12 SB227/AP
Senate
Bill 227
By:
Senator Loudermilk of the 52nd
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
To
amend Title 20 of the Official Code of Georgia Annotated, relating to education,
so as to adopt the "Interstate Compact on Educational Opportunity for Military
Children"; to provide for a short title; to provide for the purpose and policy
of said compact; to define the terminology used in said compact; to provide for
applicability; to provide for educational records and enrollment; to provide for
placement and attendance; to provide for eligibility; to provide for graduation;
to provide for state coordination services; to create the Interstate Commission
on Educational Opportunity for Military Children; to provide for the members of
the interstate commission and their service; to provide for an executive
committee and its membership and duties; to provide for the powers, duties,
organization, and operations of the commission; to provide for oversight,
enforcement, and dispute resolution; to provide for financing of the interstate
commission; to provide for member states, an effective date, and amendments; to
provide for withdrawal and dissolution; to provide for binding effect and other
laws; to repeal certain laws; to provide for other related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by adding a new chapter to read as follows:
"CHAPTER
17
20-17-1.
This
chapter shall be known and may be cited as the 'Interstate Compact on
Educational Opportunity for Military Children.'
20-17-2.
'The
Interstate Compact on Educational Opportunity for Military Children' is enacted
into law and entered into by the State of Georgia with any and all states
legally joining therein in the form substantially as follows:
'Interstate
Compact on Educational Opportunity for Military Children
The
Contracting States solemnly agree
that:
ARTICLE
I
PURPOSE
It
is the purpose of this compact to remove barriers to educational success imposed
on children of military families because of frequent moves and deployment of
their parents by:
A.
Facilitating the timely enrollment of children of military families and ensuring
that they are not placed at a disadvantage due to difficulty in the transfer of
education records from the previous school district or variations in entrance or
age requirements;
B.
Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements,
scheduling, sequencing, grading, course content, or assessment;
C.
Facilitating the qualification and eligibility for enrollment, educational
programs, and participation in extracurricular academic, athletic, and social
activities;
D.
Facilitating the on-time graduation of children of military
families;
E.
Providing for the promulgation and enforcement of administrative rules
implementing the provisions of this compact;
F.
Providing for the uniform collection and sharing of information between and
among member states, schools, and military families under this
compact;
G.
Promoting coordination between this compact and other compacts affecting
military children; and
H.
Promoting flexibility and cooperation between the educational system, parents,
and the student in order to achieve educational success for the
student.
ARTICLE
II
DEFINITIONS
As
used in this compact, unless the context clearly requires a different
construction:
A.
"Active duty" means full-time duty status in the active uniformed service of the
United States, including members of the National Guard and Reserve on active
duty orders pursuant to 10 U.S.C. Sections 1209 and 1211.
B.
"Children of military families" means school-aged children in the household of
an active duty member enrolled in kindergarten through grade 12.
C.
"Compact commissioner" means the voting representative of each compacting state
appointed pursuant to Article VIII of this compact.
D.
"Deployment" means the period one month prior to the service members' departure
from their home station on military orders though six months after return to
their home station.
E.
"Educational records" means those official records, files, and data directly
related to a student and maintained by the school or local education agency,
including, but not limited to, records encompassing all the material kept in the
student's cumulative folder, such as general identifying data; records of
attendance and of academic work completed; records of achievement and results of
evaluative tests; health data; disciplinary status; test protocols; and
individualized education programs.
F.
"Extracurricular activities" means a voluntary activity sponsored by the school
or local education agency or an organization sanctioned by the local education
agency. Extracurricular activities include, but are not limited to, preparation
for and involvement in public performances, contests, athletic competitions,
demonstrations, displays, and club activities.
G.
"Interstate Commission on Educational Opportunity for Military Children" or
"Interstate Commission" means the commission that is created under Article IX of
this compact.
H.
"Local education agency" means a public authority legally constituted by the
state as an administrative agency to provide control of and direction for
kindergarten through grade 12 public educational institutions.
I.
"Member state" means a state that has enacted this compact.
J.
"Military installation" means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the jurisdiction of the
United States Department of Defense, including any leased facility, which is
located within any of the several states, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Islands, and any other United States Territory.
Such term does not include any facility used primarily for civil works, rivers
and harbors projects, or flood control projects.
K.
"Nonmember state" means a state that has not enacted this compact.
L.
"Receiving state" means the state to which a child of a military family is sent,
brought, or caused to be sent or brought.
M.
"Rule" means a written statement by the Interstate Commission promulgated
pursuant to Article XII of this compact that is of general applicability,
implements, interprets, or prescribes a policy or provision of the compact, or
an organizational, procedural, or practice requirement of the Interstate
Commission, and includes the amendment, repeal, or suspension of an existing
rule.
N.
"Sending state" means the state from which a child of a military family is sent,
brought, or caused to be sent or brought.
O.
"State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Islands, and any other United States
Territory.
P.
"Student" means the child of a military family for whom the local education
agency receives public funding and who is formally enrolled in kindergarten
through grade 12.
Q.
"Transition" means the formal and physical process of transferring from school
to school or the period of time in which a student moves from one school in the
sending state to another school in the receiving state.
R.
"Uniformed service" means the Army, Navy, Air Force, Marine Corps, or Coast
Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric
Administration and Public Health Services.
S.
"Veteran" means a person who served in the uniformed services and who was
discharged or released therefrom under conditions other than
dishonorable.
ARTICLE
III
APPLICABILITY
A.
Except as otherwise provided in Section B of this article, this compact shall
apply to the children of:
(1)
Active duty members of the uniformed services as defined in this compact,
including members of the National Guard and Reserve on active duty orders
pursuant to 10 U.S.C. Sections 1209 and 1211;
(2)
Members or veterans of the uniformed services who are severely injured and
medically discharged or retired for a period of one year after medical discharge
or retirement; and
(3)
Members of the uniformed services who die on active duty or as a result of
injuries sustained on active duty for a period of one year after
death.
B.
The provisions of this interstate compact shall only apply to local education
agencies as defined in this compact.
C.
The provisions of this compact shall not apply to the children of:
(1)
Inactive members of the national guard and military reserves;
(2)
Members of the uniformed services now retired, except as provided in Section A
of this article;
(3)
Veterans of the uniformed services, except as provided in Section A of this
article; and
(4)
Other United States Department of Defense personnel and other federal agency
civilian and contract employees not defined as active duty members of the
uniformed services.
ARTICLE
IV
EDUCATIONAL
RECORDS & ENROLLMENT
A.
Unofficial or "hand-carried" education records — In the event that
official education records cannot be released to the parents for the purpose of
transfer, the custodian of the records in the sending state shall prepare and
furnish to the parent a complete set of unofficial educational records
containing uniform information as determined by the Interstate Commission. Upon
receipt of the unofficial education records by a school in the receiving state,
the school shall enroll and appropriately place the student based on the
information provided in the unofficial records pending validation by the
official records, as quickly as possible.
B.
Official education records and transcripts — Simultaneous with the
enrollment and conditional placement of the student, the school in the receiving
state shall request the student's official education record from the school in
the sending state. Upon receipt of this request, the school in the sending
state will process and furnish the official education records to the school in
the receiving state within ten days or within such time as is reasonably
determined under the rules promulgated by the Interstate
Commission.
C.
Immunizations — Compacting states shall give 30 days from the date of
enrollment or within such time as is reasonably determined under the rules
promulgated by the Interstate Commission for students to obtain any immunization
required by the receiving state. For a series of immunizations, initial
vaccinations must be obtained within 30 days or within such time as is
reasonably determined under the rules promulgated by the Interstate
Commission.
D.
Kindergarten and first grade entrance age — Students shall be allowed to
continue their enrollment at grade level in the receiving state commensurate
with their grade level, including kindergarten, from a local education agency in
the sending state at the time of transition, regardless of age. A student who
has satisfactorily completed the prerequisite grade level in the local education
agency in the sending state shall be eligible for enrollment in the next highest
grade level in the receiving state, regardless of age. A student transferring
after the start of the school year in the receiving state shall enter the school
in the receiving state on their validated level from an accredited school in the
sending state.
ARTICLE
V
PLACEMENT
& ATTENDANCE
A.
Course placement — When the student transfers before or during the school
year, the receiving state school shall initially honor placement of the student
in educational courses based on the student's enrollment in the sending state
school or educational assessments conducted at the school in the sending state
if the courses are offered. Course placement includes, but is not limited to,
honors, international baccalaureate, advanced placement, vocational, technical,
and career pathways courses. Continuing the student's academic program from the
previous school and promoting placement in academically and career challenging
courses should be paramount when considering placement. This does not preclude
the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement and continued enrollment of the student in the
course.
B.
Educational program placement — The receiving state school shall initially
honor placement of the student in educational programs based on current
educational assessments conducted at the school in the sending state or
participation or placement in like programs in the sending state. Such programs
include, but are not limited to, gifted and talented programs and English as a
second language. This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement of the
student.
C.
Special education services.
(1)
In compliance with the federal requirements of the Individuals with Disabilities
Education Act, 20 U.S.C.A. Section 1400 et seq, the receiving state shall
initially provide comparable services to a student with a disability based on
his or her current Individualized Education Program.
(2)
In compliance with the requirements of Section 504 of the Rehabilitation Act, 29
U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act,
42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable
accommodations and modifications to address the needs of incoming students with
disabilities, subject to an existing 504 or Title II Plan, to provide the
student with equal access to education. This does not preclude the school in
the receiving state from performing subsequent evaluations to ensure appropriate
placement of the student.
D.
Placement flexibility — Local education agency administrative officials
shall have flexibility in waiving course or program prerequisites or other
preconditions for placement in courses or programs offered under the
jurisdiction of the local education agency.
E.
Absence as related to deployment activities — A student whose parent or
legal guardian is an active duty member of the uniformed services, as defined by
the compact, and has been called to duty for, is on leave from, or immediately
returned from deployment to a combat zone or combat support posting shall be
granted additional excused absences at the discretion of the local education
agency superintendent to visit with his or her parent or legal guardian relative
to such leave or deployment of the parent or guardian.
ARTICLE
VI
ELIGIBILITY
A.
Eligibility for enrollment.
(1)
Special power of attorney, relative to the guardianship of a child of a military
family and executed under applicable law, shall be sufficient for the purposes
of enrollment and all other actions requiring parental participation and
consent.
(2)
A local education agency shall be prohibited from charging local tuition to a
transitioning military child placed in the care of a noncustodial parent or
other person standing in loco parentis who lives in a jurisdiction other than
that of the custodial parent.
(3)
A transitioning military child placed in the care of a noncustodial parent or
other person standing in loco parentis who lives in a jurisdiction other than
that of the custodial parent may continue to attend the school in which he or
she was enrolled while residing with the custodial parent.
B.
Eligibility for extracurricular participation — State and local education
agencies shall facilitate the opportunity for transitioning military children's
inclusion in extracurricular activities, regardless of application deadlines, to
the extent they are otherwise qualified.
ARTICLE
VII
GRADUATION
In
order to facilitate the on-time graduation of children of military families,
states and local education agencies shall incorporate the following
procedures:
A.
Waiver requirements — Local education agency administrative officials
shall waive specific courses required for graduation if similar course work has
been satisfactorily completed in another local education agency or shall provide
reasonable justification for denial. Should a waiver not be granted to a
student who would qualify to graduate from the sending school, the local
education agency shall provide an alternative means of acquiring required
coursework so that graduation may occur on time.
B.
Exit exams — States shall accept exit or end-of-course exams required for
graduation from the sending state, national norm-referenced achievement tests,
or alternative testing in lieu of testing requirements for graduation in the
receiving state. In the event the above alternatives cannot be accommodated by
the receiving state for a student transferring in his or her senior year, then
the provisions of Section C of this article shall apply.
C.
Transfers during Senior year — Should a military student transferring at
the beginning or during his or her senior year be ineligible to graduate from
the receiving local education agency after all alternatives have been
considered, the sending and receiving local education agencies shall ensure the
receipt of a diploma from the sending local education agency if the student
meets the graduation requirements of the sending local education agency. In the
event that one of the states in question is not a member of this compact, the
member state shall use best efforts to facilitate the on-time graduation of the
student in accordance with Sections A and B of this article.
ARTICLE
VIII
STATE
COORDINATION
A.
Each member state shall, through the creation of a state council or use of an
existing body or board, provide for the coordination among its agencies of
government, local education agencies, and military installations concerning the
state's participation in, and compliance with, this compact and Interstate
Commission activities. While each member state may determine the membership of
its own state council, its membership must include at least the state
superintendent of education, a superintendent of a school district with a high
concentration of military children, a representative from a military
installation, one representative from the executive branch of government, and
other offices and stakeholder groups the state council deems appropriate. A
member state that does not have a school district deemed to contain a high
concentration of military children may appoint a superintendent from another
school district to represent local education agencies on the state
council.
B.
The state council of each member state shall appoint or designate a military
family education liaison to assist military families and the state in
facilitating the implementation of this compact.
C.
The compact commissioner responsible for the administration and management of
the state's participation in the compact shall be appointed by the Governor or
as otherwise determined by each member state.
D.
The compact commissioner and the military family education liaison designated
herein shall be ex-officio members of the state council, unless either is
already a full voting member of the state council.
ARTICLE
IX
INTERSTATE
COMMISSION ON
EDUCATIONAL
OPPORTUNITY
FOR MILITARY CHILDREN
The
member states hereby create the "Interstate Commission on Educational
Opportunity for Military Children." The activities of the Interstate Commission
are the formation of public policy and are a discretionary state function. The
Interstate Commission shall:
(1)
Be a body corporate and joint agency of the member states and shall have all the
responsibilities, powers, and duties set forth herein and such additional powers
as may be conferred upon it by a subsequent concurrent action of the respective
legislatures of the member states in accordance with the terms of this
compact;
(2)
Consist of one Interstate Commission voting representative from each member
state who shall be that state's compact commissioner and:
A.
Each member state represented at a meeting of the Interstate Commission is
entitled to one vote;
B.
A majority of the total member states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of the
Interstate Commission;
C.
A representative shall not delegate a vote to another member state. In the
event the compact commissioner is unable to attend a meeting of the Interstate
Commission, the Governor or state council may delegate voting authority to
another person from their state for a specified meeting; and
D.
The bylaws may provide for meetings of the Interstate Commission to be conducted
by telecommunication or electronic communication;
(3)
Consist of ex-officio, nonvoting representatives who are members of interested
organizations. Such ex-officio members, as defined in the bylaws, may include,
but not be limited to, members of the representative organizations of military
family advocates, local education agency officials, parent and teacher groups,
the United States Department of Defense, the Education Commission of the States,
the Interstate Agreement on the Qualification of Educational Personnel, and
other interstate compacts affecting the education of children of military
members;
(4)
Meet at least once each calendar year. The chairperson may call additional
meetings and, upon the request of a simple majority of the member states, shall
call additional meetings;
(5)
Establish an executive committee, whose members shall include the officers of
the Interstate Commission and such other members of the Interstate Commission as
determined by the bylaws. Members of the executive committee shall serve a
one-year term. Members of the executive committee shall be entitled to one vote
each. The executive committee shall have the power to act on behalf of the
Interstate Commission, with the exception of rulemaking, during periods when the
Interstate Commission is not in session. The executive committee shall oversee
the day-to-day activities of the administration of the compact, including
enforcement and compliance with the provisions of the compact and its bylaws and
rules, and other such duties as deemed necessary. The United States Department
of Defense, shall serve as an ex-officio, nonvoting member of the executive
committee;
(6)
Establish bylaws and rules that provide for conditions and procedures under
which the Interstate Commission shall make its information and official records
available to the public for inspection or copying. The Interstate Commission
may exempt from disclosure information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests;
(7)
Give public notice of all meetings, and all meetings shall be open to the
public, except as set forth in the rules or as otherwise provided in the
compact. The Interstate Commission and its committees may close a meeting, or
portion thereof, where it determines by two-thirds vote that an open meeting
would be likely to:
A.
Relate solely to the Interstate Commission's internal personnel practices and
procedures;
B.
Disclose matters specifically exempted from disclosure by federal and state
statute;
C.
Disclose trade secrets or commercial or financial information which is
privileged or confidential;
D.
Involve accusing a person of a crime, or formally censuring a
person;
E.
Disclose information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
F.
Disclose investigative records compiled for law enforcement purposes;
or
G.
Specifically relate to the Interstate Commission's participation in a civil
action or other legal proceeding;
(8)
For a meeting, or portion of a meeting, closed pursuant to this provision, the
Interstate Commission's legal counsel or designee shall certify that the meeting
may be closed and shall reference each relevant exemptible provision. The
Interstate Commission shall keep minutes which shall fully and clearly describe
all matters discussed in a meeting and shall provide a full and accurate summary
of actions taken, and the reasons therefor, including a description of the views
expressed and the record of a roll-call vote. All documents considered in
connection with an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission;
(9)
Collect standardized data concerning the educational transition of the children
of military families under this compact as directed through its rules which
shall specify the data to be collected, the means of collection, and data
exchange and reporting requirements. Such methods of data collection, exchange,
and reporting shall, in so far as is reasonably possible, conform to current
technology and coordinate its information functions with the appropriate
custodian of records as identified in the bylaws and rules; and
(10)
Create a process that permits military officials, education officials, and
parents to inform the Interstate Commission if and when there are alleged
violations of the compact or its rules or when issues subject to the
jurisdiction of the compact or its rules are not addressed by the state or local
education agency. This section shall not be construed to create a private right
of action against the Interstate Commission or any member state.
ARTICLE
X
POWERS
AND DUTIES OF THE INTERSTATE COMMISSION
The
Interstate Commission shall have the following powers:
(1)
To provide for dispute resolution among member states;
(2)
To promulgate rules and take all necessary actions to effect the goals,
purposes, and obligations as enumerated in this compact. The rules shall be
binding in the compact states to the extent and in the manner provided in this
compact;
(3)
To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules, and
actions;
(4)
To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means,
including, but not limited to, the use of judicial process;
(5)
To establish and maintain offices which shall be located within one or more of
the member states;
(6)
To purchase and maintain insurance and bonds;
(7)
To borrow, accept, hire, or contract for services of personnel;
(8)
To establish and appoint committees, including, but not limited to, an executive
committee as required by Article IX, Section (5) of this compact which shall
have the power to act on behalf of the Interstate Commission in carrying out its
powers and duties hereunder;
(9)
To elect or appoint such officers, attorneys, employees, agents, or consultants,
and to fix their compensation, define their duties, and determine their
qualifications; and to establish the Interstate Commission's personnel policies
and programs relating to conflicts of interest, rates of compensation, and
qualifications of personnel;
(10)
To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of
it;
(11)
To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property, real, personal, or mixed;
(12)
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;
(13)
To establish a budget and make expenditures;
(14)
To adopt a seal and bylaws governing the management and operation of the
Interstate Commission;
(15)
To report annually to the legislatures, governors, judiciary, and state councils
of the member states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any recommendations
that may have been adopted by the Interstate Commission;
(16)
To coordinate education, training, and public awareness regarding the compact,
its implementation, and operation for officials and parents involved in such
activity;
(17)
To establish uniform standards for the reporting, collecting, and exchanging of
data;
(18)
To maintain corporate books and records in accordance with the
bylaws;
(19)
To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact; and
(20)
To provide for the uniform collection and sharing of information between and
among member states, schools, and military families under this
compact.
ARTICLE
XI
ORGANIZATION
AND OPERATION OF THE INTERSTATE COMMISSION
A.
The Interstate Commission shall, by a majority of the members present and
voting, within 12 months after the first Interstate Commission meeting, adopt
bylaws to govern its conduct as may be necessary or appropriate to carry out the
purposes of the compact, including, but not limited to:
(1)
Establishing the fiscal year of the Interstate Commission;
(2)
Establishing an executive committee, and such other committees as may be
necessary;
(3)
Providing for the establishment of committees and for governing any general or
specific delegation of authority or function of the Interstate
Commission;
(4)
Providing reasonable procedures for calling and conducting meetings of the
Interstate Commission, and ensuring reasonable notice of each such
meeting;
(5)
Establishing the titles and responsibilities of the officers and staff of the
Interstate Commission;
(6)
Providing a mechanism for concluding the operations of the Interstate Commission
and the return of surplus funds that may exist upon the termination of the
compact after the payment and reserving of all of its debts and obligations;
and
(7)
Providing "start up" rules for initial administration of the
compact.
B.
The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chairperson, a vice chairperson, and a treasurer, each
of whom shall have such authority and duties as may be specified in the bylaws.
The chairperson or, in the chairperson's absence or disability, the vice
chairperson shall preside at all meetings of the Interstate Commission. The
officers so elected shall serve without compensation or remuneration from the
Interstate Commission; provided, however, that subject to the availability of
budgeted funds, the officers shall be reimbursed for ordinary and necessary
costs and expenses incurred by them in the performance of their responsibilities
as officers of the Interstate Commission.
C.
Executive Committee, Officers, and Personnel.
(1)
The executive committee shall have such authority and duties as may be set forth
in the bylaws, including, but not limited to:
(i)
Managing the affairs of the Interstate Commission in a manner consistent with
the bylaws and purposes of the Interstate Commission;
(ii)
Overseeing an organizational structure within, and appropriate procedures for,
the Interstate Commission to provide for the creation of rules, operating
procedures, and administrative and technical support functions; and
(iii)
Planning, implementing, and coordinating communications and activities with
other state, federal, and local government organizations in order to advance the
goals of the Interstate Commission.
(2)
The executive committee may, subject to the approval of the Interstate
Commission, appoint or retain an executive director for such period, upon such
terms and conditions and for such compensation, as the Interstate Commission may
deem appropriate. The executive director shall serve as secretary to the
Interstate Commission, but shall not be a member of the Interstate Commission.
The executive director shall hire and supervise such other persons as may be
authorized by the Interstate Commission.
D.
The Interstate Commission's executive director and its employees shall be immune
from suit and liability, either personally or in their official capacity, for a
claim for damage to or loss of property or personal injury or other civil
liability caused or arising out of or relating to an actual or alleged act,
error, or omission that occurred, or that such person had a reasonable basis for
believing occurred, within the scope of Interstate Commission employment,
duties, or responsibilities; provided, however, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused
by the intentional or willful and wanton misconduct of such person.
(1)
The liability of the Interstate Commission's executive director and employees or
Interstate Commission representatives, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring within such
person's state, may not exceed the limits of liability set forth under the
Constitution and laws of that state for state officials, employees, and agents.
The Interstate Commission is considered to be an instrumentality of the states
for the purposes of any such action. Nothing in this subsection shall be
construed to protect such person from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and wanton misconduct
of such person.
(2)
The Interstate Commission shall defend the executive director and its employees
and, subject to the approval of the Attorney General or other appropriate legal
counsel of the member state represented by an Interstate Commission
representative, shall defend such Interstate Commission representative in any
civil action seeking to impose liability arising out of an actual or alleged
act, error, or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.
(3)
To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall
be held harmless in the amount of a settlement or judgment, including attorney's
fees and costs, obtained against such persons arising out of an actual or
alleged act, error, or omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
ARTICLE
XII
RULEMAKING
FUNCTIONS OF THE INTERSTATE COMMISSION
A.
Rulemaking Authority — The Interstate Commission shall promulgate
reasonable rules in order to effectively and efficiently achieve the purposes of
this compact; provided however, that in the event the Interstate Commission
exercises its rulemaking authority in a manner that is beyond the scope of the
purposes of this compact, or the powers granted hereunder, then such an action
by the Interstate Commission shall be invalid and have no force or
effect.
B.
Rulemaking Procedure — Rules shall be made pursuant to a rulemaking
process that substantially conforms to the "Model State Administrative Procedure
Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as
may be appropriate to the operations of the Interstate Commission.
C.
Not later than 30 days after a rule is promulgated, any person may file a
petition for judicial review of the rule, provided that the filing of such a
petition shall not stay or otherwise prevent the rule from becoming effective
unless the court finds that the petitioner has a substantial likelihood of
success. The court shall give deference to the actions of the Interstate
Commission consistent with applicable law and shall not find the rule to be
unlawful if the rule represents a reasonable exercise of the Interstate
Commission's authority.
D.
If a majority of the legislatures of the compacting states rejects a rule by
enactment of a statute or resolution in the same manner used to adopt the
compact, then such rule shall have no further force and effect in any compacting
state.
ARTICLE
XIII
OVERSIGHT,
ENFORCEMENT, AND DISPUTE RESOLUTION
A.
Oversight.
(1)
The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and shall take all actions necessary and
appropriate to effectuate the compact's purposes and intent. The provisions of
this compact shall have standing as statutory law.
(2)
All courts shall take judicial notice of the compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the
subject matter of this compact which may affect the powers, responsibilities, or
actions of the Interstate Commission.
(3)
The Interstate Commission shall be entitled to receive all service of process in
any such proceeding and shall have standing to intervene in the proceeding for
all purposes. Failure to provide service of process to the Interstate
Commission shall render a judgment or order void as to the Interstate
Commission, this compact, or promulgated rules.
B.
Default, Technical Assistance, Suspension, and Termination — If the
Interstate Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact, or the
bylaws or promulgated rules, the Interstate Commission shall:
(1)
Provide written notice to the defaulting state and other member states of the
nature of the default, the means of curing the default, and any action taken by
the Interstate Commission. The Interstate Commission shall specify the
conditions by which the defaulting state must cure its default;
(2)
Provide remedial training and specific technical assistance regarding the
default;
(3)
If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority of the member
states, and all rights, privileges, and benefits conferred by this compact shall
be terminated from the effective date of termination. A cure of the default
does not relieve the offending state of obligations or liabilities incurred
during the period of the default;
(4)
Suspension or termination of membership in the compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of
intent to suspend or terminate shall be given by the Interstate Commission to
the Governor, the majority and minority leaders of the defaulting state's
legislature, and each of the member states;
(5)
The state which has been suspended or terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective date of
suspension or termination, including obligations, the performance of which
extends beyond the effective date of suspension or termination;
(6)
The Interstate Commission shall not bear any costs relating to any state that
has been found to be in default or which has been suspended or terminated from
the compact unless otherwise mutually agreed upon in writing between the
Interstate Commission and the defaulting state; and
(7)
The defaulting state may appeal the action of the Interstate Commission by
petitioning the United States District Court for the District of Columbia or the
federal district where the Interstate Commission has its principal offices. The
prevailing party shall be awarded all costs of such litigation including
reasonable attorney's fees.
C.
Dispute Resolution.
(1)
The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among
member states and between member and nonmember states.
(2)
The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.
D.
Enforcement.
(1)
The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact.
(2)
The Interstate Commission may, by majority vote of the members, initiate legal
action in the United State District Court for the District of Columbia or, at
the discretion of the Interstate Commission, in the federal district where the
Interstate Commission has its principal offices, to enforce compliance with the
provisions of the compact, its promulgated rules, and bylaws against a member
state in default. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable attorney's
fees.
(3)
The remedies herein shall not be the exclusive remedies of the Interstate
Commission. The Interstate Commission may avail itself of any other remedies
available under state law or the regulation of a profession.
ARTICLE
XIV
FINANCING
OF THE INTERSTATE COMMISSION
A.
The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing
activities.
B.
The Interstate Commission may levy on and collect an annual assessment from each
member state to cover the cost of the operations and activities of the
Interstate Commission and its staff which must be in a total amount sufficient
to cover the Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the Interstate Commission, which shall promulgate a rule binding
upon all member states.
C.
The Interstate Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the Interstate
Commission pledge the credit of any of the member states.
D.
The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission
shall be subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Interstate Commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of
the annual report of the Interstate Commission.
ARTICLE
XV
MEMBER
STATES, EFFECTIVE DATE, AND AMENDMENT
A.
Any state is eligible to become a member state.
B.
This compact shall become effective and binding upon legislative enactment of
this compact into law by no less than ten of the states. The effective date
shall be no earlier than December 1, 2011. Thereafter, it shall become
effective and binding as to any other member state upon enactment of the compact
into law by that state. The Governors of nonmember states or their designees
shall be invited to participate in the activities of the Interstate Commission
on a nonvoting basis prior to adoption of the compact by all
states.
C.
The Interstate Commission may propose amendments to the compact for enactment by
the member states. No amendment shall become effective and binding upon the
Interstate Commission and the member states unless and until it is enacted into
law by unanimous consent of the member states.
ARTICLE
XVI
WITHDRAWAL
AND DISSOLUTION
A.
Withdrawal.
(1)
Once effective, the compact shall continue in force and remain binding upon each
and every member state, provided that a member state may withdraw from the
compact by specifically repealing the statute which enacted the compact into
law.
(2)
Withdrawal from this compact shall be by the enactment of a statute repealing
the same.
(3)
The withdrawing state shall immediately notify the chairperson of the Interstate
Commission in writing upon the introduction of legislation repealing this
compact in the withdrawing state. The Interstate Commission shall notify the
other member states of the withdrawing state's intent to withdraw within 60 days
of its receipt thereof.
(4)
The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal, including
obligations, the performance of which extend beyond the effective date of
withdrawal.
(5)
Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined
by the Interstate Commission.
B.
Dissolution of Compact.
(1)
This compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member
state.
(2)
Upon the dissolution of this compact, the compact becomes null and void and
shall be of no further force or effect, and the business and affairs of the
Interstate Commission shall be concluded and surplus funds shall be distributed
in accordance with the bylaws.
ARTICLE
XVII
SEVERABILITY
AND CONSTRUCTION
A.
The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of the
compact shall be enforceable.
B.
The provisions of this compact shall be liberally construed to effectuate its
purposes.
C.
Nothing in this compact shall be construed to prohibit the applicability of
other interstate compacts to which the states are members.
ARTICLE
XVIII
BINDING
EFFECT OF COMPACT AND OTHER LAWS
A.
Other Laws.
(1)
Nothing herein shall prevent the enforcement of any other law of a member state
that is not inconsistent with this compact.
(2)
All member states' laws conflicting with this compact are superseded to the
extent of the conflict.
B.
Binding Effect of the Compact.
(1)
All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member
states.
(2)
All agreements between the Interstate Commission and the member states are
binding in accordance with their terms.
(3)
In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be
ineffective to the extent of the conflict with the constitutional provision in
question in that member
state.'"
SECTION
2.
On
the date this Act becomes effective as provided in Article XV of this compact,
Article 35 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to education of military dependents, shall be repealed in its
entirety.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.