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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 |
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 |
15 | |
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) Subject to section 3301.64 of the Revised | 823 |
Code, the state council on educational opportunity for military | 824 |
children is hereby established within the governor's office of | 825 |
veterans' affairs. The council shall consist of the following | 826 |
members: | 827 |
(1) The superintendent of public instruction; | 828 |
(2) The superintendent of a school district that has a high | 829 |
concentration of children of military families, appointed by the | 830 |
governor; | 831 |
(3) A representative of a military installation located in | 832 |
this state, appointed by the governor; | 833 |
(4) A representative of the governor's office, appointed by | 834 |
the governor; | 835 |
(5) Four members of the general assembly, appointed as | 836 |
follows: | 837 |
(a) One member of the house of representatives appointed by | 838 |
the speaker of the house of representatives; | 839 |
(b) One member of the house of representatives appointed by | 840 |
the minority leader of the house of representatives; | 841 |
(c) One member of the senate appointed by the president of | 842 |
the senate; | 843 |
(d) One member of the senate appointed by the minority leader | 844 |
of the senate. | 845 |
(6) The compact commissioner appointed under section 3301.62 | 846 |
of the Revised Code; | 847 |
(7) The military education family education liaison appointed | 848 |
under section 3301.63 of the Revised Code; | 849 |
(8) Other members appointed in the manner prescribed by and | 850 |
seated at the discretion of the voting members of the council. | 851 |
The members of the council shall serve at the pleasure of | 852 |
their appointing authorities. Vacancies shall be filled in the | 853 |
manner of the initial appointments. | 854 |
The members appointed under divisions (A)(5) to (8) of this | 855 |
section shall be nonvoting members of the council. | 856 |
The members of the council shall serve without compensation. | 857 |
(B) The council shall oversee and provide coordination for | 858 |
the state's participation in and compliance with the interstate | 859 |
compact on educational opportunity for military children, as | 860 |
ratified by section 3301.60 of the Revised Code. | 861 |
(C) The governor's office of veterans' affairs shall provide | 862 |
staff support for the council. | 863 |
(D) Sections 101.82 to 101.87 of the Revised Code do not | 864 |
apply to the council. | 865 |
(E) As used in this section, "children of military families" | 866 |
and "military installation" have the same meanings as in Article | 867 |
II of the interstate compact on educational opportunity for | 868 |
military children. | 869 |
Sec. 3301.62. Subject to section 3301.64 of the Revised | 870 |
Code, the governor shall appoint a compact commissioner who shall | 871 |
be responsible for administering the state's participation in the | 872 |
interstate compact on educational opportunity for military | 873 |
children, as ratified by section 3301.60 of the Revised Code. The | 874 |
compact commissioner shall be a state officer within the | 875 |
governor's office of veterans' affairs and shall serve at the | 876 |
pleasure of the governor. | 877 |
Sec. 3301.63. Subject to section 3301.64 of the Revised | 878 |
Code, the state council on educational opportunity for military | 879 |
children, established under section 3301.61 of the Revised Code, | 880 |
shall appoint a military education family education liaison to | 881 |
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 governor's | 884 |
office of veterans' affairs shall provide staff support for the | 885 |
military education family education liaison. | 886 |
Sec. 3301.64. Notwithstanding sections 3301.61, 3301.62, and | 887 |
3301.63 of the Revised Code, the state council on educational | 888 |
opportunity for military children, the compact commissioner, and | 889 |
the military education family education liaison shall not be | 890 |
appointed until such time as not less than ten states, including | 891 |
this state, ratify the interstate compact on educational | 892 |
opportunity for military children. | 893 |