EDUCATION CODE
TITLE 4. COMPACTS
CHAPTER 162. INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN
Sec. 162.001. DEFINITIONS. In this chapter:
(1) "Compact" means the Interstate Compact on Educational
Opportunity for Military Children executed under Section 162.002.
(2) "Compact commissioner" means the individual appointed under
Section 162.004.
Added by Acts 2009, 81st Leg., R.S., Ch.
8, Sec. 1, eff. May 5, 2009.
Sec. 162.002. EXECUTION OF COMPACT. This state enacts the
Interstate Compact on Educational Opportunity for Military
Children and enters into the compact with all other states
legally joining in the compact in substantially the following
form:
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 education records from the
previous school district(s) or variations in entrance/age
requirements.
B. Facilitating the student placement process through which
children of military families are not disadvantaged by variations
in attendance requirements, scheduling, sequencing, grading,
course content or assessment.
C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in
extracurricular academic, athletic, and social activities.
D. Facilitating the on-time graduation of children of military
families.
E. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact.
G. Promoting coordination between this compact and other
compacts affecting military children.
H. Promoting flexibility and cooperation between the educational
system, parents, and the student in order to achieve educational
success for the student.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
A. "Active duty" means: full-time duty status in the active
uniformed service of the United States, including members of the
National Guard and Reserve on active duty orders pursuant to 10
U.S.C. Sections 1209 and 1211.
B. "Children of military families" means: a school-aged
child(ren), enrolled in kindergarten through twelfth (12th)
grade, 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 (1) month prior to the
service members' departure from their home station on military
orders through six (6) months after return to their home station.
E. "Education(al) records" means: those official records,
files, and data directly related to a student and maintained by
the school or local education agency, including but not limited
to records encompassing all the material kept in the student's
cumulative folder such as general identifying data, records of
attendance and of academic work completed, records of achievement
and results of evaluative tests, health data, disciplinary
status, test protocols, and individualized education programs.
F. "Extracurricular activities" means: a voluntary activity
sponsored by the school or local education agency or an
organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to,
preparation for and involvement in public performances, contests,
athletic competitions, demonstrations, displays, and club
activities.
G. "Interstate Commission on Educational Opportunity for
Military Children" 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 through twelfth (12th)
grade public educational institutions.
I. "Member state" means: a state that has enacted this compact.
J. "Military installation" means: a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity
under the jurisdiction of the Department of Defense, including
any leased facility, which is located within any of the several
states, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands and any other United States territory.
Such term does not include any facility used primarily for civil
works, rivers and harbors projects, or flood control projects.
K. "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.
O. "State" means: a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands and any other United States territory.
P. "Student" means: the child of a military family for whom the
local education agency receives public funding and who is
formally enrolled in kindergarten through twelfth (12th) grade.
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 service(s)" 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 therefrom under
conditions other than dishonorable.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in Section 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. Sections 1209 and
1211;
2. members or veterans of the uniformed services who are
severely injured and medically discharged or retired for a period
of one (1) 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 (1) year after death.
B. The provisions of this interstate compact shall only apply to
local education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the
children of:
1. inactive members of the national guard and military reserves;
2. members of the uniformed services now retired, except as
provided in Section A;
3. veterans of the uniformed services, except as provided in
Section A; and
4. other U.S. 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 AND 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 education 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/transcripts--Simultaneous with the
enrollment and conditional placement of the student, the school
in the receiving state shall request the student's official
education record from the school in the sending state. Upon
receipt of this request, the school in the sending state will
process and furnish the official education records to the school
in the receiving state within ten (10) days or within such time
as is reasonably determined under the rules promulgated by the
Interstate Commission.
C. Immunizations--Compacting states shall give thirty (30) days
from the date of enrollment or within such time that does not
exceed thirty (30) days as is reasonably determined under the
rules promulgated by the Interstate Commission, for students to
obtain any immunization(s) required by the receiving state. For
a series of immunizations, initial vaccinations must be obtained
within thirty (30) days or within such time that does not exceed
thirty (30) days as is reasonably determined under the rules
promulgated by the Interstate Commission. The collection and
exchange of information pertaining to immunizations shall be
subject to confidentiality provisions prescribed by federal law.
D. Kindergarten and first grade entrance age--Students shall be
allowed to continue their enrollment at grade level in the
receiving state commensurate with their grade level (including
kindergarten) from a local education agency in the sending state
at the time of transition, regardless of age. A student 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 AND ATTENDANCE
A. Course placement--When the student transfers before or during
the school year, the receiving state school shall initially honor
placement of the student in educational courses based on the
student's enrollment in the sending state school and/or
educational assessments conducted at the school in the sending
state if the courses are offered. Course placement includes but
is not limited to honors, international baccalaureate, advanced
placement, vocational, technical, and career pathways courses.
Continuing the student's academic program from the previous
school and promoting placement in academically and career
challenging courses should be paramount when considering
placement. This does not preclude the school in the receiving
state from performing subsequent evaluations to ensure
appropriate placement and continued enrollment of the student in
the course(s).
B. Educational program placement--The receiving state school
shall initially honor placement of the student in educational
programs based on current educational assessments conducted at
the school in the sending state or participation/placement in
like programs in the sending state. Such programs include, but
are not limited to: (1) gifted and talented programs; and (2)
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. Section 1400 et seq.), the
receiving state shall initially provide comparable services to a
student with disabilities based on his/her current Individualized
Education Program (IEP); and (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/program
prerequisites, or other preconditions for placement in
courses/programs offered under the jurisdiction of the local
education agency.
E. Absence as related to deployment activities--A student whose
parent or legal guardian is an active duty member of the
uniformed services, as defined by the compact, and has been
called to duty for, is on leave from, or immediately returned
from deployment to a combat zone or combat support posting, shall
be granted additional excused absences at the discretion of the
local education agency superintendent to visit with his or her
parent or legal guardian relative to such leave or deployment of
the parent or guardian.
ARTICLE VI. ELIGIBILITY
A. Eligibility for enrollment
1. Special power of attorney, relative to the guardianship of a
child of a military family and executed under applicable law,
shall be sufficient for the purposes of enrollment and all other
actions requiring parental participation and consent.
2. A local education agency shall be prohibited from charging
local tuition to a transitioning military child placed in the
care of a 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 he/she was
enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation--State and
local education agencies shall facilitate the opportunity for
transitioning military children's inclusion in extracurricular
activities, regardless of application deadlines, to the extent
they are otherwise qualified.
ARTICLE VII. GRADUATION
In order to facilitate the on-time graduation of children of
military families, states and local education agencies shall
incorporate the following procedures:
A. Waiver requirements--Local education agency administrative
officials shall waive specific courses required for graduation if
similar coursework 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
his or her senior year, then the provisions of Article VII,
Section C, shall apply.
C. Transfers during senior year--Should a military student
transferring at the beginning or during his or her senior year be
ineligible to graduate from the receiving local education agency
after all alternatives have been considered, the sending and
receiving local education agencies shall ensure the receipt of a
diploma from the sending local education agency, if the student
meets the graduation requirements of the sending local education
agency. In the event that one of the states in question is not a
member of this compact, the member state shall use best efforts
to facilitate the on-time graduation of the student in accordance
with Sections A and B of this article.
The Texas commissioner of education shall adopt a passing
standard on one or more national norm-referenced achievement
tests for purposes of permitting a student to whom this compact
applies to meet that standard as a substitute for completing a
specific course or achieving a score on an assessment instrument
otherwise required by this state for graduation. Each passing
standard must be at least as rigorous as the applicable
requirement otherwise imposed by this state for graduation, and
be consistent with college readiness standards adopted under
Section 28.008, Texas Education Code. Before adopting or
revising a passing standard, the commissioner of education must
consider any comments submitted by the Texas Higher Education
Coordinating Board or the State Board of Education.
A passing standard adopted by the commissioner of education is
available only for a student who enrolls in a public school in
this state for the first time after completing the ninth grade or
who reenrolls in a public school in this state at or above the
10th grade level after an absence of at least two years from the
public schools of this state. Each passing standard in effect
when a student first enrolls in a public high school in this
state remains applicable to the student for the duration of the
student's high school enrollment, regardless of any subsequent
revision of the standard.
The commissioner of education may adopt rules as necessary to
implement the commissioner's duties and authority under this
article of the compact.
The Texas Higher Education Coordinating Board shall monitor the
postsecondary educational performance in this state of students
permitted to graduate in accordance with passing standards
adopted by the commissioner of education for purposes of this
compact. Based on the educational performance of those students
in private and public institutions, the coordinating board shall
make recommendations to the commissioner of education regarding
appropriate revisions of the passing standards.
ARTICLE VIII. STATE COORDINATION
A. Each member state shall, through the creation of a State
Council or use of an existing body or board, provide for the
coordination among its agencies of government, local education
agencies, and military installations concerning the state's
participation in, and compliance with, this compact and
Interstate Commission activities. While each member state may
determine the membership of its own State Council, its membership
must include at least: the state superintendent of education,
superintendent of a school district with a high concentration of
military children, 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 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
U.S. 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 U.S. Department of Defense shall serve as an ex-officio,
non-voting 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. Give public notice of all meetings and all meetings shall be
open to the public, except as set forth in the rules or as
otherwise provided in the compact. The Interstate Commission and
its committees may close a meeting, or portion thereof, where it
determines by two-thirds vote that an open meeting would be
likely to:
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. Shall cause its legal counsel or designee to certify that a
meeting may be closed and shall reference each relevant
exemptible provision for any meeting, or portion of a meeting,
which is closed pursuant to this 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. 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. 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 following powers:
A. To provide for dispute resolution among member states.
B. To 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.
C. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate
compact, its bylaws, rules, and actions.
D. To enforce compliance with the compact provisions, the rules
promulgated by the Interstate Commission, and the bylaws, using
all necessary and proper means, including but not limited to the
use of judicial process.
E. To establish and maintain offices which shall be located
within one or more of the member states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire, or contract for services of
personnel.
H. To establish and appoint committees including, but not
limited to, an executive committee as required by Article IX,
Section E, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties
hereunder.
I. To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define
their duties, and determine their qualifications; and to
establish the Interstate Commission's personnel policies and
programs relating to conflicts of interest, rates of
compensation, and qualifications of personnel.
J. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
K. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real,
personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, real, personal or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
O. To report annually to the legislatures, governors, judiciary,
and state councils of the member states concerning the activities
of the Interstate Commission during the preceding year. Such
reports shall also include any recommendations that may have been
adopted by the Interstate Commission.
P. To coordinate education, training, and public awareness
regarding the compact, its implementation and operation for
officials and parents involved in such activity.
Q. To establish uniform standards for the reporting, collecting,
and exchanging of data.
R. To maintain corporate books and records in accordance with
the bylaws.
S. To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact.
T. To provide for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact.
ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION
A. The Interstate Commission shall, by a majority of the members
present and voting, within 12 months after the first Interstate
Commission meeting, adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee, and such other
committees as may be necessary;
3. Providing for the establishment of committees and for
governing any general or specific delegation of authority or
function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable
notice of each such meeting;
5. Establishing the titles and responsibilities of the officers
and staff of the Interstate Commission;
6. Providing a mechanism for concluding the operations of the
Interstate Commission and the return of surplus funds that may
exist upon the termination of the compact after the payment and
reserving of all of its debts and obligations;
7. Providing "start-up" rules for initial administration of the
compact.
B. The Interstate Commission shall, by a majority of the
members, elect annually from among its members a chairperson, a
vice-chairperson, and a treasurer, each of whom shall have such
authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the Interstate
Commission. The officers so elected shall serve without
compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
C. Executive Committee, Officers, and Personnel
1. The executive committee shall have such authority and duties
as may be set forth in the bylaws, including but not limited to:
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 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 wilful 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 wilful and
wanton misconduct of such person.
2. The Interstate Commission shall defend the executive director
and its employees and, subject to the approval of the attorney
general or other appropriate legal counsel of the member state
represented by an Interstate Commission representative, shall
defend such Interstate Commission representative in any civil
action seeking to impose liability arising out of an actual or
alleged act, error, or omission that occurred within the scope of
Interstate Commission employment, duties, or responsibilities, or
that the defendant had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error,
or omission did not result from intentional or wilful and wanton
misconduct on the part of such person.
3. To the extent not covered by the state involved, the 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 wilful
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, Volume 15, page 1 (2000), as amended, as may be
appropriate to the operations of the Interstate Commission.
C. Not later than thirty (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 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 U.S. 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 may, by majority vote of the
members, initiate legal action in the U.S. District Court for the
District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate
Commission has its principal offices, to enforce compliance with
the provisions of the compact, its promulgated rules and bylaws,
against a member state in default. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded
all costs of such litigation including reasonable attorney's
fees.
3. The remedies herein shall not be the exclusive remedies of
the Interstate Commission. The Interstate Commission may avail
itself of any other remedies available under state law or the
regulation of a profession.
ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall pay, or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an annual
assessment from each member state to cover the cost of the
operations and activities of the Interstate Commission and its
staff, which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon
a formula to be determined by the Interstate Commission, which
shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same; nor
shall the Interstate Commission pledge the credit of any of the
member states, 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. However, all
receipts and disbursements of funds handled by the Interstate
Commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included
in and become part of the annual report of the Interstate
Commission.
ARTICLE XV. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than ten
(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; provided that a
member state may withdraw from the compact by specifically
repealing the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until one
(1) 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 shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the
other member states of the withdrawing state's intent to withdraw
within sixty (60) days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date
of withdrawal, including obligations, the performance of which
extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting the compact or upon
such later date as determined by the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the
membership in the compact to one (1) 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
8, Sec. 1, eff. May 5, 2009.
Sec. 162.003. EFFECT ON TEXAS LAWS. If the laws of this state
conflict with the compact or a rule adopted under that compact,
the compact or rule controls, except that if a conflict exists
between the compact or rule and the Texas Constitution, as
determined by the courts of this state, the Texas Constitution
controls.
Added by Acts 2009, 81st Leg., R.S., Ch.
8, Sec. 1, eff. May 5, 2009.
Sec. 162.004. COMPACT COMMISSIONER. (a) The governor shall
appoint a compact commissioner to be responsible for
administration and management of this state's participation in
the compact.
(b) If the compact commissioner is unable to attend a specific
meeting of the Interstate Commission created under the compact,
the governor shall delegate voting authority for that meeting to
another individual from this state.
(c) The compact commissioner serves at the will of the governor.
Added by Acts 2009, 81st Leg., R.S., Ch.
8, Sec. 1, eff. May 5, 2009.
Sec. 162.005. STATE COORDINATION. (a) The Texas Education
Agency shall provide for coordination among state agencies,
school districts, and military installations concerning this
state's participation in and compliance with the compact and
compact activities, as required by Article VIII of the compact.
(b) To the extent that the compact requires or authorizes a
State Council created in accordance with Article VIII of the
compact to perform a duty or function, the Texas Education Agency
or the commissioner of education, as appropriate, shall perform
that duty or function.
Added by Acts 2009, 81st Leg., R.S., Ch.
8, Sec. 1, eff. May 5, 2009.