Bill Text: PA HB104 | 2009-2010 | Regular Session | Amended

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Bill Title: Authorizing the Commonwealth of Pennsylvania to join the Interstate Compact on Educational Opportunity for Military Children; providing for the form of the compact; imposing additional powers and duties on the Governor, the Secretary of the Commonwealth and the compact commissioner; and establishing the State Council on Interstate Educational Opportunity for Military Children.

Spectrum: Slight Partisan Bill (Democrat 42-14)

Status: (Introduced - Dead) 2009-02-05 - Re-committed to APPROPRIATIONS [HB104 Detail]

Download: Pennsylvania-2009-HB104-Amended.html

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PRIOR PRINTER'S NO. 97 PRINTER'S NO. 267
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 104 Session of2009
INTRODUCED BY COHEN, EACHUS, MELIO, MANN, BARRAR, BELFANTI, BEYER, BRENNAN, CALTAGIRONE, CARROLL, CASORIO, CONKLIN, DONATUCCI, FABRIZIO, FAIRCHILD, FRANKEL, FREEMAN, GEORGE, GOODMAN, GROVE, GRUCELA, HARHAI, HARKINS, HORNAMAN, JOSEPHS, KIRKLAND, KORTZ, KOTIK, KULA, LONGIETTI, McGEEHAN, McILVAINE SMITH, MICCARELLI, MILLER, MOUL, MUNDY, M. O'BRIEN, PALLONE, PASHINSKI, RAPP, READSHAW, SANTONI, SCAVELLO, SIPTROTH, SWANGER, THOMAS, VULAKOVICH, WHEATLEY, YOUNGBLOOD, EVERETT, HARPER, K. SMITH AND MURT, JANUARY 28, 2009
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 2009
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Interstate Compact on Educational Opportunity for Military
Children; providing for the form of the compact; imposing
additional powers and duties on the Governor, the Secretary
of the Commonwealth and the compact commissioner; and
establishing the State Council on Interstate Educational
Opportunity for Military Children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Interstate
Compact on Educational Opportunity for Military Children Act.
Section 2. Authority to execute compact.
The Governor of Pennsylvania, on behalf of this State, is
hereby authorized to execute a compact in substantially the
following form with any one or more of the states of the United
States, and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
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
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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 12301, et seq. and 12401, et seq.
B. "Children of military families" means: a school-aged
child(ren), enrolled in Kindergarten through Twelfth (12th)
grade, normally residing 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,
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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 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.
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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 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 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
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services and who was discharged or released there from 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;
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. Dept. 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
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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/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 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 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
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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 minimum
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
minimum 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 a local education
agency in the sending state.
ARTICLE V
PLACEMENT & ATTENDANCE
A. Course placement - When the student transfers before or
during the school year, the receiving state school shall
initially honor placement of the student in educational courses
based on the student's enrollment in the sending state school
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
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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.A. 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
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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 - Children of military
families shall be eligible for enrollment in the public schools
of Pennsylvania, under sections 1302 and 1306 1316 of the act of <--
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, that provide for admission, without the payment of
tuition, of children of military families not domiciled within
the school district, if the specified conditions under sections
1302 and 1306 1316 of the Public School Code of 1949 are met. <--
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
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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 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.
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
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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
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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,
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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. Dept. of Defense shall serve as an
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.
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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. 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
therefor, including a description of the views expressed and the
record of a roll call vote. All documents considered in
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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. 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. 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 or political subdivision of a
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 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
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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.
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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:
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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
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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. (Reserved).
3. 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
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
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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 willful and wanton
misconduct of such person.
1. The liability of the Interstate Commission's executive
director and employees or Interstate Commission representatives,
acting within the scope of such person's employment or duties
for acts, errors, or omissions occurring within such person's
state may not exceed the limits of liability set forth under the
Constitution and laws of that state for state officials,
employees, and agents. The Interstate Commission is considered
to be an instrumentality of the states for the purposes of any
such action. Nothing in this subsection shall be construed to
protect such person from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and
wanton misconduct of such person.
2. The Interstate Commission shall defend the executive
director and its employees and, subject to the approval of the
Attorney General or other appropriate legal counsel of the
member state represented by an Interstate Commission
representative, shall defend such Interstate Commission
representative in any civil action seeking to impose liability
arising out of an actual or alleged act, error or omission that
occurred within the scope of Interstate Commission employment,
duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
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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
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Annotated, Vol. 15, p.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.
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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
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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
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members, 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.
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
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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
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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 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
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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
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conflict with the constitutional provision in question in that
member state.
Section 3. When and how compact becomes operative.
(a) General rule.--When the Governor executes the Interstate
Compact on Educational Opportunity for Military Children on
behalf of this State and files a verified copy thereof with the
Secretary of the Commonwealth and when the compact is ratified
by at least ten other states, then the compact shall become
operative and effective between this State and such other
states. The Governor is hereby authorized and directed to take
such action as may be necessary to complete the exchange of
official documents between this State and any other state
ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--The Secretary of the
Commonwealth shall publish a notice in the Pennsylvania Bulletin
when the conditions set forth in subsection (a) are satisfied
and shall include in the notice the date on which the compact
became effective and operative between this State and any other
states in accordance with this act.
Section 4. Force and effect of compact rules.
Rules promulgated by the Interstate Commission under Article
XII of this compact shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Section 204(b) of the act of October 15, 1980 (P.L.
950, No.164), known as the Commonwealth Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(4) 2 Pa.C.S. (relating to administrative law and
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procedure).
Section 5. Action to enforce compliance against member states.
Any action by the Interstate Commission to enforce compliance
with the compact provisions or with any rules promulgated under
Article XII of the compact shall be brought against the
Commonwealth of Pennsylvania but not against a political
subdivision of the Commonwealth of Pennsylvania.
Section 6. State Council on Interstate Educational Opportunity
for Military Children.
(a) Establishment.--Consistent with Article VIII of the
Interstate Compact on Educational Opportunity for Military
Children, there is hereby established the State Council on
Interstate Educational Opportunity for Military Children. The
council shall conduct all business pursuant to 65 Pa.C.S. Ch. 7
(relating to open meetings), the former act of June 21, 1957
(P.L.390, No.212), referred to as the Right-to-Know Law, or the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law. The council shall consist of the Secretary of
Education, three four members appointed by the Governor, one a <--
superintendent of a school district with a high concentration of
military children, one a representative of a military
institution, one representative of the Pennsylvania School
Boards Association and one a representative of the executive
branch, and one member each appointed by the President pro
tempore of the Senate, the Minority Leader of the Senate, the
Speaker of the House of Representatives and the Minority Leader
of the House of Representatives.
(b) Terms.--The term of a member of the council hereafter
appointed, except to fill a vacancy, shall be four years and
until a successor has been appointed, but in no event more than
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90 days beyond the expiration of the appointed term.
(c) Vacancy.--A vacancy occurring in an office of a member
of the council for any reason shall be filled by the appointing
authority for the remainder of the term.
Section 7. Appointment of compact commissioner.
The compact commissioner shall be appointed by the Governor
and shall have experience in either school district <--
administration or operations, student attendance, enrollment or
transfers or education law and shall serve as a member of the
State Council on Interstate Educational Opportunity for Military
Children and. The compact commissioner shall serve on the <--
Interstate Commission on Educational Opportunity for Military
Children established pursuant to Article IX of the Interstate
Compact on Educational Opportunity for Military Children.
Section 8. Compensation and expenses of compact commissioner.
The compact commissioner who represents this State under the
Interstate Compact on Educational Opportunity for Military
Children shall not be entitled to any additional compensation
for his duties and responsibilities as compact commissioner but
shall be entitled to reimbursement for reasonable expenses
actually incurred in connection with his duties and
responsibilities as compact commissioner in the same manner as
for expenses incurred in connection with other duties and
responsibilities of his office or employment.
Section 9. Effective date.
This act shall take effect July 1, 2009, or immediately,
whichever is later.
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