Substitute for HOUSE BILL No. 2102
AN ACT concerning school districts; relating to enrollment; providing for the advance
enrollment of a military student whose parent or person acting as parent will be
stationed in this state; correcting federal statutory citations in the interstate compact
on educational opportunity for military children; amending K.S.A. 72-8268 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) A school district shall enroll any military
student in kindergarten or any of the grades one through 12 prior to
such student physically residing in this state if such student provides
evidence that such student's parent or person acting as parent will be
stationed at a military installation in this state during the current or
immediately succeeding school year. No proof of address shall be
required at the time of such enrollment. Residency within the district
may be required for attendance if the school district does not have open
seats at the time of enrollment as determined by K.S.A. 72-3123, and
amendments thereto.
(b) If a school district offers a pre-kindergarten program, such
school district shall enroll any military student in such pre-kindergarten
program if such student is eligible to participate in such program and
such student provides evidence that such student's parent or person
acting as parent will be stationed at a military installation in this state
during the current or immediately succeeding school year. If the school
district has no open seats for such program, then such student shall be
placed on a waiting list for enrollment. Proof of address shall not be
required at the time of enrollment, but such proof may be required for
attendance. Nothing in this subsection shall be construed to require a
school district to offer a pre-kindergarten program that such school
district is not required to offer or does not currently offer.
(c) If such student has an individualized education program (IEP)
or a 504 plan, the school district shall take appropriate measures to
ensure such student will receive the required education and related
services upon attending school in the district.
(d) As used in this section, "military student" means the same as
defined in K.S.A. 72-5139, and amendments thereto.
Sec. 2. K.S.A. 72-8268 is hereby amended to read as follows: 72-
8268. The interstate compact on educational opportunity for military
children is hereby enacted into law and entered into with all
jurisdictions legally joining therein, in the form substantially as
follows:
Interstate Compact on Educational Opportunity for Military Children
ARTICLE I. PURPOSE
It is the purpose of this compact to remove barriers to educational
success imposed on children of military families because of frequent
moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of military families
and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of educational records from the previous school district
or variations in entrance 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 Substitute for HOUSE BILL No. 2102—page 2
compacts affecting military children.
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. section chapter
1209 and 1211.
B. "Children of military families" means school-aged children,
enrolled in kindergarten or any of the grades one through 12, in the
household of an active duty member.
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 through
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 voluntary activities 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" means the commission that is created under article IX of this
compact, which is generally referred to as interstate commission.
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 and grades one through 12 in public
schools.
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 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 U.S. Virgin Islands,
Guam, American Samoa, the Northern Marianas Islands and any other
U.S. Territory. Such term does not include any facility used primarily
for civil works, rivers and harbors projects or flood control projects.
K. "Non-member 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 has the force and effect
of statutory law in a member state, 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. Substitute for HOUSE BILL No. 2102—page 3
O. "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa, the Northern Marianas Islands and any other
U.S. 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 or any of the grades one through 12.
Q. "Transition" means (1) the formal and physical process of
transferring from school to school or (2) 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 services" means the army, navy, air force, marine
corps, 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 there from under conditions other
than dishonorable.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in subsection B, 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. section chapter 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 paragraph 1;
3. veterans of the uniformed services, except as provided in
paragraph 1; 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 or 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 10 days or within
such time as is reasonably determined under the rules promulgated by
the interstate commission.
C. Immunizations - Compacting states shall allow 30 days from the
date of enrollment or within such time as is reasonably determined Substitute for HOUSE BILL No. 2102—page 4
under the rules promulgated by the Interstate Commission, for students
to obtain any immunizations required by the receiving state. For a
series of immunizations, initial vaccinations must be obtained within 30
days or within such time as is reasonably determined under the rules
promulgated by the interstate commission.
D. Kindergarten and First grade entrance age - Students shall be
allowed to continue their enrollment at grade level in the receiving state
commensurate with their grade level from a local education agency in
the sending state at the time of transition, regardless of age. A student
that has satisfactorily completed the prerequisite grade level in the local
education agency in the sending state shall be eligible for enrollment in
the next highest grade level in the receiving state, regardless of age. A
student transferring after the start of the school year in the receiving
state shall enter the school in the receiving state on 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 initially shall 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 such courses.
B. Educational program placement - The receiving state school
initially shall 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 (ESL). 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 (IDEA),
20 U.S.C.A. section 1400 et seq., the receiving state initially shall
provide comparable services to a student with disabilities based on the
student's current individualized education program (IEP). (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 and program
prerequisites or other preconditions for placement in courses and
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 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 the
student's parent or legal guardian relative to such leave or deployment
of the parent or guardian. Substitute for HOUSE BILL No. 2102—page 5
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 non-
custodial 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 non-
custodial parent or other person standing in loco parentis who lives in a
jurisdiction other than that of the custodial parent, may continue to
attend the school in which the child was enrolled while residing with
the custodial parent.
B. Eligibility for 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:
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: (1) Exit or end-of-course exams
required for graduation from the sending state; or (2) national norm-
referenced achievement tests or (3) 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 the senior year, then the provisions of paragraph
C of this article shall apply.
C. Transfers during senior year - Should a military student
transferring at the beginning or during the 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 paragraphs A and B of this article.
ARTICLE VIII. STATE COORDINATION
A. Each member state, through the creation of a state council or use
of an existing body or board, shall 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: The commissioner of education, a
superintendent of a school district with a high concentration of military
children, a representative from a military installation, one
representative each from the legislative and executive branches 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 Substitute for HOUSE BILL No. 2102—page 6
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:
A. Be a body corporate and joint agency of the member states and
shall have all the responsibilities, powers and duties set forth herein,
and such additional powers as may be conferred upon it by a
subsequent concurrent action of the respective legislatures of the
member states in accordance with the terms of this compact.
B. Consist of one interstate commission voting representative from
each member state who shall be that state's compact commissioner.
1. Each member state represented at a meeting of the interstate
commission is entitled to one vote.
2. A majority of the total member states shall constitute a quorum
for the transaction of business, unless a larger quorum is required by
the bylaws of the interstate commission.
3. A representative shall not delegate a vote to another member
state. In the event the compact commissioner is unable to attend a
meeting of the interstate commission, the governor or state council may
delegate voting authority to another person from their state for a
specified meeting.
4. The bylaws may provide for meetings of the interstate
commission to be conducted by telecommunication or electronic
communication.
C. Consist of ex-officio, non-voting 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.
D. Meet at least once each calendar year. The chairperson may call
additional meetings and, upon the request of a simple majority of the
member states, shall call additional meetings.
E. Establish an executive committee, whose members shall include
the officers of the interstate commission and such other members of the
interstate commission as determined by the bylaws. Members of the
executive committee shall serve a 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, its bylaws and rules, and other such duties as deemed
necessary. The United States department of defense, shall serve as an Substitute for HOUSE BILL No. 2102—page 7
ex-officio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and
procedures under which the interstate commission shall make its
information and official records available to the public for inspection or
copying. The interstate commission may exempt from disclosure
information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
G. Public notice shall be given by the interstate commission 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:
1. Relate solely to the interstate commission's internal personnel
practices and procedures;
2. disclose matters specifically exempted from disclosure by federal
and state statute;
3. disclose trade secrets or commercial or financial information
which is privileged or confidential;
4. involve accusing a person of a crime, or formally censuring a
person;
5. disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
6. disclose investigative records compiled for law enforcement
purposes; or
7. specifically relate to the interstate commission's participation in a
civil action or other legal proceeding.
H. 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 therefore, 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.
I. The interstate commission shall 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.
J. The interstate commission shall 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 power to:
A. Provide for dispute resolution among member states.
B. Promulgate rules and take all necessary actions to effect the
goals, purposes and obligations as enumerated in this compact. The
rules shall have the force and effect of statutory law and shall be
binding in the compact states to the extent and in the manner provided
in this compact. Substitute for HOUSE BILL No. 2102—page 8
C. Issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact, its
bylaws, rules and actions.
D. 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.
E. Establish and maintain offices which shall be located within one
or more of the member states.
F. Purchase and maintain insurance and bonds.
G. Borrow, accept, hire or contract for services of personnel.
H. Establish and appoint committees including, but not limited to,
an executive committee as required by article IX, which shall have the
power to act on behalf of the interstate commission in carrying out its
powers and duties hereunder.
I. Elect or appoint 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.
J. Accept any and all donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize, and dispose of
it.
K. Lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal or
mixed.
L. Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal or mixed.
M. Establish a budget and make expenditures.
N. Adopt a seal and bylaws governing the management and
operation of the interstate commission.
O. Report annually to the legislatures, governors, judiciary, and state
councils of the member states concerning the activities of the interstate
commission during the preceding year. Such reports shall also include
any recommendations that may have been adopted by the interstate
commission.
P. Coordinate education, training and public awareness regarding the
compact, its implementation and operation for officials and parents
involved in such activity.
Q. Establish uniform standards for the reporting, collecting and
exchanging of data.
R. Maintain corporate books and records in accordance with the
bylaws.
S. Perform such functions as may be necessary or appropriate to
achieve the purposes of this compact.
T. Provide for the uniform collection and sharing of information
between and among member states, schools and military families under
this compact.
ARTICLE XI. ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
A. The interstate commission, by a majority of the members present
and voting, within 12 months after the first interstate commission
meeting, shall 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 Substitute for HOUSE BILL No. 2102—page 9
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, by a majority of the members, shall
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. 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:
a. Managing the affairs of the interstate commission in a manner
consistent with the bylaws and purposes of the interstate commission;
b. overseeing an organizational structure within, and appropriate
procedures for the interstate commission to provide for the creation of
rules, operating procedures, and administrative and technical support
functions; and
c. planning, implementing, and coordinating communications and
activities with other state, federal and local government organizations
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 by 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, 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 Substitute for HOUSE BILL No. 2102—page 10
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. Notwithstanding the foregoing,
in the event the interstate commission exercises its rulemaking
authority in a manner that is beyond the scope of the purposes of this
act, 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 and the rules
promulgated hereunder 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 Substitute for HOUSE BILL No. 2102—page 11
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.
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 non-
member 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, by majority vote of the members, may
initiate legal action in the United States district court for the District of
Columbia or, at the discretion of the interstate commission, in the
federal district where the interstate commission has its principal offices,
to enforce compliance with the provisions of the compact, its
promulgated rules and bylaws, against a member state in default. The
relief sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary the prevailing party shall be
awarded all costs of such litigation including reasonable attorney's fees.
3. The remedies 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. Substitute for HOUSE BILL No. 2102—page 12
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. The interstate
commission shall not pledge the credit of any of the member states,
except by and with the authority of the member state.
D. The interstate commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
interstate commission shall be subject to the audit and accounting
procedures established under its bylaws. 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. The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than 10 of the states. The
effective date shall be no earlier than December 1, 2007. 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 non-
member states or their designees shall be invited to participate in the
activities of the interstate commission on a non-voting 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. A member state may
withdraw from the compact 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, but shall not take effect until one year after
the effective date of such statute and until written notice of the
withdrawal has been given by the withdrawing state to the governor of
each other member jurisdiction.
3. The withdrawing state immediately shall 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 Substitute for HOUSE BILL No. 2102—page 13
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 prevents 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. Substitute for HOUSE BILL No. 2102—page 14
Sec. 3. K.S.A. 72-8268 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.