Commission.	181

D. Kindergarten and first grade entrance age - Students shall	182
be allowed to continue their enrollment at grade level in the	183
receiving state commensurate with their grade level (including	184
kindergarten) from a local education agency in the sending state	185
at the time of transition, regardless of age. A student that has	186
satisfactorily completed the prerequisite grade level in the local	187
education agency in the sending state shall be eligible for	188
enrollment in the next highest grade level in the receiving state,	189
regardless of age. A student transferring after the start of the	190
school year in the receiving state shall enter the school in the	191
receiving state on their validated level from an accredited school	192
in the sending state.	193

ARTICLE V. PLACEMENT AND ATTENDANCE

194

A. Course placement - When the student transfers before or	195
during the school year, the receiving state school shall initially	196
honor placement of the student in educational courses based on the	197
student's enrollment in the sending state school or educational	198
assessments conducted at the school in the sending state if the	199
courses are offered. Course placement includes but is not limited	200
to Honors, International Baccalaureate, Advanced Placement,	201
vocational, technical, and career pathways courses. Continuing the	202
student's academic program from the previous school and promoting	203
placement in academically and career challenging courses should be	204
paramount when considering placement. This does not preclude the	205
school in the receiving state from performing subsequent	206
evaluations to ensure appropriate placement and continued	207
enrollment of the student in the courses.	208

B. Educational program placement - The receiving state school	209
shall initially honor placement of the student in educational	210
programs based on current educational assessments conducted at the	211
school in the sending state or participation/placement in like	212
programs in the sending state. Such programs include, but are not	213
limited to: 1) gifted and talented programs; and 2) English as a	214
second language. This does not preclude the school in the	215
receiving state from performing subsequent evaluations to ensure	216
appropriate placement of the student.	217

C. Special education services - 1) In compliance with the	218
federal requirements of the Individuals with Disabilities	219
Education Act (IDEA), 20 U.S.C. 1400 et seq., the receiving state	220
shall initially provide comparable services to a student with	221
disabilities based on the student's current individualized	222
education program (IEP); and 2) in compliance with the	223
requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.	224
794, and with Title II of the Americans with Disabilities Act, 42	225
U.S.C. 12131 to 12165, the receiving state shall make reasonable	226
accommodations and modifications to address the needs of incoming	227
students with disabilities, subject to an existing Section 504 or	228
Title II Plan, to provide the student with equal access to	229
education. This does not preclude the school in the receiving	230
state from performing subsequent evaluations to ensure appropriate	231
placement of the student.	232

D. Placement flexibility - Local education agency	233
administrative officials shall have flexibility in waiving course	234
or program prerequisites, or other preconditions for placement in	235
courses or programs offered under the jurisdiction of the local	236
education agency.	237

E. Absence as related to deployment activities - A student	238
whose parent or legal guardian is an active duty member of the	239
uniformed services, as defined by the compact, and has been called	240
to duty for, is on leave from, or immediately returned from	241
deployment to a combat zone or combat support posting, shall be	242
granted additional excused absences at the discretion of the local	243
education agency superintendent to visit with the student's parent	244
or legal guardian relative to such leave or deployment of the	245
parent or guardian.	246

ARTICLE VI. ELIGIBILITY

247

A. Eligibility for enrollment

248

1. A special power of attorney, relative to the guardianship	249
of a child of a military family and executed under applicable law	250
shall be sufficient for the purposes of enrollment and all other	251
actions requiring parental participation and consent.	252

2. A local education agency shall be prohibited from charging	253
local tuition to a transitioning military child placed in the care	254
of a noncustodial parent or other person standing in loco parentis	255
who lives in a jurisdiction other than that of the custodial	256
parent.	257

3. A transitioning military child, placed in the care of a	258
noncustodial parent or other person standing in loco parentis who	259
lives in a jurisdiction other than that of the custodial parent,	260
may continue to attend the school in which the child was enrolled	261
while residing with the custodial parent.	262

B. Eligibility for extracurricular participation - State and	263
local education agencies shall facilitate the opportunity for	264
transitioning military children's inclusion in extracurricular	265
activities, regardless of application deadlines, to the extent	266
they are otherwise qualified.	267

ARTICLE VII. GRADUATION

268

In order to facilitate the on-time graduation of children of	269
military families states and local education agencies shall	270
incorporate the following procedures:	271

A. Waiver requirements - Local education agency	272
administrative officials shall waive specific courses required for	273
graduation if similar coursework has been satisfactorily	274
completed in another local education agency or shall provide	275
reasonable justification for denial. Should a waiver not be	276
granted to a student who would qualify to graduate from the	277
sending school, the local education agency shall provide an	278
alternative means of acquiring required coursework so that	279
graduation may occur on time.	280

B. Exit exams - States shall accept: 1) exit or end-of-course	281
exams required for graduation from the sending state; or 2)	282
national norm-referenced achievement tests; or 3) alternative	283
testing, in lieu of testing requirements for graduation in the	284
receiving state. In the event the above alternatives cannot be	285
accommodated by the receiving state for a student transferring in	286
his or her Senior year, then the provisions of Article VII,	287
Section C shall apply.	288

C. Transfers during Senior year - Should a military student	289
transferring at the beginning or during the student's Senior year	290
be ineligible to graduate from the receiving local education	291
agency after all alternatives have been considered, the sending	292
and receiving local education agencies shall ensure the receipt	293
of a diploma from the sending local education agency, if the	294
student meets the graduation requirements of the sending local	295
education agency. In the event that one of the states in question	296
is not a member of this compact, the member state shall use best	297
efforts to facilitate the on-time graduation of the student in	298
accordance with Sections A and B of this Article.	299

ARTICLE VIII. STATE COORDINATION

300

A. Each member state shall, through the creation of a state	301
council or use of an existing body or board, provide for the	302
coordination among its agencies of government, local education	303
agencies and military installations concerning the state's	304
participation in, and compliance with, this compact and Interstate	305
Commission activities. While each member state may determine the	306
membership of its own state council, its membership must include	307
at least: the state superintendent of education, superintendent of	308
a school district with a high concentration of military children,	309
representative from a military installation, one representative	310
each from the legislative and executive branches of government,	311
and other offices and stakeholder groups the state council deems	312
appropriate. A member state that does not have a school district	313
deemed to contain a high concentration of military children may	314
appoint a superintendent from another school district to represent	315
local education agencies on the state council.	316

B. The state council of each member state shall appoint or	317
designate a military family education liaison to assist military	318
families and the state in facilitating the implementation of this	319
compact.	320

C. The compact commissioner responsible for the	321
administration and management of the state's participation in the	322
compact shall be appointed by the governor or as otherwise	323
determined by each member state.	324

D. The compact commissioner and the military family education	325
liaison designated herein shall be ex officio members of the state	326
council, unless either is already a full voting member of the	327
state council.	328

ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY	329
FOR MILITARY CHILDREN	330

The member states hereby create the "Interstate Commission on	331
Educational Opportunity for Military Children." The activities of	332
the Interstate Commission are the formation of public policy and	333
are a discretionary state function. The Interstate Commission	334
shall:	335

A. Be a body corporate and joint agency of the member states	336
and shall have all the responsibilities, powers and duties set	337
forth herein, and such additional powers as may be conferred upon	338
it by a subsequent concurrent action of the respective	339
legislatures of the member states in accordance with the terms of	340
this compact.	341

B. Consist of one Interstate Commission voting representative	342
from each member state who shall be that state's compact	343
commissioner.	344

1. Each member state represented at a meeting of the	345
Interstate Commission is entitled to one vote.	346

2. A majority of the total member states shall constitute a	347
quorum for the transaction of business, unless a larger quorum is	348
required by the bylaws of the Interstate Commission.	349

3. A representative shall not delegate a vote to another	350
member state. In the event the compact commissioner is unable to	351
attend a meeting of the Interstate Commission, the governor or	352
state council may delegate voting authority to another person from	353
their state for a specified meeting.	354

4. The bylaws may provide for meetings of the Interstate	355
Commission to be conducted by telecommunication or electronic	356
communication.	357

C. Consist of ex officio, nonvoting representatives who are	358
members of interested organizations. Such ex officio members, as	359
defined in the bylaws, may include but not be limited to, members	360
of the representative organizations of military family advocates,	361
local education agency officials, parent and teacher groups, the	362
Department of Defense, the Education Commission of the States, the	363
Interstate Agreement on the Qualification of Educational Personnel	364
and other interstate compacts affecting the education of children	365
of military members.	366

D. Meet at least once each calendar year. The chairperson may	367
call additional meetings and, upon the request of a simple	368
majority of the member states, shall call additional meetings.	369

E. Establish an executive committee, whose members shall	370
include the officers of the Interstate Commission and such other	371
members of the Interstate Commission as determined by the bylaws.	372
Members of the executive committee shall serve a one year term.	373
Members of the executive committee shall be entitled to one vote	374
each. The executive committee shall have the power to act on	375
behalf of the Interstate Commission, with the exception of	376
rulemaking, during periods when the Interstate Commission is not	377
in session. The executive committee shall oversee the day-to-day	378
activities of the administration of the compact including	379
enforcement and compliance with the provisions of the compact, its	380
bylaws and rules, and other such duties as deemed necessary. The	381
Department of Defense, shall serve as an ex officio, nonvoting	382
member of the executive committee.	383

F. Establish bylaws and rules that provide for conditions and	384
procedures under which the Interstate Commission shall make its	385
information and official records available to the public for	386
inspection or copying. The Interstate Commission may exempt from	387
disclosure information or official records to the extent they	388
would adversely affect personal privacy rights or proprietary	389
interests.	390

G. Give public notice of all meetings and all meetings shall	391
be open to the public, except as set forth in the rules or as	392
otherwise provided in the compact. The Interstate Commission and	393
its committees may close a meeting, or portion thereof, where it	394
determines by two-thirds vote that an open meeting would be likely	395
to:	396

1. Relate solely to the Interstate Commission's internal	397
personnel practices and procedures;	398

2. Disclose matters specifically exempted from disclosure by	399
federal and state statute;	400

3. Disclose trade secrets or commercial or financial	401
information which is privileged or confidential;	402

4. Involve accusing a person of a crime, or formally	403
censuring a person;	404

5. Disclose information of a personal nature where disclosure	405
would constitute a clearly unwarranted invasion of personal	406
privacy;	407

6. Disclose investigative records compiled for law	408
enforcement purposes; or	409

7. Specifically relate to the Interstate Commission's	410
participation in a civil action or other legal proceeding.	411

H. Shall cause its legal counsel or designee to certify that	412
a meeting may be closed and shall reference each relevant	413
exemptible provision for any meeting, or portion of a meeting,	414
which is closed pursuant to this provision. The Interstate	415
Commission shall keep minutes which shall fully and clearly	416
describe all matters discussed in a meeting and shall provide a	417
full and accurate summary of actions taken, and the reasons	418
therefore, including a description of the views expressed and the	419
record of a roll call vote. All documents considered in connection	420
with an action shall be identified in such minutes. All minutes	421
and documents of a closed meeting shall remain under seal, subject	422
to release by a majority vote of the Interstate Commission.	423

I. Shall collect standardized data concerning the educational	424
transition of the children of military families under this compact	425
as directed through its rules which shall specify the data to be	426
collected, the means of collection and data exchange, and	427
reporting requirements. Such methods of data collection,	428
exchange, and reporting shall, in so far as is reasonably	429
possible, conform to current technology and coordinate its	430
information functions with the appropriate custodian of records	431
as identified in the bylaws and rules.	432

J. Shall create a process that permits military officials,	433
education officials and parents to inform the Interstate	434
Commission if and when there are alleged violations of the compact	435
or its rules or when issues subject to the jurisdiction of the	436
compact or its rules are not addressed by the state or local	437
education agency. This section shall not be construed to create a	438
private right of action against the Interstate Commission or any	439
member state.	440

ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

441

The Interstate Commission shall have the following powers:

442

A. To provide for dispute resolution among member states.

443

B. To promulgate rules and take all necessary actions to	444
effect the goals, purposes, and obligations as enumerated in this	445
compact. The rules shall have the force and effect of statutory	446
law and shall be binding in the compact states to the extent and	447
in the manner provided in this compact.	448

C. To issue, upon request of a member state, advisory	449
opinions concerning the meaning or interpretation of the	450
interstate compact, its bylaws, rules, and actions.	451

D. To enforce compliance with the compact provisions, the	452
rules promulgated by the Interstate Commission, and the bylaws,	453
using all necessary and proper means, including but not limited to	454
the use of judicial process.	455

E. To establish and maintain offices which shall be located	456
within one or more of the member states.	457

F. To purchase and maintain insurance and bonds.

458

G. To borrow, accept, hire, or contract for services of	459
personnel.	460

H. To establish and appoint committees including, but not	461
limited to, an executive committee as required by Article IX,	462
Section E, which shall have the power to act on behalf of the	463
Interstate Commission in carrying out its powers and duties	464
hereunder.	465

I. To elect or appoint such officers, attorneys, employees,	466
agents, or consultants, and to fix their compensation, define	467
their duties and determine their qualifications; and to establish	468
the Interstate Commission's personnel policies and programs	469
relating to conflicts of interest, rates of compensation, and	470
qualifications of personnel.	471

J. To accept any and all donations and grants of money,	472
equipment, supplies, materials, and services, and to receive,	473
utilize, and dispose of it.	474

K. To lease, purchase, accept contributions or donations of,	475
or otherwise to own, hold, improve, or use any property, real,	476
personal, or mixed.	477

L. To sell, convey, mortgage, pledge, lease, exchange,	478
abandon, or otherwise dispose of any property, real, personal, or	479
mixed.	480

M. To establish a budget and make expenditures.

481

N. To adopt a seal and bylaws governing the management and	482
operation of the Interstate Commission.	483

O. To report annually to the legislatures, governors,	484
judiciary, and state councils of the member states concerning the	485
activities of the Interstate Commission during the preceding year.	486
Such reports shall also include any recommendations that may have	487
been adopted by the Interstate Commission.	488

P. To coordinate education, training, and public awareness	489
regarding the compact, its implementation and operation for	490
officials and parents involved in such activity.	491

Q. To establish uniform standards for the reporting,	492
collecting and exchanging of data.	493

R. To maintain corporate books and records in accordance with	494
the bylaws.	495

S. To perform such functions as may be necessary or	496
appropriate to achieve the purposes of this compact.	497

T. To provide for the uniform collection and sharing of	498
information between and among member states, schools, and military	499
families under this compact.	500

ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE	501
COMMISSION	502

A. The Interstate Commission shall, by a majority of the	503
members present and voting, within twelve months after the first	504
Interstate Commission meeting, adopt bylaws to govern its conduct	505
as may be necessary or appropriate to carry out the purposes of	506
the compact, including, but not limited to:	507

1. Establishing the fiscal year of the Interstate Commission;

508

2. Establishing an executive committee, and such other	509
committees as may be necessary;	510

3. Providing for the establishment of committees and for	511
governing any general or specific delegation of authority or	512
function of the Interstate Commission;	513

4. Providing reasonable procedures for calling and conducting	514
meetings of the Interstate Commission, and ensuring reasonable	515
notice of each such meeting;	516

5. Establishing the titles and responsibilities of the	517
officers and staff of the Interstate Commission;	518

6. Providing a mechanism for concluding the operations of the	519
Interstate Commission and the return of surplus funds that may	520
exist upon the termination of the compact after the payment and	521
reserving of all of its debts and obligations.	522

7. Providing "start up" rules for initial administration of	523
the compact.	524

B. The Interstate Commission shall, by a majority of the	525
members, elect annually from among its members a chairperson, a	526
vice-chairperson, and a treasurer, each of whom shall have such	527
authority and duties as may be specified in the bylaws. The	528
chairperson or, in the chairperson's absence or disability, the	529
vice-chairperson, shall preside at all meetings of the Interstate	530
Commission. The officers so elected shall serve without	531
compensation or remuneration from the Interstate Commission;	532
provided that, subject to the availability of budgeted funds, the	533
officers shall be reimbursed for ordinary and necessary costs and	534
expenses incurred by them in the performance of their	535
responsibilities as officers of the Interstate Commission.	536

C. Executive Committee, Officers, and Personnel

537

1. The executive committee shall have such authority and	538
duties as may be set forth in the bylaws, including but not	539
limited to:	540

a. Managing the affairs of the Interstate Commission in a	541
manner consistent with the bylaws and purposes of the Interstate	542
Commission;	543

b. Overseeing an organizational structure within, and	544
appropriate procedures for the Interstate Commission to provide	545
for the creation of rules, operating procedures, and	546
administrative and technical support functions; and	547

c. Planning, implementing, and coordinating communications	548
and activities with other state, federal, and local government	549
organizations in order to advance the goals of the Interstate	550
Commission.	551

2. The executive committee may, subject to the approval of	552
the Interstate Commission, appoint or retain an executive director	553
for such period, upon such terms and conditions and for such	554
compensation, as the Interstate Commission may deem appropriate.	555
The executive director shall serve as secretary to the Interstate	556
Commission, but shall not be a Member of the Interstate	557
Commission. The executive director shall hire and supervise such	558
other persons as may be authorized by the Interstate Commission.	559

D. The Interstate Commission's executive director and its	560
employees shall be immune from suit and liability, either	561
personally or in their official capacity, for a claim for damage	562
to or loss of property or personal injury or other civil liability	563
caused or arising out of or relating to an actual or alleged act,	564
error, or omission that occurred, or that such person had a	565
reasonable basis for believing occurred, within the scope of	566
Interstate Commission employment, duties, or responsibilities;	567
provided, that such person shall not be protected from suit or	568
liability for damage, loss, injury, or liability caused by the	569
intentional or willful and wanton misconduct of such person.	570

1. The liability of the Interstate Commission's executive	571
director and employees or Interstate Commission representatives,	572
acting within the scope of such person's employment or duties for	573
acts, errors, or omissions occurring within such person's state	574
may not exceed the limits of liability set forth under the	575
Constitution and laws of that state for state officials,	576
employees, and agents. The Interstate Commission is considered to	577
be an instrumentality of the states for the purposes of any such	578
action. Nothing in this subsection shall be construed to protect	579
such person from suit or liability for damage, loss, injury, or	580
liability caused by the intentional or willful and wanton	581
misconduct of such person.	582

2. The Interstate Commission shall defend the executive	583
director and its employees and, subject to the approval of the	584
Attorney General or other appropriate legal counsel of the member	585
state represented by an Interstate Commission representative,	586
shall defend such Interstate Commission representative in any	587
civil action seeking to impose liability arising out of an actual	588
or alleged act, error or omission that occurred within the scope	589
of Interstate Commission employment, duties or responsibilities,	590
or that the defendant had a reasonable basis for believing	591
occurred within the scope of Interstate Commission employment,	592
duties, or responsibilities, provided that the actual or alleged	593
act, error, or omission did not result from intentional or willful	594
and wanton misconduct on the part of such person.	595

3. To the extent not covered by the state involved, member	596
state, or the Interstate Commission, the representatives or	597
employees of the Interstate Commission shall be held harmless in	598
the amount of a settlement or judgment, including attorney's fees	599
and costs, obtained against such persons arising out of an actual	600
or alleged act, error, or omission that occurred within the scope	601
of Interstate Commission employment, duties, or responsibilities,	602
or that such persons had a reasonable basis for believing	603
occurred within the scope of Interstate Commission employment,	604
duties, or responsibilities, provided that the actual or alleged	605
act, error, or omission did not result from intentional or	606
willful and wanton misconduct on the part of such persons.	607

ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE	608
COMMISSION	609

A. Rulemaking Authority - The Interstate Commission shall	610
promulgate reasonable rules in order to effectively and	611
efficiently achieve the purposes of this compact. Notwithstanding	612
the foregoing, in the event the Interstate Commission exercises	613
its rulemaking authority in a manner that is beyond the scope of	614
the purposes of this act, or the powers granted hereunder, then	615
such an action by the Interstate Commission shall be invalid and	616
have no force or effect.	617

B. Rulemaking Procedure - Rules shall be made pursuant to a	618
rulemaking process that substantially conforms to the "Model State	619
Administrative Procedure Act," of 1981 Act, Uniform Laws	620
Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate	621
to the operations of the Interstate Commission.	622

C. Not later than thirty days after a rule is promulgated,	623
any person may file a petition for judicial review of the rule;	624
provided, that the filing of such a petition shall not stay or	625
otherwise prevent the rule from becoming effective unless the	626
court finds that the petitioner has a substantial likelihood of	627
success. The court shall give deference to the actions of the	628
Interstate Commission consistent with applicable law and shall not	629
find the rule to be unlawful if the rule represents a reasonable	630
exercise of the Interstate Commission's authority.	631

D. If a majority of the legislatures of the compacting states	632
rejects a rule by enactment of a statute or resolution in the same	633
manner used to adopt the compact, then such rule shall have no	634
further force and effect in any compacting state.	635

ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

636

A. Oversight

637

1. The executive, legislative, and judicial branches of state	638
government in each member state shall enforce this compact and	639
shall take all actions necessary and appropriate to effectuate the	640
compact's purposes and intent. The provisions of this compact and	641
the rules promulgated hereunder shall have standing as statutory	642
law.	643

2. All courts shall take judicial notice of the compact and	644
the rules in any judicial or administrative proceeding in a member	645
state pertaining to the subject matter of this compact which may	646
affect the powers, responsibilities or actions of the Interstate	647
Commission.	648

3. The Interstate Commission shall be entitled to receive all	649
service of process in any such proceeding, and shall have standing	650
to intervene in the proceeding for all purposes. Failure to	651
provide service of process to the Interstate Commission shall	652
render a judgment or order void as to the Interstate Commission,	653
this compact or promulgated rules.	654

B. Default, Technical Assistance, Suspension, and Termination	655
- If the Interstate Commission determines that a member state has	656
defaulted in the performance of its obligations or	657
responsibilities under this compact, or the bylaws or promulgated	658
rules, the Interstate Commission shall:	659

1. Provide written notice to the defaulting state and other	660
member states, of the nature of the default, the means of curing	661
the default and any action taken by the Interstate Commission. The	662
Interstate Commission shall specify the conditions by which the	663
defaulting state must cure its default.	664

2. Provide remedial training and specific technical	665
assistance regarding the default.	666

3. If the defaulting state fails to cure the default, the	667
defaulting state shall be terminated from the compact upon an	668
affirmative vote of a majority of the member states and all	669
rights, privileges and benefits conferred by this compact shall be	670
terminated from the effective date of termination. A cure of the	671
default does not relieve the offending state of obligations or	672
liabilities incurred during the period of the default.	673

4. Suspension or termination of membership in the compact	674
shall be imposed only after all other means of securing compliance	675
have been exhausted. Notice of intent to suspend or terminate	676
shall be given by the Interstate Commission to the governor, the	677
majority and minority leaders of the defaulting state's	678
legislature, and each of the member states.	679

5. The state which has been suspended or terminated is	680
responsible for all assessments, obligations and liabilities	681
incurred through the effective date of suspension or termination	682
including obligations, the performance of which extends beyond the	683
effective date of suspension or termination.	684

6. The Interstate Commission shall not bear any costs	685
relating to any state that has been found to be in default or	686
which has been suspended or terminated from the compact, unless	687
otherwise mutually agreed upon in writing between the Interstate	688
Commission and the defaulting state.	689

7. The defaulting state may appeal the action of the	690
Interstate Commission by petitioning the United States District	691
Court for the District of Columbia or the federal district where	692
the Interstate Commission has its principal offices. The	693
prevailing party shall be awarded all costs of such litigation	694
including reasonable attorney's fees.	695

C. Dispute Resolution

696

1. The Interstate Commission shall attempt, upon the request	697
of a member state, to resolve disputes which are subject to the	698
compact and which may arise among member states and between member	699
and nonmember states.	700

2. The Interstate Commission shall promulgate a rule	701
providing for both mediation and binding dispute resolution for	702
disputes as appropriate.	703

D. Enforcement

704

1. The Interstate Commission, in the reasonable exercise of	705
its discretion, shall enforce the provisions and rules of this	706
compact.	707

2. The Interstate Commission, may by majority vote of the	708
members, initiate legal action in the United States District Court	709
for the District of Columbia or, at the discretion of the	710
Interstate Commission, in the federal district where the	711
Interstate Commission has its principal offices, to enforce	712
compliance with the provisions of the compact, its promulgated	713
rules and bylaws, against a member state in default. The relief	714
sought may include both injunctive relief and damages. In the	715
event judicial enforcement is necessary the prevailing party shall	716
be awarded all costs of such litigation including reasonable	717
attorney's fees.	718

3. The remedies herein shall not be the exclusive remedies of	719
the Interstate Commission. The Interstate Commission may avail	720
itself of any other remedies available under state law or the	721
regulation of a profession.	722

ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION

723

A. The Interstate Commission shall pay, or provide for the	724
payment of the reasonable expenses of its establishment,	725
organization, and ongoing activities.	726

B. The Interstate Commission may levy on and collect an	727
annual assessment from each member state to cover the cost of the	728
operations and activities of the Interstate Commission and its	729
staff which must be in a total amount sufficient to cover the	730
Interstate Commission's annual budget as approved each year. The	731
aggregate annual assessment amount shall be allocated based upon a	732
formula to be determined by the Interstate Commission, which shall	733
promulgate a rule binding upon all member states.	734

C. The Interstate Commission shall not incur obligations of	735
any kind prior to securing the funds adequate to meet the same;	736
nor shall the Interstate Commission pledge the credit of any of	737
the member states, except by and with the authority of the member	738
state.	739

D. The Interstate Commission shall keep accurate accounts of	740
all receipts and disbursements. The receipts and disbursements of	741
the Interstate Commission shall be subject to the audit and	742
accounting procedures established under its bylaws. However, all	743
receipts and disbursements of funds handled by the Interstate	744
Commission shall be audited yearly be a certified or licensed	745
public accountant and the report of the audit shall be included in	746
and become part of the annual report of the Interstate Commission.	747

ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

748

A. Any state is eligible to become a member state.

749

B. The compact shall become effective and binding upon	750
legislative enactment of the compact into law by no less than ten	751
of the states. The effective date shall be no earlier than	752
December 1, 2007. Thereafter it shall become effective and binding	753
as to any other member state upon enactment of the compact into	754
law by that state. The governors of nonmember states or their	755
designees shall be invited to participate in the activities of the	756
Interstate Commission on a nonvoting basis prior to adoption of	757
the compact by all states.	758

C. The Interstate Commission may propose amendments to the	759
compact for enactment by the member states. No amendment shall	760
become effective and binding upon the Interstate Commission and	761
the member states unless and until it is enacted into law by	762
unanimous consent of the member states.	763

ARTICLE XVI. WITHDRAWAL AND DISSOLUTION

764

A. Withdrawal

765

1. Once effective, the compact shall continue in force and	766
remain binding upon each and every member state; provided that a	767
member state may withdraw from the compact by specifically	768
repealing the statute, which enacted the compact into law.	769

2. Withdrawal from this compact shall be by the enactment of	770
a statute repealing the same, but shall not take effect until one	771
year after the effective date of such statute and until written	772
notice of the withdrawal has been given by the withdrawing state	773
to the Governor of each other member jurisdiction.	774

3. The withdrawing state shall immediately notify the	775
chairperson of the Interstate Commission in writing upon the	776
introduction of legislation repealing this compact in the	777
withdrawing state. The Interstate Commission shall notify the	778
other member states of the withdrawing state's intent to withdraw	779
within sixty days of its receipt thereof.	780

4. The withdrawing state is responsible for all assessments,	781
obligations and liabilities incurred through the effective date of	782
withdrawal, including obligations, the performance of which extend	783
beyond the effective date of withdrawal.	784

5. Reinstatement following withdrawal of a member state shall	785
occur upon the withdrawing state reenacting the compact or upon	786
such later date as determined by the Interstate Commission.	787

B. Dissolution of Compact

788

1. This compact shall dissolve effective upon the date of the	789
withdrawal or default of the member state which reduces the	790
membership in the compact to one member state.	791

2. Upon the dissolution of this compact, the compact becomes	792
null and void and shall be of no further force or effect, and the	793
business and affairs of the Interstate Commission shall be	794
concluded and surplus funds shall be distributed in accordance	795
with the bylaws.	796

ARTICLE XVII. SEVERABILITY AND CONSTRUCTION

797

A. The provisions of this compact shall be severable, and if	798
any phrase, clause, sentence or provision is deemed unenforceable,	799
the remaining provisions of the compact shall be enforceable.	800

B. The provisions of this compact shall be liberally	801
construed to effectuate its purposes.	802

C. Nothing in this compact shall be construed to prohibit the	803
applicability of other interstate compacts to which the states are	804
members.	805

ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS

806

A. Other Laws

807

1. Nothing herein prevents the enforcement of any other law	808
of a member state that is not inconsistent with this compact.	809

2. All member states' laws conflicting with this compact are	810
superseded to the extent of the conflict.	811

B. Binding Effect of the Compact

812

1. All lawful actions of the Interstate Commission, including	813
all rules and bylaws promulgated by the Interstate Commission, are	814
binding upon the member states.	815

2. All agreements between the Interstate Commission and the	816
member states are binding in accordance with their terms.	817

3. In the event any provision of this compact exceeds the	818
constitutional limits imposed on the legislature of any member	819
state, such provision shall be ineffective to the extent of the	820
conflict with the constitutional provision in question in that	821
member state.	822

Sec. 3301.61.  (A) The state council on educational	823
opportunity for military children is hereby established within	824
the department of education. The council shall consist of the	825
following members:	826

(1) The superintendent of public instruction or the	827
superintendent's designee;	828

(2) The director of veterans services or the director's	829
designee;	830

(3) The superintendent of a school district that has a high	831
concentration of children of military families, appointed by the	832
governor;	833

(4) A representative of a military installation located in	834
this state, appointed by the governor;	835

(5) A representative of the governor's office, appointed by	836
the governor;	837

(6) Four members of the general assembly, appointed as	838
follows:	839

(a) One member of the house of representatives appointed by	840
the speaker of the house of representatives;	841

(b) One member of the house of representatives appointed by	842
the minority leader of the house of representatives;	843

(c) One member of the senate appointed by the president of	844
the senate;	845

(d) One member of the senate appointed by the minority leader	846
of the senate.	847

(7) The compact commissioner appointed under section 3301.62	848
of the Revised Code;	849

(8) The military family education liaison appointed under	850
section 3301.63 of the Revised Code;	851

(9) Other members appointed in the manner prescribed by and	852
seated at the discretion of the voting members of the council.	853

The members of the council shall serve at the pleasure of	854
their appointing authorities. Vacancies shall be filled in the	855
manner of the initial appointments.	856

The members appointed under divisions (A)(6) to (9) of this	857
section shall be nonvoting members of the council.	858

The members of the council shall serve without compensation.

859

(B) The council shall oversee and provide coordination for	860
the state's participation in and compliance with the interstate	861
compact on educational opportunity for military children, as	862
ratified by section 3301.60 of the Revised Code.	863

(C) The department of education shall provide staff support	864
for the council.	865

(D) Sections 101.82 to 101.87 of the Revised Code do not	866
apply to the council.	867

(E) As used in this section, "children of military families"	868
and "military installation" have the same meanings as in Article	869
II of the interstate compact on educational opportunity for	870
military children.	871

Sec. 3301.62.  The governor shall appoint a compact	872
commissioner who shall be responsible for administering the	873
state's participation in the interstate compact on educational	874
opportunity for military children, as ratified by section 3301.60	875
of the Revised Code. The compact commissioner shall be a state	876
officer within the department of education and shall serve at the	877
pleasure of the governor.	878

Sec. 3301.63.  The state council on educational opportunity	879
for military children, established under section 3301.61 of the	880
Revised Code, shall appoint a military family education liaison	881
to assist families and the state in implementing the interstate	882
compact on educational opportunity for military children, as	883
ratified by section 3301.60 of the Revised Code. The department of	884
education shall provide staff support for the military family	885
education liaison.	886

Sec. 3301.64. The annual assessment charged to the state for	887
participating in the interstate compact on educational opportunity	888
for military children shall be divided equally between the	889
department of education and the department of veterans services.	890