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General Assembly Substitute Bill No. 1028
January Session, 2023
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
DEPARTMENT OF EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) and (b) of section 10-264l of the general 1
statutes are repealed and the following is substituted in lieu thereof 2
(Effective July 1, 2023): 3
(a) The Department of Education shall, within available 4
appropriations, establish a grant program (1) to assist (A) local and 5
regional boards of education, (B) regional educational service centers, 6
(C) the Board of Trustees of the Community-Technical Colleges on 7
behalf of Quinebaug Valley Community College and Three Rivers 8
Community College, and (D) cooperative arrangements pursuant to 9
section 10-158a, and (2) in assisting the state in meeting its obligations 10
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 11
related stipulation or order in effect, as determined by the 12
commissioner, to assist (A) the Board of Trustees of the Community-13
Technical Colleges on behalf of a regional community-technical college, 14
(B) the Board of Trustees of the Connecticut State University System on 15
behalf of a state university, (C) the Board of Trustees of The University 16
of Connecticut on behalf of the university, (D) the board of governors 17
for an independent institution of higher education, as defined in 18 Substitute Bill No. 1028
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subsection (a) of section 10a-173, or the equivalent of such a board, on 19
behalf of the independent institution of higher education, and (E) any 20
other third-party not-for-profit corporation approved by the 21
commissioner with the operation of interdistrict magnet school 22
programs. All interdistrict magnet schools shall be operated in 23
conformance with the same laws and regulations applicable to public 24
schools. For the purposes of this section "an interdistrict magnet school 25
program" means a program which (i) supports racial, ethnic and 26
economic diversity, (ii) offers a special and high quality curriculum, and 27
(iii) requires students who are enrolled to attend at least half-time. An 28
interdistrict magnet school program does not include a regional 29
agricultural science and technology school, a technical education and 30
career school or a regional special education center. For the school 31
[years] year commencing July 1, 2017, [to July 1, 2023, inclusive] and 32
each school year thereafter, the governing authority for each 33
interdistrict magnet school program shall (I) restrict the number of 34
students that may enroll in the school from a participating district to 35
seventy-five per cent of the total school enrollment, and (II) maintain a 36
total school enrollment that is in accordance with the reduced-isolation 37
setting standards for interdistrict magnet school programs, developed 38
by the Commissioner of Education pursuant to section 10-264r, as 39
amended by this act. 40
(b) (1) Applications for interdistrict magnet school program 41
operating grants awarded pursuant to this section shall be submitted 42
annually to the Commissioner of Education at such time and in such 43
manner as the commissioner prescribes, except that on and after July 1, 44
2009, applications for such operating grants for new interdistrict magnet 45
schools, other than those that the commissioner determines will assist 46
the state in meeting its obligations pursuant to the decision in Sheff v. 47
O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, 48
as determined by the commissioner, shall not be accepted until the 49
commissioner develops a comprehensive state-wide interdistrict 50
magnet school plan. The commissioner shall submit such 51
comprehensive state-wide interdistrict magnet school plan on or before 52 Substitute Bill No. 1028
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October 1, 2016, to the joint standing committees of the General 53
Assembly having cognizance of matters relating to education and 54
appropriations. 55
(2) In determining whether an application shall be approved and 56
funds awarded pursuant to this section, the commissioner shall 57
consider, but such consideration shall not be limited to: (A) Whether the 58
program offered by the school is likely to increase student achievement; 59
(B) whether the program is likely to reduce racial, ethnic and economic 60
isolation; (C) the percentage of the student enrollment in the program 61
from each participating district; and (D) the proposed operating budget 62
and the sources of funding for the interdistrict magnet school. For a 63
magnet school not operated by a local or regional board of education, 64
the commissioner shall only approve a proposed operating budget that, 65
on a per pupil basis, does not exceed the maximum allowable threshold 66
established in accordance with this subdivision. The maximum 67
allowable threshold shall be an amount equal to one hundred twenty 68
per cent of the state average of the quotient obtained by dividing net 69
current expenditures, as defined in section 10-261, by average daily 70
membership, as defined in said section, for the fiscal year two years 71
prior to the fiscal year for which the operating grant is requested. The 72
Department of Education shall establish the maximum allowable 73
threshold no later than December fifteenth of the fiscal year prior to the 74
fiscal year for which the operating grant is requested. If requested by an 75
applicant that is not a local or regional board of education, the 76
commissioner may approve a proposed operating budget that exceeds 77
the maximum allowable threshold if the commissioner determines that 78
there are extraordinary programmatic needs. For the fiscal years ending 79
June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case 80
of an interdistrict magnet school that will assist the state in meeting its 81
obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 82
(1996), or any related stipulation or order in effect, as determined by the 83
commissioner, the commissioner shall also consider whether the school 84
is meeting the reduced-isolation setting standards for interdistrict 85
magnet school programs, developed by the commissioner pursuant to 86 Substitute Bill No. 1028
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section 10-264r, as amended by this act. If such school has not met such 87
reduced-isolation setting standards, it shall not be entitled to receive a 88
grant pursuant to this section unless the commissioner finds that it is 89
appropriate to award a grant for an additional year or years and 90
approves a plan to bring such school into compliance with such 91
reduced-isolation setting standards. If requested by the commissioner, 92
the applicant shall meet with the commissioner or the commissioner's 93
designee to discuss the budget and sources of funding. 94
(3) For the fiscal [years] year ending June 30, 2018, [to June 30, 2023, 95
inclusive] and each fiscal year thereafter, the commissioner shall not 96
award a grant to an interdistrict magnet school program that (A) has 97
more than seventy-five per cent of the total school enrollment from one 98
school district, or (B) does not maintain a total school enrollment that is 99
in accordance with the reduced-isolation setting standards for 100
interdistrict magnet school programs, developed by the Commissioner 101
of Education pursuant to section 10-264r, as amended by this act, except 102
the commissioner may award a grant to such school for an additional 103
year or years if the commissioner finds it is appropriate to do so and 104
approves a plan to bring such school into compliance with such 105
residency or reduced-isolation setting standards. 106
(4) For the fiscal years ending June 30, 2018, to June 30, 2021, 107
inclusive, if an interdistrict magnet school program does not maintain a 108
total school enrollment that is in accordance with the reduced-isolation 109
setting standards for interdistrict magnet school programs, developed 110
by the commissioner pursuant to section 10-264r, as amended by this 111
act, for two or more consecutive years, the commissioner may impose a 112
financial penalty on the operator of such interdistrict magnet school 113
program, or take any other measure, in consultation with such operator, 114
as may be appropriate to assist such operator in complying with such 115
reduced-isolation setting standards. 116
Sec. 2. Subparagraph (C) of subdivision (3) of subsection (c) of section 117
10-264l of the general statutes is repealed and the following is 118
substituted in lieu thereof (Effective July 1, 2023): 119 Substitute Bill No. 1028
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(C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019, 120
inclusive, each interdistrict magnet school operated by a regional 121
educational service center that began operations for the school year 122
commencing July 1, 2001, and that for the school year commencing July 123
1, 2008, enrolled at least fifty-five per cent, but no more than eighty per 124
cent of the school's students from a single town, shall receive a per pupil 125
grant (I) for each enrolled student who is a resident of the district that 126
enrolls at least fifty-five per cent, but no more than eighty per cent of the 127
school's students, up to an amount equal to the total number of such 128
enrolled students as of October 1, 2013, using the data of record, in the 129
amount of eight thousand one hundred eighty dollars, (II) for each 130
enrolled student who is a resident of the district that enrolls at least fifty-131
five per cent, but not more than eighty per cent of the school's students, 132
in an amount greater than the total number of such enrolled students as 133
of October 1, 2013, using the data of record, in the amount of three 134
thousand dollars, (III) for each enrolled student who is not a resident of 135
the district that enrolls at least fifty-five per cent, but no more than 136
eighty per cent of the school's students, up to an amount equal to the 137
total number of such enrolled students as of October 1, 2013, using the 138
data of record, in the amount of eight thousand one hundred eighty 139
dollars, and (IV) for each enrolled student who is not a resident of the 140
district that enrolls at least fifty-five per cent, but not more than eighty 141
per cent of the school's students, in an amount greater than the total 142
number of such enrolled students as of October 1, 2013, using the data 143
of record, in the amount of seven thousand eighty-five dollars. 144
(ii) For the fiscal [year] years ending June 30, 2020, [and each fiscal 145
year thereafter] to June 30, 2023, inclusive, each interdistrict magnet 146
school operated by a regional educational service center that began 147
operations for the school year commencing July 1, 2001, and that for the 148
school year commencing July 1, 2008, enrolled at least fifty-five per cent, 149
but not more than eighty per cent of the school's students from a single 150
town, shall receive a per pupil grant (I) for each enrolled student who is 151
a resident of the district that enrolls at least fifty-five per cent, but not 152
more than eighty per cent of the school's students, up to an amount 153 Substitute Bill No. 1028
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equal to the total number of such enrolled students as of October 1, 2013, 154
using the data of record, in the amount of eight thousand three hundred 155
forty-four dollars, (II) for each enrolled student who is a resident of the 156
district that enrolls at least fifty-five per cent, but not more than eighty 157
per cent of the school's students, in an amount greater than the total 158
number of such enrolled students as of October 1, 2013, using the data 159
of record, in the amount of three thousand sixty dollars, (III) for each 160
enrolled student who is not a resident of the district that enrolls at least 161
fifty-five per cent, but no more than eighty per cent of the school's 162
students, up to an amount equal to the total number of such enrolled 163
students as of October 1, 2013, using the data of record, in the amount 164
of eight thousand three hundred forty-four dollars, and (IV) for each 165
enrolled student who is not a resident of the district that enrolls at least 166
fifty-five per cent, but not more than eighty per cent of the school's 167
students, in an amount greater than the total number of such enrolled 168
students as of October 1, 2013, using the data of record, in the amount 169
of seven thousand two hundred twenty-seven dollars. 170
Sec. 3. Subsection (o) of section 10-264l of the general statutes is 171
repealed and the following is substituted in lieu thereof (Effective July 1, 172
2023): 173
(o) For the school years commencing July 1, 2009, to July 1, 2018, 174
inclusive, and for the school year commencing July 1, 2023, and each 175
school year thereafter, any local or regional board of education 176
operating an interdistrict magnet school pursuant to the decision in 177
Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 178
in effect, shall not charge tuition for any student enrolled in a preschool 179
program or in kindergarten to grade twelve, inclusive, in an interdistrict 180
magnet school operated by such school district, except the Hartford 181
school district may charge tuition for any student enrolled in the Great 182
Path Academy. 183
Sec. 4. Section 10-264r of the general statutes is repealed and the 184
following is substituted in lieu thereof (Effective July 1, 2023): 185 Substitute Bill No. 1028
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Not later than July 1, 2017, the Commissioner of Education shall 186
develop, and revise as necessary thereafter, reduced-isolation [setting] 187
enrollment standards for interdistrict magnet school programs that shall 188
serve as the enrollment requirements for purposes of section 10-264l, as 189
amended by this act. Such standards shall (1) comply with the decision 190
of Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 191
in effect, for an interdistrict magnet school program located in the Sheff 192
region, as defined in subsection (k) of section 10-264l, as amended by 193
this act, (2) define the term "reduced-isolation student" for purposes of 194
the standards, [(2)] (3) establish a requirement for the minimum 195
percentage of reduced-isolation students that can be enrolled in an 196
interdistrict magnet school program, provided such minimum 197
percentage is not less than twenty per cent of the total school enrollment, 198
[(3)] (4) allow an interdistrict magnet school program to have a total 199
school enrollment of reduced-isolation students that is not more than 200
one per cent below the minimum percentage established by the 201
commissioner, provided the commissioner approves a plan that is 202
designed to bring the number of reduced-isolation students of such 203
interdistrict magnet school program into compliance with the minimum 204
percentage, and [(4)] (5) for the school year commencing July 1, 2018, 205
authorize the commissioner to establish on or before May 1, 2018, and 206
revise as necessary thereafter, an alternative reduced-isolation student 207
enrollment percentage for an interdistrict magnet school program 208
located in the Sheff region, [as defined in subsection (k) of section 10-209
264l,] provided the commissioner (A) determines that such alternative 210
(i) increases opportunities for students who are residents of Hartford to 211
access an educational setting with reduced racial isolation or other 212
categories of diversity, including, but not limited to, geography, 213
socioeconomic status, special education, English language learners and 214
academic achievement, (ii) complies with the decision of Sheff v. 215
O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, 216
and (B) approves a plan for such interdistrict magnet school program 217
that is designed to bring the number of reduced-isolation students of 218
such interdistrict magnet school program into compliance with such 219
alternative or the minimum percentage described in subdivision (2) of 220 Substitute Bill No. 1028
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this section. Not later than May 1, 2018, the commissioner shall submit 221
a report on each alternative reduced-isolation student enrollment 222
percentage established, pursuant to subdivision (4) of this section, for 223
an interdistrict magnet school program located in the Sheff region to the 224
joint standing committee of the General Assembly having cognizance of 225
matters relating to education, in accordance with the provisions of 226
section 11-4a. The reduced-isolation setting standards for interdistrict 227
magnet school programs shall not be deemed to be regulations, as 228
defined in section 4-166. 229
Sec. 5. Section 10-262s of the general statutes is repealed and the 230
following is substituted in lieu thereof (Effective July 1, 2023): 231
(a) The Commissioner of Education may, to assist the state in meeting 232
its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 233
(1996), or any related stipulation or order in effect, as determined by the 234
Commissioner of Education, transfer funds appropriated for the Sheff 235
settlement to the following: (1) Grants for interdistrict cooperative 236
programs pursuant to section 10-74d, (2) grants for state charter schools 237
pursuant to section 10-66ee, (3) grants for the interdistrict public school 238
attendance program pursuant to section 10-266aa, (4) grants for 239
interdistrict magnet schools pursuant to section 10-264l, as amended by 240
this act, and (5) to the Technical Education and Career System for 241
programming. 242
(b) The Commissioner of Education may, to assist the state in meeting 243
its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 244
(1996), or any related stipulation or order in effect, as determined by the 245
Commissioner of Education, award grants with funds appropriated for 246
the Sheff settlement for academic and social student support programs 247
for the following voluntary interdistrict programs: (1) Interdistrict 248
cooperative programs pursuant to section 10-74d, (2) the interdistrict 249
public school attendance program pursuant to section 10-266aa, (3) 250
interdistrict magnet school programs pursuant to section 10-264l, as 251
amended by this act, and (4) the Technical Education and Career 252
System. 253 Substitute Bill No. 1028
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Sec. 6. Section 10-15f of the general statutes is repealed and the 254
following is substituted in lieu thereof (Effective July 1, 2023): 255
Interstate Compact on Educational Opportunity for Military 256
Children. 257
ARTICLE I 258
PURPOSE 259
It is the purpose of this compact to remove barriers to educational 260
success imposed on children of military families because of frequent 261
moves and deployment of their parents by: 262
A. Facilitating the timely enrollment of children of military families 263
and ensuring that they are not placed at a disadvantage due to difficulty 264
in the transfer of education records from the previous school districts or 265
variations in entrance or age requirements. 266
B. Facilitating the student placement process through which children 267
of military families are not disadvantaged by variations in attendance 268
requirements, scheduling, sequencing, grading, course content or 269
assessment. 270
C. Facilitating the qualification and eligibility for enrollment, 271
educational programs, and participation in extracurricular academic, 272
athletic, and social activities. 273
D. Facilitating the on-time graduation of children of military families. 274
E. Providing for the promulgation and enforcement of administrative 275
rules implementing the provisions of this compact. 276
F. Providing for the uniform collection and sharing of information 277
between and among member states, schools and military families under 278
this compact. 279
G. Promoting coordination between this compact and other compacts 280 Substitute Bill No. 1028
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affecting military children. 281
H. Promoting flexibility and cooperation between the educational 282
system, parents and the student in order to achieve educational success 283
for the student. 284
ARTICLE II 285
DEFINITIONS 286
As used in this compact, unless the context clearly requires a different 287
construction: 288
A. "Active duty" means full-time duty status in the active uniformed 289
service of the United States, including members of the National Guard 290
and Reserve on active duty orders pursuant to 10 USC [Section] 291
Chapters 1209 and 1211. 292
B. "Children of military families" means school-aged children, 293
enrolled in kindergarten through twelfth grade, in the household of an 294
active duty member. 295
C. "Compact commissioner" means the voting representative of each 296
compacting state appointed pursuant to Article VIII of this compact. 297
D. "Deployment" means the period one month prior to the service 298
members' departure from their home station on military orders to six 299
months after return to their home station. 300
E. "Educational records" means the official records, files, and data 301
directly related to a student and maintained by the school or local 302
education agency, including, but not limited, to records encompassing 303
all the material kept in the student's cumulative folder such as general 304
identifying data, records of attendance and of academic work 305
completed, records of achievement and results of evaluative tests, health 306
data, disciplinary status, test protocols and individualized education 307
programs. 308 Substitute Bill No. 1028
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F. "Extracurricular activities" means a voluntary activity sponsored 309
by the school or local education agency or an organization sanctioned 310
by the local education agency. Extracurricular activities include, but are 311
not limited to, preparation for and involvement in public performances, 312
contests, athletic competitions, demonstrations, displays and club 313
activities. 314
G. "Interstate Commission on Educational Opportunity for Military 315
Children" means the commission that is created under Article IX of this 316
compact, which is generally referred to as the Interstate Commission. 317
H. "Local education agency" means a public authority legally 318
constituted by the state as an administrative agency to provide control 319
of and direction for kindergarten through twelfth grade public 320
educational institutions. 321
I. "Member state" means a state that has enacted this compact. 322
J. "Military installation" means a base, camp, post, station, yard, 323
center, homeport facility for any ship, or other activity under the 324
jurisdiction of the Department of Defense, including any leased facility, 325
which is located within any of the several states, the District of 326
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, 327
Guam, American Samoa, the Northern Marianas Islands and any other 328
U.S. Territory. Such term does not include any facility used primarily 329
for civil works, rivers and harbors projects, or flood control projects. 330
K. "Nonmember state" means a state that has not enacted this 331
compact. 332
L. "Receiving state" means the state to which a child of a military 333
family is sent, brought or caused to be sent or brought. 334
M. "Rule" means a written statement by the Interstate Commission 335
promulgated pursuant to Article XII of this compact that is of general 336
applicability, implements, interprets or prescribes a policy or provision 337
of the compact, or an organizational, procedural or practice requirement 338 Substitute Bill No. 1028
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of the Interstate Commission, and has the force and effect of statutory 339
law in a member state, and includes the amendment, repeal or 340
suspension of an existing rule. 341
N. "Sending state" means the state from which a child of a military 342
family is sent, brought or caused to be sent or brought. 343
O. "State" means a state of the United States, the District of Columbia, 344
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 345
American Samoa, the Northern Marianas Islands and any other U.S. 346
territory. 347
P. "Student" means the child of a military family for whom the local 348
education agency receives public funding and who is formally enrolled 349
in kindergarten through twelfth grade. 350
Q. "Transition" means (1) the formal and physical process of 351
transferring from school to school, or (2) the period of time in which a 352
student moves from one school in the sending state to another school in 353
the receiving state. 354
R. "Uniformed services" means the Army, Navy, Air Force, Marine 355
Corps, Coast Guard as well as the Commissioned Corps of the National 356
Oceanic and Atmospheric Administration, and Public Health Services. 357
S. "Veteran" means a person who served in the uniformed services 358
and who was discharged or released therefrom under conditions other 359
than dishonorable. 360
ARTICLE III 361
APPLICABILITY 362
A. Except as otherwise provided in Section B, this compact shall 363
apply to the children of: 364
1. Active duty members of the uniformed services as defined in this 365
compact, including members of the National Guard and Reserve on 366 Substitute Bill No. 1028
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active duty orders pursuant to 10 USC [Section] Chapters 1209 and 1211; 367
2. Members or veterans of the uniformed services who are severely 368
injured and medically discharged or retired for a period of one year after 369
medical discharge or retirement; and 370
3. Members of the uniformed services who die on active duty or as a 371
result of injuries sustained on active duty for a period of one year after 372
death. 373
B. The provisions of this interstate compact shall only apply to local 374
education agencies as defined in this compact. 375
C. The provisions of this compact shall not apply to the children of: 376
1. Inactive members of the National Guard and military reserves; 377
2. Members of the uniformed services now retired, except as 378
provided in Section A; 379
3. Veterans of the uniformed services, except as provided in Section 380
A of this Article; and 381
4. Other U.S. Dept. of Defense personnel and other federal agency 382
civilian and contract employees not defined as active duty members of 383
the uniformed services. 384
ARTICLE IV 385
EDUCATIONAL RECORDS & ENROLLMENT 386
A. In the event that official education records cannot be released to 387
the parents for the purpose of transfer, the custodian of the records in 388
the sending state shall prepare and furnish to the parent a complete set 389
of unofficial educational records containing uniform information as 390
determined by the Interstate Commission. Upon receipt of the unofficial 391
education records by a school in the receiving state, the school shall 392
enroll and appropriately place the student based on the information 393 Substitute Bill No. 1028
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provided in the unofficial records pending validation by the official 394
records, as quickly as possible. 395
B. Simultaneous with the enrollment and conditional placement of 396
the student, the school in the receiving state shall request the student's 397
official education record from the school in the sending state. Upon 398
receipt of this request, the school in the sending state will process and 399
furnish the official education records to the school in the receiving state 400
within ten days or within such time as is reasonably determined under 401
the rules promulgated by the Interstate Commission. 402
C. Compacting states shall give thirty days from the date of 403
enrollment or within such time as is reasonably determined under the 404
rules promulgated by the Interstate Commission, for students to obtain 405
any immunizations required by the receiving state. For a series of 406
immunizations, initial vaccinations must be obtained within thirty days 407
or within such time as is reasonably determined under the rules 408
promulgated by the Interstate Commission. 409
D. Students shall be allowed to continue their enrollment at grade 410
level in the receiving state commensurate with their grade level, 411
including kindergarten, from a local education agency in the sending 412
state at the time of transition, regardless of age. A student that has 413
satisfactorily completed the prerequisite grade level in the local 414
education agency in the sending state shall be eligible for enrollment in 415
the next highest grade level in the receiving state, regardless of age. A 416
student transferring after the start of the school year in the receiving 417
state shall enter the school in the receiving state on their validated level 418
from an accredited school in the sending state. 419
ARTICLE V 420
PLACEMENT & ATTENDANCE 421
A. When the student transfers before or during the school year, the 422
receiving state school shall initially honor placement of the student in 423
educational courses based on the student's enrollment in the sending 424 Substitute Bill No. 1028
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state school and educational assessments conducted at the school in the 425
sending state if the courses are offered. Course placement includes, but 426
is not limited to, honors, International Baccalaureate, advanced 427
placement, vocational, technical and career pathways courses. 428
Continuing the student's academic program from the previous school 429
and promoting placement in academically and career challenging 430
courses should be paramount when considering placement. This does 431
not preclude the school in the receiving state from performing 432
subsequent evaluations to ensure appropriate placement and continued 433
enrollment of the student in the courses. 434
B. The receiving state school shall initially honor placement of the 435
student in educational programs based on current educational 436
assessments conducted at the school in the sending state or participation 437
and placement in like programs in the sending state. Such programs 438
include, but are not limited to: (1) Gifted and talented programs; and (2) 439
English as a second language. This does not preclude the school in the 440
receiving state from performing subsequent evaluations to ensure 441
appropriate placement of the student. 442
C. (1) In compliance with the federal requirements of the Individuals 443
with Disabilities Education Act, 20 U.S.C.A. Section 1400 et seq., the 444
receiving state shall initially provide comparable services to a student 445
with disabilities based on his current individualized education 446
program; and (2) In compliance with the requirements of Section 504 of 447
the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the 448
Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the 449
receiving state shall make reasonable accommodations and 450
modifications to address the needs of incoming students with 451
disabilities, subject to an existing 504 or Title II Plan, to provide the 452
student with equal access to education. This does not preclude the 453
school in the receiving state from performing subsequent evaluations to 454
ensure appropriate placement of the student. 455
D. Local education agency administrative officials shall have 456
flexibility in waiving course and program prerequisites, or other 457 Substitute Bill No. 1028
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preconditions for placement in courses and programs offered under the 458
jurisdiction of the local education agency. 459
E. A student whose parent or legal guardian is an active duty member 460
of the uniformed services, as defined by the compact, and has been 461
called to duty for, is on leave from, or immediately returned from 462
deployment to a combat zone or combat support posting, shall be 463
granted additional excused absences at the discretion of the local 464
education agency superintendent to visit with his parent or legal 465
guardian relative to such leave or deployment of the parent or guardian. 466
ARTICLE VI 467
ELIGIBILITY 468
A. Eligibility for enrollment 469
1. Special power of attorney, relative to the guardianship of a child of 470
a military family and executed under applicable law shall be sufficient 471
for the purposes of enrollment and all other actions requiring parental 472
participation and consent. 473
2. A local education agency shall be prohibited from charging local 474
tuition to a transitioning military child placed in the care of a 475
noncustodial parent or other person standing in loco parentis who lives 476
in a jurisdiction other than that of the custodial parent. 477
3. A transitioning military child, placed in the care of a noncustodial 478
parent or other person standing in loco parentis who lives in a 479
jurisdiction other than that of the custodial parent, may continue to 480
attend the school in which he was enrolled while residing with the 481
custodial parent. 482
B. State and local education agencies shall facilitate the opportunity 483
for transitioning military children's inclusion in extracurricular 484
activities, regardless of application deadlines, to the extent they are 485
otherwise qualified. 486 Substitute Bill No. 1028
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ARTICLE VII 487
GRADUATION 488
In order to facilitate the on-time graduation of children of military 489
families states and local education agencies shall incorporate the 490
following procedures: 491
A. Local education agency administrative officials shall waive 492
specific courses required for graduation if similar course work has been 493
satisfactorily completed in another local education agency or shall 494
provide reasonable justification for denial. Should a waiver not be 495
granted to a student who would qualify to graduate from the sending 496
school, the local education agency shall provide an alternative means of 497
acquiring required coursework so that graduation may occur on time. 498
B. States shall accept: (1) Exit or end-of-course exams required for 499
graduation from the sending state; or (2) national norm-referenced 500
achievement tests; or (3) alternative testing, in lieu of testing 501
requirements for graduation in the receiving state. In the event the 502
above alternatives cannot be accommodated by the receiving state for a 503
student transferring in his senior year, then the provisions of Article VII, 504
Section C shall apply. 505
C. Should a military student transferring at the beginning or during 506
his or her senior year be ineligible to graduate from the receiving local 507
education agency after all alternatives have been considered, the 508
sending and receiving local education agencies shall ensure the receipt 509
of a diploma from the sending local education agency, if the student 510
meets the graduation requirements of the sending local education 511
agency. In the event that one of the states in question is not a member of 512
this compact, the member state shall use best efforts to facilitate the on-513
time graduation of the student in accordance with Sections A and B of 514
this Article. 515
ARTICLE VIII 516 Substitute Bill No. 1028
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STATE COORDINATION 517
A. Each member state shall, through the creation of a State Council or 518
use of an existing body or board, provide for the coordination among its 519
agencies of government, local education agencies and military 520
installations concerning the state's participation in, and compliance 521
with, this compact and Interstate Commission activities. While each 522
member state may determine the membership of its own State Council, 523
its membership must include at least: The state superintendent of 524
education, superintendent of a school district with a high concentration 525
of military children, representative from a military installation, one 526
representative each from the legislative and executive branches of 527
government, and other offices and stakeholder groups the State Council 528
deems appropriate. A member state that does not have a school district 529
deemed to contain a high concentration of military children may 530
appoint a superintendent from another school district to represent local 531
education agencies on the State Council. 532
B. The State Council of each member state shall appoint or designate 533
a military family education liaison to assist military families and the 534
state in facilitating the implementation of this compact. 535
C. The compact commissioner responsible for the administration and 536
management of the state's participation in the compact shall be 537
appointed by the Governor or as otherwise determined by each member 538
state. 539
D. The compact commissioner and the military family education 540
liaison designated herein shall be ex-officio members of the State 541
Council, unless either is already a full voting member of the State 542
Council. 543
ARTICLE IX 544
INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY 545
FOR MILITARY CHILDREN 546 Substitute Bill No. 1028
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The member states hereby create the "Interstate Commission on 547
Educational Opportunity for Military Children". The activities of the 548
Interstate Commission are the formation of public policy and are a 549
discretionary state function. The Interstate Commission shall: 550
A. Be a body corporate and joint agency of the member states and 551
shall have all the responsibilities, powers and duties set forth herein, 552
and such additional powers as may be conferred upon it by a 553
subsequent concurrent action of the respective legislatures of the 554
member states in accordance with the terms of this compact. 555
B. Consist of one Interstate Commission voting representative from 556
each member state who shall be that state's compact commissioner. 557
1. Each member state represented at a meeting of the Interstate 558
Commission is entitled to one vote. 559
2. A majority of the total member states shall constitute a quorum for 560
the transaction of business, unless a larger quorum is required by the 561
bylaws of the Interstate Commission. 562
3. A representative shall not delegate a vote to another member state. 563
In the event the compact commissioner is unable to attend a meeting of 564
the Interstate Commission, the Governor or State Council may delegate 565
voting authority to another person from their state for a specified 566
meeting. 567
4. The bylaws may provide for meetings of the Interstate Commission 568
to be conducted by telecommunication or electronic communication. 569
C. Consist of ex-officio, nonvoting representatives who are members 570
of interested organizations. Such ex-officio members, as defined in the 571
bylaws, may include, but not be limited to, members of the 572
representative organizations of military family advocates, local 573
education agency officials, parent and teacher groups, the U.S. 574
Department of Defense, the Education Commission of the States, the 575
Interstate Agreement on the Qualification of Educational Personnel and 576 Substitute Bill No. 1028
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other interstate compacts affecting the education of children of military 577
members. 578
D. Meet at least once each calendar year. The chairperson may call 579
additional meetings and, upon the request of a simple majority of the 580
member states, shall call additional meetings. 581
E. Establish an executive committee, whose members shall include 582
the officers of the Interstate Commission and such other members of the 583
Interstate Commission as determined by the bylaws. Members of the 584
executive committee shall serve a one-year term. Members of the 585
executive committee shall be entitled to one vote each. The executive 586
committee shall have the power to act on behalf of the Interstate 587
Commission, with the exception of rulemaking, during periods when 588
the Interstate Commission is not in session. The executive committee 589
shall oversee the day-to-day activities of the administration of the 590
compact including enforcement and compliance with the provisions of 591
the compact, its bylaws and rules, and other such duties as deemed 592
necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, 593
nonvoting member of the executive committee. 594
F. Establish bylaws and rules that provide for conditions and 595
procedures under which the Interstate Commission shall make its 596
information and official records available to the public for inspection or 597
copying. The Interstate Commission may exempt from disclosure 598
information or official records to the extent they would adversely affect 599
personal privacy rights or proprietary interests. 600
G. Give public notice of all meetings and all meetings shall be open 601
to the public, except as set forth in the rules or as otherwise provided in 602
the compact. The Interstate Commission and its committees may close a 603
meeting, or portion thereof, where it determines by two-thirds vote that 604
an open meeting would be likely to: 605
1. Relate solely to the Interstate Commission's internal personnel 606
practices and procedures; 607 Substitute Bill No. 1028
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2. Disclose matters specifically exempted from disclosure by federal 608
and state statute; 609
3. Disclose trade secrets or commercial or financial information which 610
is privileged or confidential; 611
4. Involve accusing a person of a crime, or formally censuring a 612
person; 613
5. Disclose information of a personal nature where disclosure would 614
constitute a clearly unwarranted invasion of personal privacy; 615
6. Disclose investigative records compiled for law enforcement 616
purposes; or 617
7. Specifically relate to the Interstate Commission's participation in a 618
civil action or other legal proceeding. 619
H. Cause its legal counsel or designee to certify that a meeting may 620
be closed and shall reference each relevant exemptible provision for any 621
meeting, or portion of a meeting, which is closed pursuant to this 622
provision. The Interstate Commission shall keep minutes which shall 623
fully and clearly describe all matters discussed in a meeting and shall 624
provide a full and accurate summary of actions taken, and the reasons 625
therefor, including a description of the views expressed and the record 626
of a roll call vote. All documents considered in connection with an action 627
shall be identified in such minutes. All minutes and documents of a 628
closed meeting shall remain under seal, subject to release by a majority 629
vote of the Interstate Commission. 630
I. Collect standardized data concerning the educational transition of 631
the children of military families under this compact as directed through 632
its rules which shall specify the data to be collected, the means of 633
collection and data exchange and reporting requirements. Such 634
methods of data collection, exchange and reporting shall, insofar as is 635
reasonably possible, conform to current technology and coordinate its 636
information functions with the appropriate custodian of records as 637 Substitute Bill No. 1028
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identified in the bylaws and rules. 638
J. Create a process that permits military officials, education officials 639
and parents to inform the Interstate Commission if and when there are 640
alleged violations of the compact or its rules or when issues subject to 641
the jurisdiction of the compact or its rules are not addressed by the state 642
or local education agency. This section shall not be construed to create a 643
private right of action against the Interstate Commission or any member 644
state. 645
ARTICLE X 646
POWERS AND DUTIES OF THE INTERSTATE COMMISSION 647
The Interstate Commission shall have the following powers: 648
A. To provide for dispute resolution among member states. 649
B. To promulgate rules and take all necessary actions to effect the 650
goals, purposes and obligations as enumerated in this compact. The 651
rules shall have the force and effect of statutory law and shall be binding 652
in the compact states to the extent and in the manner provided in this 653
compact. 654
C. To issue, upon request of a member state, advisory opinions 655
concerning the meaning or interpretation of the interstate compact, its 656
bylaws, rules and actions. 657
D. To enforce compliance with the compact provisions, the rules 658
promulgated by the Interstate Commission, and the bylaws, using all 659
necessary and proper means, including but not limited to the use of 660
judicial process. 661
E. To establish and maintain offices which shall be located within one 662
or more of the member states. 663
F. To purchase and maintain insurance and bonds. 664 Substitute Bill No. 1028
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G. To borrow, accept, hire or contract for services of personnel. 665
H. To establish and appoint committees including, but not limited to, 666
an executive committee as required by Article IX, Section E, which shall 667
have the power to act on behalf of the Interstate Commission in carrying 668
out its powers and duties hereunder. 669
I. To elect or appoint such officers, attorneys, employees, agents, or 670
consultants, and to fix their compensation, define their duties and 671
determine their qualifications; and to establish the Interstate 672
Commission's personnel policies and programs relating to conflicts of 673
interest, rates of compensation, and qualifications of personnel. 674
J. To accept any and all donations and grants of money, equipment, 675
supplies, materials, and services, and to receive, utilize, and dispose of 676
it. 677
K. To lease, purchase, accept contributions or donations of, or 678
otherwise to own, hold, improve or use any property, real, personal or 679
mixed. 680
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or 681
otherwise dispose of any property, real, personal or mixed. 682
M. To establish a budget and make expenditures. 683
N. To adopt a seal and bylaws governing the management and 684
operation of the Interstate Commission. 685
O. To report annually to the legislatures, governors, judiciary, and 686
state councils of the member states concerning the activities of the 687
Interstate Commission during the preceding year. Such reports shall 688
also include any recommendations that may have been adopted by the 689
Interstate Commission. 690
P. To coordinate education, training and public awareness regarding 691
the compact, its implementation and operation for officials and parents 692 Substitute Bill No. 1028
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involved in such activity. 693
Q. To establish uniform standards for the reporting, collecting and 694
exchanging of data. 695
R. To maintain corporate books and records in accordance with the 696
bylaws. 697
S. To perform such functions as may be necessary or appropriate to 698
achieve the purposes of this compact. 699
T. To provide for the uniform collection and sharing of information 700
between and among member states, schools and military families under 701
this compact. 702
ARTICLE XI 703
ORGANIZATION AND OPERATION OF THE INTERSTATE 704
COMMISSION 705
A. The Interstate Commission shall, by a majority of the members 706
present and voting, within twelve months after the first Interstate 707
Commission meeting, adopt bylaws to govern its conduct as may be 708
necessary or appropriate to carry out the purposes of the compact, 709
including, but not limited to: 710
1. Establishing the fiscal year of the Interstate Commission; 711
2. Establishing an executive committee, and such other committees as 712
may be necessary; 713
3. Providing for the establishment of committees and for governing 714
any general or specific delegation of authority or function of the 715
Interstate Commission; 716
4. Providing reasonable procedures for calling and conducting 717
meetings of the Interstate Commission, and ensuring reasonable notice 718
of each such meeting; 719 Substitute Bill No. 1028
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5. Establishing the titles and responsibilities of the officers and staff 720
of the Interstate Commission; 721
6. Providing a mechanism for concluding the operations of the 722
Interstate Commission and the return of surplus funds that may exist 723
upon the termination of the compact after the payment and reserving of 724
all of its debts and obligations; 725
7. Providing start-up rules for initial administration of the compact. 726
B. The Interstate Commission shall, by a majority of the members, 727
elect annually from among its members a chairperson, a vice-728
chairperson, and a treasurer, each of whom shall have such authority 729
and duties as may be specified in the bylaws. The chairperson or, in the 730
chairperson's absence or disability, the vice-chairperson, shall preside at 731
all meetings of the Interstate Commission. The officers so elected shall 732
serve without compensation or remuneration from the Interstate 733
Commission provided that, subject to the availability of budgeted 734
funds, the officers shall be reimbursed for ordinary and necessary costs 735
and expenses incurred by them in the performance of their 736
responsibilities as officers of the Interstate Commission. 737
C. Executive Committee, Officers and Personnel 738
1. The executive committee shall have such authority and duties as 739
may be set forth in the bylaws, including, but not limited to: 740
a. Managing the affairs of the Interstate Commission in a manner 741
consistent with the bylaws and purposes of the Interstate Commission; 742
b. Overseeing an organizational structure within, and appropriate 743
procedures for the Interstate Commission to provide for the creation of 744
rules, operating procedures, and administrative and technical support 745
functions; and 746
c. Planning, implementing, and coordinating communications and 747
activities with other state, federal and local government organizations 748 Substitute Bill No. 1028
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in order to advance the goals of the Interstate Commission. 749
2. The executive committee may, subject to the approval of the 750
Interstate Commission, appoint or retain an executive director for such 751
period, upon such terms and conditions and for such compensation, as 752
the Interstate Commission may deem appropriate. The executive 753
director shall serve as secretary to the Interstate Commission, but shall 754
not be a member of the Interstate Commission. The executive director 755
shall hire and supervise such other persons as may be authorized by the 756
Interstate Commission. 757
D. The Interstate Commission's executive director and its employees 758
shall be immune from suit and liability, either personally or in their 759
official capacity, for a claim for damage to or loss of property or personal 760
injury or other civil liability caused or arising out of or relating to an 761
actual or alleged act, error, or omission that occurred, or that such 762
person had a reasonable basis for believing occurred, within the scope 763
of Interstate Commission employment, duties, or responsibilities 764
provided, such person shall not be protected from suit or liability for 765
damage, loss, injury, or liability caused by the intentional or willful and 766
wanton misconduct of such person. 767
1. The liability of the Interstate Commission's executive director and 768
employees or Interstate Commission representatives, acting within the 769
scope of such person's employment or duties for acts, errors, or 770
omissions occurring within such person's state may not exceed the 771
limits of liability set forth under the Constitution and laws of that state 772
for state officials, employees, and agents. The Interstate Commission is 773
considered to be an instrumentality of the states for the purposes of any 774
such action. Nothing in this subsection shall be construed to protect 775
such person from suit or liability for damage, loss, injury, or liability 776
caused by the intentional or willful and wanton misconduct of such 777
person. 778
2. The Interstate Commission shall defend the executive director and 779
its employees and, subject to the approval of the Attorney General or 780 Substitute Bill No. 1028
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other appropriate legal counsel of the member state represented by an 781
Interstate Commission representative, shall defend such Interstate 782
Commission representative in any civil action seeking to impose 783
liability arising out of an actual or alleged act, error or omission that 784
occurred within the scope of Interstate Commission employment, duties 785
or responsibilities, or that the defendant had a reasonable basis for 786
believing occurred within the scope of Interstate Commission 787
employment, duties, or responsibilities, provided that the actual or 788
alleged act, error, or omission did not result from intentional or willful 789
and wanton misconduct on the part of such person. 790
3. To the extent not covered by the state involved, member state, or 791
the Interstate Commission, the representatives or employees of the 792
Interstate Commission shall be held harmless in the amount of a 793
settlement or judgment, including attorney's fees and costs, obtained 794
against such persons arising out of an actual or alleged act, error, or 795
omission that occurred within the scope of Interstate Commission 796
employment, duties, or responsibilities, or that such persons had a 797
reasonable basis for believing occurred within the scope of Interstate 798
Commission employment, duties, or responsibilities, provided that the 799
actual or alleged act, error, or omission did not result from intentional 800
or willful and wanton misconduct on the part of such persons. 801
ARTICLE XII 802
RULEMAKING FUNCTIONS OF THE INTERSTAT E COMMISSION 803
A. The Interstate Commission shall promulgate reasonable rules in 804
order to effectively and efficiently achieve the purposes of this compact. 805
Notwithstanding the foregoing, in the event the Interstate Commission 806
exercises its rulemaking authority in a manner that is beyond the scope 807
of the purposes of this compact, or the powers granted hereunder, then 808
such an action by the Interstate Commission shall be invalid and have 809
no force or effect. 810
B. Rules shall be made pursuant to a rulemaking process that 811 Substitute Bill No. 1028
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substantially conforms to the "Model State Administrative Procedure 812
Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as 813
amended, as may be appropriate to the operations of the Interstate 814
Commission. 815
C. Not later than thirty days after a rule is promulgated, any person 816
may file a petition for judicial review of the rule provided, the filing of 817
such a petition shall not stay or otherwise prevent the rule from 818
becoming effective unless the court finds that the petitioner has a 819
substantial likelihood of success. The court shall give deference to the 820
actions of the Interstate Commission consistent with applicable law and 821
shall not find the rule to be unlawful if the rule represents a reasonable 822
exercise of the Interstate Commission's authority. 823
D. If a majority of the legislatures of the compacting states rejects a 824
rule by enactment of a statute or resolution in the same manner used to 825
adopt the compact, then such rule shall have no further force and effect 826
in any compacting state. 827
ARTICLE XIII 828
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 829
A. Oversight 830
1. The executive, legislative and judicial branches of state government 831
in each member state shall enforce this compact and shall take all actions 832
necessary and appropriate to effectuate the compact's purposes and 833
intent. The provisions of this compact and the rules promulgated 834
hereunder shall have standing as statutory law. 835
2. All courts shall take judicial notice of the compact and the rules in 836
any judicial or administrative proceeding in a member state pertaining 837
to the subject matter of this compact which may affect the powers, 838
responsibilities or actions of the Interstate Commission. 839
3. The Interstate Commission shall be entitled to receive all service of 840 Substitute Bill No. 1028
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process in any such proceeding, and shall have standing to intervene in 841
the proceeding for all purposes. Failure to provide service of process to 842
the Interstate Commission shall render a judgment or order void as to 843
the Interstate Commission, this compact or promulgated rules. 844
B. If the Interstate Commission determines that a member state has 845
defaulted in the performance of its obligations or responsibilities under 846
this compact, or the bylaws or promulgated rules, the Interstate 847
Commission shall: 848
1. Provide written notice to the defaulting state and other member 849
states of the nature of the default, the means of curing the default and 850
any action taken by the Interstate Commission. The Interstate 851
Commission shall specify the conditions by which the defaulting state 852
must cure its default. 853
2. Provide remedial training and specific technical assistance 854
regarding the default. 855
3. If the defaulting state fails to cure the default, the defaulting state 856
shall be terminated from the compact upon an affirmative vote of a 857
majority of the member states and all rights, privileges and benefits 858
conferred by this compact shall be terminated from the effective date of 859
termination. A cure of the default does not relieve the offending state of 860
obligations or liabilities incurred during the period of the default. 861
4. Suspension or termination of membership in the compact shall be 862
imposed only after all other means of securing compliance have been 863
exhausted. Notice of intent to suspend or terminate shall be given by the 864
Interstate Commission to the Governor, the majority and minority 865
leaders of the defaulting state's legislature, and each of the member 866
states. 867
5. The state which has been suspended or terminated is responsible 868
for all assessments, obligations and liabilities incurred through the 869
effective date of suspension or termination including obligations, the 870
performance of which extends beyond the effective date of suspension 871 Substitute Bill No. 1028
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or termination. 872
6. The Interstate Commission shall not bear any costs relating to any 873
state that has been found to be in default or which has been suspended 874
or terminated from the compact, unless otherwise mutually agreed 875
upon in writing between the Interstate Commission and the defaulting 876
state. 877
7. The defaulting state may appeal the action of the Interstate 878
Commission by petitioning the U.S. District Court for the District of 879
Columbia or the federal district where the Interstate Commission has its 880
principal offices. The prevailing party shall be awarded all costs of such 881
litigation including reasonable attorney's fees. 882
C. Dispute Resolution 883
1. The Interstate Commission shall attempt, upon the request of a 884
member state, to resolve disputes which are subject to the compact and 885
which may arise among member states and between member and 886
nonmember states. 887
2. The Interstate Commission shall promulgate a rule providing for 888
both mediation and binding dispute resolution for disputes as 889
appropriate. 890
D. Enforcement 891
1. The Interstate Commission, in the reasonable exercise of its 892
discretion, shall enforce the provisions and rules of this compact. 893
2. The Interstate Commission may, by majority vote of the members, 894
initiate legal action in the United States District Court for the District of 895
Columbia or, at the discretion of the Interstate Commission, in the 896
federal district where the Interstate Commission has its principal offices, 897
to enforce compliance with the provisions of the compact, its 898
promulgated rules and bylaws, against a member state in default. The 899
relief sought may include both injunctive relief and damages. In the 900 Substitute Bill No. 1028
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event judicial enforcement is necessary the prevailing party shall be 901
awarded all costs of such litigation including reasonable attorney's fees. 902
3. The remedies herein shall not be the exclusive remedies of the 903
Interstate Commission. The Interstate Commission may avail itself of 904
any other remedies available under state law or the regulation of a 905
profession. 906
ARTICLE XIV 907
FINANCING OF THE INTERSTATE COMMISSION 908
A. The Interstate Commission shall pay, or provide for the payment 909
of, the reasonable expenses of its establishment, organization and 910
ongoing activities. 911
B. The Interstate Commission may levy on and collect an annual 912
assessment from each member state to cover the cost of the operations 913
and activities of the Interstate Commission and its staff which must be 914
in a total amount sufficient to cover the Interstate Commission's annual 915
budget as approved each year. The aggregate annual assessment 916
amount shall be allocated based upon a formula to be determined by the 917
Interstate Commission, which shall promulgate a rule binding upon all 918
member states. 919
C. The Interstate Commission shall not incur obligations of any kind 920
prior to securing the funds adequate to meet the same; nor shall the 921
Interstate Commission pledge the credit of any of the member states, 922
except by and with the authority of the member state. 923
D. The Interstate Commission shall keep accurate accounts of all 924
receipts and disbursements. The receipts and disbursements of the 925
Interstate Commission shall be subject to the audit and accounting 926
procedures established under its bylaws. However, all receipts and 927
disbursements of funds handled by the Interstate Commission shall be 928
audited yearly by a certified or licensed public accountant and the 929
report of the audit shall be included in and become part of the annual 930 Substitute Bill No. 1028
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report of the Interstate Commission. 931
ARTICLE XV 932
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 933
A. Any state is eligible to become a member state. 934
B. The compact shall become effective and binding upon legislative 935
enactment of the compact into law by no less than ten of the states. The 936
effective date shall be no earlier than December 1, 2007. Thereafter it 937
shall become effective and binding as to any other member state upon 938
enactment of the compact into law by that state. The governors of 939
nonmember states or their designees shall be invited to participate in 940
the activities of the Interstate Commission on a nonvoting basis prior to 941
adoption of the compact by all states. 942
C. The Interstate Commission may propose amendments to the 943
compact for enactment by the member states. No amendment shall 944
become effective and binding upon the Interstate Commission and the 945
member states unless and until it is enacted into law by unanimous 946
consent of the member states. 947
ARTICLE XVI 948
WITHDRAWAL AND DISSOLUTION 949
A. Withdrawal 950
1. Once effective, the compact shall continue in force and remain 951
binding upon each and every member state provided a member state 952
may withdraw from the compact by specifically repealing the statute, 953
which enacted the compact into law. 954
2. Withdrawal from this compact shall be by the enactment of a 955
statute repealing the same, but shall not take effect until one year after 956
the effective date of such statute and until written notice of the 957
withdrawal has been given by the withdrawing state to the Governor of 958 Substitute Bill No. 1028
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each other member jurisdiction. 959
3. The withdrawing state shall immediately notify the chairperson of 960
the Interstate Commission in writing upon the introduction of 961
legislation repealing this compact in the withdrawing state. The 962
Interstate Commission shall notify the other member states of the 963
withdrawing state's intent to withdraw within sixty days of its receipt 964
thereof. 965
4. The withdrawing state is responsible for all assessments, 966
obligations and liabilities incurred through the effective date of 967
withdrawal, including obligations, the performance of which extend 968
beyond the effective date of withdrawal. 969
5. Reinstatement following withdrawal of a member state shall occur 970
upon the withdrawing state reenacting the compact or upon such later 971
date as determined by the Interstate Commission. 972
B. Dissolution of Compact 973
1. This compact shall dissolve effective upon the date of the 974
withdrawal or default of the member state which reduces the 975
membership in the compact to one member state. 976
2. Upon the dissolution of this compact, the compact becomes null 977
and void and shall be of no further force or effect, and the business and 978
affairs of the Interstate Commission shall be concluded and surplus 979
funds shall be distributed in accordance with the bylaws. 980
ARTICLE XVII 981
SEVERABILITY AND CONSTRUCTION 982
A. The provisions of this compact shall be severable, and if any 983
phrase, clause, sentence or provision is deemed unenforceable, the 984
remaining provisions of the compact shall be enforceable. 985
B. The provisions of this compact shall be liberally construed to 986 Substitute Bill No. 1028
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effectuate its purposes. 987
C. Nothing in this compact shall be construed to prohibit the 988
applicability of other interstate compacts to which the states are 989
members. 990
ARTICLE XVIII 991
BINDING EFFECT OF COMPACT AND OTHER LAWS 992
A. Other Laws 993
1. Nothing herein prevents the enforcement of any other law of a 994
member state that is not inconsistent with this compact. 995
2. All member states' laws conflicting with this compact are 996
superseded to the extent of the conflict. 997
B. Binding Effect of the Compact 998
1. All lawful actions of the Interstate Commission, including all rules 999
and bylaws promulgated by the Interstate Commission, are binding 1000
upon the member states. 1001
2. All agreements between the Interstate Commission and the 1002
member states are binding in accordance with their terms. 1003
3. In the event any provision of this compact exceeds the 1004
constitutional limits imposed on the legislature of any member state, 1005
such provision shall be ineffective to the extent of the conflict with the 1006
constitutional provision in question in that member state. 1007
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 10-264l(a) and (b)
Sec. 2 July 1, 2023 10-264l(c)(3)(C)
Sec. 3 July 1, 2023 10-264l(o)
Sec. 4 July 1, 2023 10-264r Substitute Bill No. 1028
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Sec. 5 July 1, 2023 10-262s
Sec. 6 July 1, 2023 10-15f
ED Joint Favorable Subst.