{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-360.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-360.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-360.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-360.html"}],"law_id":57854,"edition_id":1,"section_id":57854,"structure_id":15194,"section_number":"22.1-360","catch_line":"Interstate Compact on Educational Opportunity for Military Children","history":"2009, c. 187; 2010, c. 148.","full_text":"The Interstate Compact on Educational Opportunity for Military Children is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tIt 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:\n\nA\n\nFacilitating 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\n\nFacilitating 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\n\nFacilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.D\n\nFacilitating the on-time graduation of children of military families.E\n\nProviding for the promulgation and enforcement of administrative rules implementing the provisions of this compact.F\n\nProviding for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.G\n\nPromoting coordination between this compact and other compacts affecting military children.H\n\nPromoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.\n\t\t\tArticle II. Definitions.\n\t\t\tAs used in this compact, unless the context clearly requires a different construction:\n\t\t\t“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. Chapters 1209 and 1211.\n\t\t\t“Children of military families” means school-aged children, enrolled in kindergarten through 12th grade, in the household of an active duty member.\n\t\t\t“Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact.\n\t\t\t“Deployment” means the period one month prior to the service members’ departure from their home station on military orders through six months after return to their home station.\n\t\t\t“Educational records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.\n\t\t\t“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.\n\t\t\t“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 the Interstate Commission.\n\t\t\t“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 12th grade public educational institutions.\n\t\t\t“Member state” means a state that has enacted this compact.\n\t\t\t“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.\n\t\t\t“Nonmember state” means a state that has not enacted this compact.\n\t\t\t“Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.\n\t\t\t“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 if approved by the legislature of the member state.\n\t\t\t“Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.\n\t\t\t“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.\n\t\t\t“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 12th grade.\n\t\t\t“Transition” means: (i) the formal and physical process of transferring from school to school or (ii) the period of time in which a student moves from one school in the sending state to another school in the receiving state.\n\t\t\t“Uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.\n\t\t\t“Veteran” means a person who served in the active military, naval, or air service and who was discharged or released there from under conditions other than dishonorable.\n\t\t\tArticle III. Applicability.A\n\nExcept as otherwise provided in subsection B, this compact shall apply to the children of:1\n\nActive 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. §§ 1209 and 1211;2\n\nMembers or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and3\n\nMembers of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.B\n\nThe provisions of this interstate compact shall only apply to local education agencies as defined in this compact.C\n\nThe provisions of this compact shall not apply to the children of:1\n\nInactive members of the National Guard and Military Reserves;2\n\nMembers of the uniformed services now retired, except as provided in subsection A;3\n\nVeterans of the uniformed services, except as provided in subsection A; and4\n\nOther U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.\n\t\t\t\tArticle IV. Educational Records and Enrollment.A\n\nUnofficial 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\n\nOfficial 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 records from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.C\n\nImmunizations. Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.D\n\nKindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at the 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 minimum age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of 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.\n\t\t\tArticle V. Placement and Attendance.A\n\nCourse 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\n\nEducational 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, (i) gifted and talented programs and (ii) English as a second language (ESL) programs. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.C\n\nSpecial education services. In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP) and in compliance with the requirements of § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, and 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\n\nPlacement 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\n\nAbsence 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 has 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.\n\t\t\tArticle VI. Eligibility.A\n\nEligibility for enrollment.1\n\nChildren of military families shall be eligible for enrollment in the public schools of Virginia provided that the documents required by §§ 22.1-3.1 and 22.1-3.2 are provided and subject to the authority of a local education agency to exclude such children from attendance pursuant to § 22.1-277.2 or if such children have been found guilty or adjudicated delinquent for any offense listed in subsection G of § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories;2\n\nSpecial power of attorney, relative to the guardianship of a child of a military family, and executed under Title 10, United States Code, § 1044b, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent;3\n\nA local education agency shall be prohibited from charging local tuition to a military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent; and4\n\nA military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.B\n\nEligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.\n\t\t\tArticle VII. Graduation.\n\t\t\tIn order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:A\n\nWaiver 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\n\nExit exams. States shall accept: (i) exit or end-of-course exams required for graduation from the sending state, (ii) national norm-referenced achievement tests, or (iii) alternative testing acceptable to the receiving state, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state, then the provisions of subsection C of this Article shall apply. Within 12 months of the effective date of this compact, the Interstate Commission shall adopt a rule addressing the acceptance of exit exams.C\n\nTransfers during senior year. Should a military student transferring in his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending local education agency, with the cooperation of the receiving local education agency, 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 subsections A and B of this Article.\n\t\t\tArticle VIII. State Coordination.A\n\nEach 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: (i) the state superintendent of education, (ii) the superintendent of a school district with a high concentration of military children, (iii) one representative from a military installation, and (iv) 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\n\nEach member state shall employ a military family education liaison to assist military families and the state in facilitating the implementation of this compact.C\n\nThe Governor of each member state shall appoint or designate a compact commissioner responsible for the administration and management of the state’s participation in the compact and who is empowered to establish statewide policy related to matters governed by this compact.D\n\nThe compact commissioner and the military family education liaison described herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.\n\t\t\tArticle IX. Interstate Commission on Educational Opportunity for Military Children.\n\t\t\tThe 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\n\nBe 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\n\nConsist of one Interstate Commission voting representative from each member state who shall be that state’s compact commissioner and who is empowered to establish statewide policy related to matters governed by this compact.1\n\nEach member state represented at a meeting of the Interstate Commission is entitled to one vote;2\n\nA 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\n\nA 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 the state for a specified meeting; and4\n\nThe bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.C\n\nConsist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the 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\n\nMeet 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\n\nEstablish 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, nonvoting member of the executive committee.F\n\nEstablish 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\n\nPublic notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds vote that an open meeting would be likely to:1\n\nRelate solely to the Interstate Commission’s internal personnel practices and procedures;2\n\nDisclose matters specifically exempted from disclosure by federal and state statute;3\n\nDisclose trade secrets or commercial or financial information that is privileged or confidential;4\n\nInvolve accusing a person of a crime or formally censuring a person;5\n\nDisclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;6\n\nDisclose investigative records compiled for law-enforcement purposes; or7\n\nSpecifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding.H\n\nFor a meeting, or portion of a meeting, closed pursuant to the provisions of subsection G, the Interstate Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes, which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.I\n\nThe Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.J\n\nThe Interstate Commission shall create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission, any member state, or any local education agency.\n\t\t\tArticle X. Powers and Duties of the Interstate Commission.\n\t\t\tThe Interstate Commission shall have the following powers:A\n\nTo provide for dispute resolution among member states.B\n\nTo 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 regulations adopted under the Administrative Process Act (§ 2.2-4000 et seq.), and shall be binding in the compact states to the extent and in the manner provided in this compact.C\n\nTo issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions.D\n\nTo 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. Any action to enforce compliance with the compact provisions by the Interstate Commission shall be brought against a member state only.E\n\nTo establish and maintain offices, which shall be located within one or more of the member states.F\n\nTo purchase and maintain insurance and bonds.G\n\nTo borrow, accept, hire, or contract for services of personnel.H\n\nTo establish and appoint committees, including but not limited to an executive committee as required by Article IX, subsection E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.I\n\nTo 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\n\nTo accept any and all donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of them.K\n\nTo lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.L\n\nTo sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.M\n\nTo establish a budget and make expenditures.N\n\nTo adopt a seal and bylaws governing the management and operation of the Interstate Commission.O\n\nTo 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\n\nTo coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity.Q\n\nTo establish uniform standards for the reporting, collecting, and exchanging of data.R\n\nTo maintain corporate books and records in accordance with the bylaws.S\n\nTo perform such functions as may be necessary or appropriate to achieve the purposes of this compact.T\n\nTo provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.\n\t\t\tArticle XI. Organization and Operation of the Interstate Commission.A\n\nThe 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\n\nEstablishing the fiscal year of the Interstate Commission;2\n\nEstablishing an executive committee and such other committees as may be necessary;3\n\nProviding for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;4\n\nProviding reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;5\n\nEstablishing the titles and responsibilities of the officers and staff of the Interstate Commission;6\n\nProviding 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; and7\n\nProviding “start-up” rules for initial administration of the compact.B\n\nThe 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 the 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\n\nExecutive Committee, officers, and personnel.1\n\nThe executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: (i) managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (ii) overseeing an organizational structure within and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and (iii) planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission.2\n\nThe 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\n\nThe 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 willful and wanton misconduct of such person.1\n\nThe liability of the Interstate Commission’s executive director and employees or the Interstate Commission representatives, acting within the scope of their 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\n\nThe Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.3\n\nTo 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.\n\t\t\t\tArticle XII. Rulemaking Functions of the Interstate Commission.A\n\nRulemaking 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\n\nRulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.C\n\nNot later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.D\n\nIf 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.\n\t\t\tArticle XIII. Oversight, Enforcement, and Dispute Resolution.A\n\nOversight.1\n\nThe 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 regulations adopted under the Administrative Process Act (§ 2.2-4000 et seq.);2\n\nAll 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 that may affect the powers, responsibilities, or actions of the Interstate Commission; and3\n\nThe 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\n\nDefault, technical assistance, suspension, and termination.\n\t\t\tIf 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\n\nProvide 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\n\nProvide remedial training and specific technical assistance regarding the default;3\n\nIf 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\n\nSuspension 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\n\nThe state that 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\n\nThe Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state; and7\n\nThe defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.C\n\nDispute resolution.1\n\nThe Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states.2\n\nThe Interstate Commission shall promulgate a rule providing for mediation for disputes as appropriate.\n\t\t\t\tArticle XIV. Financing of the Interstate Commission.A\n\nThe Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.B\n\nThe 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\n\nThe 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\n\nThe 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.\n\t\t\tArticle XV. Member States, Effective Date, and Amendment.A\n\nAny state is eligible to become a member state.B\n\nThe compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The Governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.C\n\nThe 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.\n\t\t\tArticle XVI. Withdrawal and Dissolution.A\n\nWithdrawal.1\n\nOnce 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 by repealing the statute that enacted the compact into law.2\n\nWithdrawal from this compact shall be by the enactment of a statute repealing the same.3\n\nThe withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.4\n\nThe withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.5\n\nReinstatement 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\n\nDissolution of compact.1\n\nThis compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state.2\n\nUpon 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.\n\t\t\t\tArticle XVII. Severability and Construction.A\n\nThe 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\n\nThe provisions of this compact shall be liberally construed to effectuate its purposes.C\n\nNothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.\n\t\t\tArticle XVIII. Binding Effect of Compact and Other Laws.A\n\nOther laws.1\n\nNothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.2\n\nAll member states’ laws conflicting with this compact are superseded to the extent of the conflict.B\n\nBinding effect of the compact.1\n\nAll lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.2\n\nAll agreements between the Interstate Commission and the member states are binding in accordance with their terms.3\n\nIn 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.","order_by":null,"text":{"0":{"id":211827,"text":"The Interstate Compact on Educational Opportunity for Military Children is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tIt 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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":211828,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"B"},"2":{"id":211829,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"3":{"id":211830,"text":"Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":211831,"text":"Facilitating the on-time graduation of children of military families.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":211832,"text":"Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":211833,"text":"Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":211834,"text":"Promoting coordination between this compact and other compacts affecting military children.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"8":{"id":211835,"text":"Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.\n\t\t\tArticle II. Definitions.\n\t\t\tAs used in this compact, unless the context clearly requires a different construction:\n\t\t\t“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. Chapters 1209 and 1211.\n\t\t\t“Children of military families” means school-aged children, enrolled in kindergarten through 12th grade, in the household of an active duty member.\n\t\t\t“Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact.\n\t\t\t“Deployment” means the period one month prior to the service members’ departure from their home station on military orders through six months after return to their home station.\n\t\t\t“Educational records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.\n\t\t\t“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.\n\t\t\t“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 the Interstate Commission.\n\t\t\t“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 12th grade public educational institutions.\n\t\t\t“Member state” means a state that has enacted this compact.\n\t\t\t“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.\n\t\t\t“Nonmember state” means a state that has not enacted this compact.\n\t\t\t“Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.\n\t\t\t“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 if approved by the legislature of the member state.\n\t\t\t“Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.\n\t\t\t“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.\n\t\t\t“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 12th grade.\n\t\t\t“Transition” means: (i) the formal and physical process of transferring from school to school or (ii) the period of time in which a student moves from one school in the sending state to another school in the receiving state.\n\t\t\t“Uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard, as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.\n\t\t\t“Veteran” means a person who served in the active military, naval, or air service and who was discharged or released there from under conditions other than dishonorable.\n\t\t\tArticle III. Applicability.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"A"},"9":{"id":211836,"text":"Except as otherwise provided in subsection B, this compact shall apply to the children of:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"H","next_prefix":"A1"},"10":{"id":211837,"text":"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. §§ 1209 and 1211;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"11":{"id":211838,"text":"Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"12":{"id":211839,"text":"Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"13":{"id":211840,"text":"The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"14":{"id":211841,"text":"The provisions of this compact shall not apply to the children of:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"15":{"id":211842,"text":"Inactive members of the National Guard and Military Reserves;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"16":{"id":211843,"text":"Members of the uniformed services now retired, except as provided in subsection A;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"17":{"id":211844,"text":"Veterans of the uniformed services, except as provided in subsection A; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"18":{"id":211845,"text":"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.\n\t\t\t\tArticle IV. Educational Records and Enrollment.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"A"},"19":{"id":211846,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C4","next_prefix":"B"},"20":{"id":211847,"text":"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 records from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"21":{"id":211848,"text":"Immunizations. Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"22":{"id":211849,"text":"Kindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at the 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 minimum age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of 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.\n\t\t\tArticle V. Placement and Attendance.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"A"},"23":{"id":211850,"text":"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).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"D","next_prefix":"B"},"24":{"id":211851,"text":"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, (i) gifted and talented programs and (ii) English as a second language (ESL) programs. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"25":{"id":211852,"text":"Special education services. In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program (IEP) and in compliance with the requirements of § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, and 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"26":{"id":211853,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"27":{"id":211854,"text":"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 has 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.\n\t\t\tArticle VI. Eligibility.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"A"},"28":{"id":211855,"text":"Eligibility for enrollment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"E","next_prefix":"A1"},"29":{"id":211856,"text":"Children of military families shall be eligible for enrollment in the public schools of Virginia provided that the documents required by §§ 22.1-3.1 and 22.1-3.2 are provided and subject to the authority of a local education agency to exclude such children from attendance pursuant to § 22.1-277.2 or if such children have been found guilty or adjudicated delinquent for any offense listed in subsection G of § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"30":{"id":211857,"text":"Special power of attorney, relative to the guardianship of a child of a military family, and executed under Title 10, United States Code, § 1044b, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"31":{"id":211858,"text":"A local education agency shall be prohibited from charging local tuition to a military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"32":{"id":211859,"text":"A military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was enrolled while residing with the custodial parent.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"33":{"id":211860,"text":"Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.\n\t\t\tArticle VII. Graduation.\n\t\t\tIn order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"A"},"34":{"id":211861,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"B","next_prefix":"B"},"35":{"id":211862,"text":"Exit exams. States shall accept: (i) exit or end-of-course exams required for graduation from the sending state, (ii) national norm-referenced achievement tests, or (iii) alternative testing acceptable to the receiving state, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state, then the provisions of subsection C of this Article shall apply. Within 12 months of the effective date of this compact, the Interstate Commission shall adopt a rule addressing the acceptance of exit exams.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"36":{"id":211863,"text":"Transfers during senior year. Should a military student transferring in his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending local education agency, with the cooperation of the receiving local education agency, 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 subsections A and B of this Article.\n\t\t\tArticle VIII. State Coordination.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"A"},"37":{"id":211864,"text":"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: (i) the state superintendent of education, (ii) the superintendent of a school district with a high concentration of military children, (iii) one representative from a military installation, and (iv) 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C","next_prefix":"B"},"38":{"id":211865,"text":"Each member state shall employ a military family education liaison to assist military families and the state in facilitating the implementation of this compact.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"39":{"id":211866,"text":"The Governor of each member state shall appoint or designate a compact commissioner responsible for the administration and management of the state’s participation in the compact and who is empowered to establish statewide policy related to matters governed by this compact.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"40":{"id":211867,"text":"The compact commissioner and the military family education liaison described herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.\n\t\t\tArticle IX. Interstate Commission on Educational Opportunity for Military Children.\n\t\t\tThe 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:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"A"},"41":{"id":211868,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"D","next_prefix":"B"},"42":{"id":211869,"text":"Consist of one Interstate Commission voting representative from each member state who shall be that state’s compact commissioner and who is empowered to establish statewide policy related to matters governed by this compact.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"43":{"id":211870,"text":"Each member state represented at a meeting of the Interstate Commission is entitled to one vote;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"44":{"id":211871,"text":"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;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"45":{"id":211872,"text":"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 the state for a specified meeting; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"46":{"id":211873,"text":"The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"47":{"id":211874,"text":"Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"48":{"id":211875,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"49":{"id":211876,"text":"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, nonvoting member of the executive committee.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"50":{"id":211877,"text":"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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"51":{"id":211878,"text":"Public notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds vote that an open meeting would be likely to:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"52":{"id":211879,"text":"Relate solely to the Interstate Commission’s internal personnel practices and procedures;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"53":{"id":211880,"text":"Disclose matters specifically exempted from disclosure by federal and state statute;","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"54":{"id":211881,"text":"Disclose trade secrets or commercial or financial information that is privileged or confidential;","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"55":{"id":211882,"text":"Involve accusing a person of a crime or formally censuring a person;","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"G5"},"56":{"id":211883,"text":"Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;","type":"section","prefixes":["G","5"],"prefix":"5","entire_prefix":"G5","prefix_anchor":"G5","level":2,"prior_prefix":"G4","next_prefix":"G6"},"57":{"id":211884,"text":"Disclose investigative records compiled for law-enforcement purposes; or","type":"section","prefixes":["G","6"],"prefix":"6","entire_prefix":"G6","prefix_anchor":"G6","level":2,"prior_prefix":"G5","next_prefix":"G7"},"58":{"id":211885,"text":"Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding.","type":"section","prefixes":["G","7"],"prefix":"7","entire_prefix":"G7","prefix_anchor":"G7","level":2,"prior_prefix":"G6","next_prefix":"H"},"59":{"id":211886,"text":"For a meeting, or portion of a meeting, closed pursuant to the provisions of subsection G, the Interstate Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes, which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G7","next_prefix":"I"},"60":{"id":211887,"text":"The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"61":{"id":211888,"text":"The Interstate Commission shall create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission, any member state, or any local education agency.\n\t\t\tArticle X. Powers and Duties of the Interstate Commission.\n\t\t\tThe Interstate Commission shall have the following powers:","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"A"},"62":{"id":211889,"text":"To provide for dispute resolution among member states.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"J","next_prefix":"B"},"63":{"id":211890,"text":"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 regulations adopted under the Administrative Process Act (§ 2.2-4000 et seq.), and shall be binding in the compact states to the extent and in the manner provided in this compact.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"64":{"id":211891,"text":"To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"65":{"id":211892,"text":"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. Any action to enforce compliance with the compact provisions by the Interstate Commission shall be brought against a member state only.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"66":{"id":211893,"text":"To establish and maintain offices, which shall be located within one or more of the member states.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"67":{"id":211894,"text":"To purchase and maintain insurance and bonds.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"68":{"id":211895,"text":"To borrow, accept, hire, or contract for services of personnel.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"69":{"id":211896,"text":"To establish and appoint committees, including but not limited to an executive committee as required by Article IX, subsection E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"70":{"id":211897,"text":"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.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"71":{"id":211898,"text":"To accept any and all donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of them.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"72":{"id":211899,"text":"To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"73":{"id":211900,"text":"To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"74":{"id":211901,"text":"To establish a budget and make expenditures.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"75":{"id":211902,"text":"To adopt a seal and bylaws governing the management and operation of the Interstate Commission.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"76":{"id":211903,"text":"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.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"P"},"77":{"id":211904,"text":"To coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity.","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O","next_prefix":"Q"},"78":{"id":211905,"text":"To establish uniform standards for the reporting, collecting, and exchanging of data.","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P","next_prefix":"R"},"79":{"id":211906,"text":"To maintain corporate books and records in accordance with the bylaws.","type":"section","prefixes":["R"],"prefix":"R","entire_prefix":"R","prefix_anchor":"R","level":1,"prior_prefix":"Q","next_prefix":"S"},"80":{"id":211907,"text":"To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.","type":"section","prefixes":["S"],"prefix":"S","entire_prefix":"S","prefix_anchor":"S","level":1,"prior_prefix":"R","next_prefix":"T"},"81":{"id":211908,"text":"To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.\n\t\t\tArticle XI. Organization and Operation of the Interstate Commission.","type":"section","prefixes":["T"],"prefix":"T","entire_prefix":"T","prefix_anchor":"T","level":1,"prior_prefix":"S","next_prefix":"A"},"82":{"id":211909,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"T","next_prefix":"A1"},"83":{"id":211910,"text":"Establishing the fiscal year of the Interstate Commission;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"84":{"id":211911,"text":"Establishing an executive committee and such other committees as may be necessary;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"85":{"id":211912,"text":"Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"86":{"id":211913,"text":"Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"87":{"id":211914,"text":"Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"88":{"id":211915,"text":"Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"89":{"id":211916,"text":"Providing “start-up” rules for initial administration of the compact.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"90":{"id":211917,"text":"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 the 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"91":{"id":211918,"text":"Executive Committee, officers, and personnel.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"92":{"id":211919,"text":"The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: (i) managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (ii) overseeing an organizational structure within and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and (iii) planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"93":{"id":211920,"text":"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.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"94":{"id":211921,"text":"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 willful and wanton misconduct of such person.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"95":{"id":211922,"text":"The liability of the Interstate Commission’s executive director and employees or the Interstate Commission representatives, acting within the scope of their 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.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"96":{"id":211923,"text":"The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"97":{"id":211924,"text":"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.\n\t\t\t\tArticle XII. Rulemaking Functions of the Interstate Commission.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"A"},"98":{"id":211925,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"D3","next_prefix":"B"},"99":{"id":211926,"text":"Rulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"100":{"id":211927,"text":"Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"101":{"id":211928,"text":"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.\n\t\t\tArticle XIII. Oversight, Enforcement, and Dispute Resolution.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"A"},"102":{"id":211929,"text":"Oversight.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"D","next_prefix":"A1"},"103":{"id":211930,"text":"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 regulations adopted under the Administrative Process Act (§ 2.2-4000 et seq.);","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"104":{"id":211931,"text":"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 that may affect the powers, responsibilities, or actions of the Interstate Commission; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"105":{"id":211932,"text":"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.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"106":{"id":211933,"text":"Default, technical assistance, suspension, and termination.\n\t\t\tIf 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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"107":{"id":211934,"text":"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;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"108":{"id":211935,"text":"Provide remedial training and specific technical assistance regarding the default;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"109":{"id":211936,"text":"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;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"110":{"id":211937,"text":"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;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"111":{"id":211938,"text":"The state that 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;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"112":{"id":211939,"text":"The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"113":{"id":211940,"text":"The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"114":{"id":211941,"text":"Dispute resolution.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"C1"},"115":{"id":211942,"text":"The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"116":{"id":211943,"text":"The Interstate Commission shall promulgate a rule providing for mediation for disputes as appropriate.\n\t\t\t\tArticle XIV. Financing of the Interstate Commission.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"A"},"117":{"id":211944,"text":"The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C2","next_prefix":"B"},"118":{"id":211945,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"119":{"id":211946,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"120":{"id":211947,"text":"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.\n\t\t\tArticle XV. Member States, Effective Date, and Amendment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"A"},"121":{"id":211948,"text":"Any state is eligible to become a member state.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"D","next_prefix":"B"},"122":{"id":211949,"text":"The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The Governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"123":{"id":211950,"text":"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.\n\t\t\tArticle XVI. Withdrawal and Dissolution.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"A"},"124":{"id":211951,"text":"Withdrawal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C","next_prefix":"A1"},"125":{"id":211952,"text":"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 by repealing the statute that enacted the compact into law.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"126":{"id":211953,"text":"Withdrawal from this compact shall be by the enactment of a statute repealing the same.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"127":{"id":211954,"text":"The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"128":{"id":211955,"text":"The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"129":{"id":211956,"text":"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.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"130":{"id":211957,"text":"Dissolution of compact.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"131":{"id":211958,"text":"This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"132":{"id":211959,"text":"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.\n\t\t\t\tArticle XVII. Severability and Construction.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"A"},"133":{"id":211960,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"B2","next_prefix":"B"},"134":{"id":211961,"text":"The provisions of this compact shall be liberally construed to effectuate its purposes.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"135":{"id":211962,"text":"Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.\n\t\t\tArticle XVIII. Binding Effect of Compact and Other Laws.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"A"},"136":{"id":211963,"text":"Other laws.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C","next_prefix":"A1"},"137":{"id":211964,"text":"Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"138":{"id":211965,"text":"All member states’ laws conflicting with this compact are superseded to the extent of the conflict.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"139":{"id":211966,"text":"Binding effect of the compact.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"140":{"id":211967,"text":"All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"141":{"id":211968,"text":"All agreements between the Interstate Commission and the member states are binding in accordance with their terms.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"142":{"id":211969,"text":"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.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2"}},"ancestry":[{"id":15194,"edition_id":1,"name":"Interstate Compact on Educational Opportunity for Military Children","identifier":"24","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:52:52","date_modified":"2026-06-26 03:52:52","permalink":{"id":183603,"object_type":"structure","relational_id":15194,"identifier":"24","token":"22.1\/24","url":"\/22.1\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57854,"structure_id":15194,"section_number":"22.1-360","catch_line":"Interstate Compact on Educational Opportunity for Military Children","url":"\/22.1-360\/","token":"22.1\/24\/22.1-360","metadata":false},{"id":76243,"structure_id":15194,"section_number":"22.1-361","catch_line":"Virginia Council on the Interstate Compact on Educational Opportunity for Military Children","url":"\/22.1-361\/","token":"22.1\/24\/22.1-361","metadata":false}],"next_section":{"id":76243,"structure_id":15194,"section_number":"22.1-361","catch_line":"Virginia Council on the Interstate Compact on Educational Opportunity for Military Children","url":"\/22.1-361\/","token":"22.1\/24\/22.1-361","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-360\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 187<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2010, chapter 148<\/a>.<\/p>","references":[{"id":81351,"section_number":"22.1-3","catch_line":"Persons to whom public schools shall be free","order_by":null,"url":"\/22.1-3\/"}],"refers_to":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":85416,"section_number":"22.1-277.2","catch_line":"Authority to exclude students under certain circumstances; petition for readmission; alternative education program","order_by":null,"url":"\/22.1-277.2\/"},{"id":86526,"section_number":"22.1-3.1","catch_line":"Birth certificates required upon admission; required notice to the local law-enforcement agency","order_by":null,"url":"\/22.1-3.1\/"},{"id":82615,"section_number":"22.1-3.2","catch_line":"Notice of student's school status required as condition of admission; penalty","order_by":null,"url":"\/22.1-3.2\/"}],"permalink":{"id":183605,"object_type":"law","relational_id":57854,"identifier":"22.1-360","token":"22.1\/24\/22.1-360","url":"\/22.1-360\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-360\/","token":"22.1\/24\/22.1-360","dublin_core":{"Title":"Interstate Compact on Educational Opportunity for Military Children","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-360","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Interstate Compact on Educational Opportunity for Military Children is hereby enacted into law<\/span> and entered into with all jurisdictions<\/span> legally joining therein in the form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tIt is the purpose of this compact to remove barriers to educational success imposed on children of military families<\/span> because of frequent moves and deployment<\/span> of their parents<\/span><\/span> by:<\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Facilitating the timely enrollment of children of military families<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Facilitating the student<\/span> placement process through which children of military families<\/span> are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Facilitating the on-time graduation of children of military families<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Providing for the promulgation and enforcement of administrative rules<\/span> implementing the provisions of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Providing for the uniform collection and sharing of information between and among member states<\/span>, schools, and military families under this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Promoting coordination between this compact and other compacts affecting military children. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Promoting flexibility and cooperation between the educational system, parents<\/span><\/span>, and the student<\/span> in order<\/span> to achieve educational success for the student<\/span>.\n\t\t\tArticle II. Definitions.\n\t\t\tAs used in this compact, unless the context clearly requires a different construction:\n\t\t\t“Active duty<\/span>” 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<\/span> orders<\/span> pursuant to 10 U.S.C. Chapters 1209 and 1211.\n\t\t\t“Children of military families<\/span>” means school-aged children, enrolled in kindergarten through 12th grade, in the household of an active duty<\/span> member.\n\t\t\t“Compact commissioner<\/span>” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact.\n\t\t\t“Deployment<\/span>” means the period one month prior to the service members’ departure from their home station on military orders<\/span> through six months after return to their home station.\n\t\t\t“Educational records<\/span>” means those official records, files, and data directly related to a student<\/span> and maintained by the school or local education agency<\/span>, including but not limited to records encompassing all the material<\/span> kept in the student<\/span>’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.\n\t\t\t“Extracurricular activities<\/span>” means a voluntary activity sponsored by the school or local education agency<\/span> or an organization sanctioned by the local education agency<\/span>. Extracurricular activities<\/span> include but are not limited to preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.\n\t\t\t“Interstate Commission on Educational Opportunity for Military Children<\/span>” means the commission that is created under Article IX of this compact, which is generally referred to as the Interstate Commission.\n\t\t\t“Local education agency<\/span>” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through 12th grade public educational institutions.\n\t\t\t“Member state<\/span>” means a state that has enacted this compact.\n\t\t\t“Military installation<\/span>” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction<\/span> of the Department<\/span> 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.\n\t\t\t“Nonmember state<\/span>” means a state that has not enacted this compact.\n\t\t\t“Receiving state<\/span>” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.\n\t\t\t“Rule<\/span>” 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<\/span> in a member state<\/span> if approved by the legislature of the member state<\/span>.\n\t\t\t“Sending state<\/span>” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.\n\t\t\t“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.\n\t\t\t“Student<\/span>” means the child of a military family for whom the local education agency<\/span> receives public funding and who is formally enrolled in kindergarten through 12th grade.\n\t\t\t“Transition” means: (i) the formal and physical process of transferring from school to school or (ii) the period of time in which a student<\/span> moves from one school in the sending state<\/span> to another school in the receiving state<\/span>.\n\t\t\t“Uniformed services<\/span>” 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.\n\t\t\t“Veteran<\/span>” means a person who served in the active military, naval, or air service and who was discharged or released there from under conditions other than dishonorable.\n\t\t\tArticle III. Applicability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsection B, this compact shall apply to the children of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Active duty<\/span> members of the uniformed services<\/span> as defined in this compact, including members of the National Guard and Reserve on active duty<\/span> orders<\/span> pursuant to 10 U.S.C. §§ 1209 and 1211; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Members or veterans<\/span> of the uniformed services<\/span> who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Members of the uniformed services<\/span> who die on active duty<\/span> or as a result of injuries sustained on active duty<\/span> for a period of one year after death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this compact shall not apply to the children of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Inactive members of the National Guard and Military Reserves; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Members of the uniformed services<\/span> now retired, except as provided in subsection A; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Veterans<\/span> of the uniformed services<\/span>, except as provided in subsection A; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Other U.S. Department<\/span> of Defense personnel and other federal agency civilian and contract<\/span> employees not defined as active duty<\/span> members of the uniformed services<\/span>.\n\t\t\t\tArticle IV. Educational Records<\/span> and Enrollment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Unofficial or “hand-carried” education records. In the event that official education records cannot be released to the parents<\/span><\/span> for the purpose of transfer, the custodian of the records in the sending state<\/span> shall prepare and furnish to the parent<\/span> a complete set of unofficial educational records<\/span> containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state<\/span>, the school shall enroll and appropriately place the student<\/span> based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Official education records\/transcripts<\/span>. Simultaneous with the enrollment and conditional placement of the student<\/span>, the school in the receiving state<\/span> shall request the student<\/span>’s official education records from the school in the sending state<\/span>. Upon receipt of this request, the school in the sending state<\/span> will process and furnish the official education records to the school in the receiving state<\/span> within 10 days or within such time as is reasonably determined under the rules<\/span> promulgated by the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Immunizations. Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules<\/span> promulgated by the Interstate Commission for students<\/span> to obtain any immunization(s) required by the receiving state<\/span>. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules<\/span> promulgated by the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Kindergarten and first grade entrance age. Students<\/span> shall be allowed to continue their enrollment at the grade level in the receiving state<\/span> commensurate with their grade level (including kindergarten) from a local education agency<\/span> in the sending state<\/span> at the time of transition, regardless of minimum age. A student<\/span> who has satisfactorily completed the prerequisite grade level in the local education agency<\/span> in the sending state<\/span> shall be eligible for enrollment in the next highest grade level in the receiving state<\/span>, regardless of minimum age. A student<\/span> transferring after the start of the school year in the receiving state<\/span> shall enter the school in the receiving state<\/span> on their validated level from a local education agency<\/span> in the sending state<\/span>.\n\t\t\tArticle V. Placement and Attendance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Course placement. When the student<\/span> transfers before or during the school year, the receiving state<\/span> school shall initially honor placement of the student<\/span> in educational courses based on the student<\/span>’s enrollment in the sending state<\/span> school and\/or educational assessments conducted at the school in the sending state<\/span> 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<\/span>’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<\/span> from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student<\/span> in the course(s). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Educational program placement. The receiving state<\/span> school shall initially honor placement of the student<\/span> in educational programs based on current educational assessments conducted at the school in the sending state<\/span> or participation\/placement in like programs in the sending state<\/span>. Such programs include, but are not limited to, (i) gifted and talented programs and (ii) English as a second language (ESL) programs. This does not preclude the school in the receiving state<\/span> from performing subsequent evaluations to ensure appropriate placement of the student<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Special education services. In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., the receiving state<\/span> shall initially provide comparable services to a student<\/span> with disabilities based on his or her current Individualized Education Program (IEP) and in compliance with the requirements of § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, and the receiving state<\/span> shall make reasonable accommodations and modifications to address the needs of incoming students<\/span> with disabilities, subject to an existing 504 or Title II Plan, to provide the student<\/span> with equal access to education. This does not preclude the school in the receiving state<\/span> from performing subsequent evaluations to ensure appropriate placement of the student<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Placement flexibility. Local education agency<\/span> administrative officials shall have flexibility in waiving course\/program prerequisites or other preconditions for placement in courses\/programs offered under the jurisdiction<\/span> of the local education agency<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Absence as related to deployment<\/span> activities. A student<\/span> whose parent<\/span> or legal guardian is an active duty<\/span> member of the uniformed services<\/span>, as defined by the compact, and has been called to duty for, is on leave from, or has immediately returned from deployment<\/span> to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency<\/span> superintendent<\/span> to visit with his or her parent<\/span> or legal guardian relative to such leave or deployment<\/span> of the parent<\/span> or guardian.\n\t\t\tArticle VI. Eligibility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Eligibility for enrollment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Children of military families<\/span> shall be eligible for enrollment in the public schools of Virginia provided that the documents required by §§ 22.1-3.1<\/a> and 22.1-3.2<\/a> are provided and subject to the authority of a local education agency<\/span> to exclude such children from attendance pursuant to § 22.1-277.2<\/a> or if such children have been found guilty or adjudicated delinquent for any offense<\/span> listed in subsection G of § 16.1-260<\/a> or any substantially similar offense<\/span> under the laws<\/span> of any state, the District of Columbia, or the United States or its territories; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Special power of attorney<\/span>, relative to the guardianship of a child of a military family, and executed under Title 10, United States Code, § 1044b, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A local education agency<\/span> shall be prohibited from charging local tuition to a military child placed in the care of a noncustodial parent<\/span> or other person standing in loco parentis who lives in a jurisdiction<\/span> other than that of the custodial parent<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A military child, placed in the care of a noncustodial parent<\/span> or other person standing in loco parentis who lives in a jurisdiction<\/span> other than that of the custodial parent<\/span>, may continue to attend the school in which he or she was enrolled while residing with the custodial parent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for military children’s inclusion in extracurricular activities<\/span>, regardless of application deadlines, to the extent they are otherwise qualified.\n\t\t\tArticle VII. Graduation.\n\t\t\tIn order<\/span> to facilitate the on-time graduation of children of military families<\/span>, states and local education agencies shall incorporate the following procedures: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Waiver<\/span> requirements. Local education agency<\/span> administrative officials shall waive<\/span> specific courses required for graduation if similar coursework has been satisfactorily completed in another local education agency<\/span> or shall provide reasonable justification for denial. Should a waiver<\/span> not be granted to a student<\/span> who would qualify to graduate from the sending school, the local education agency<\/span> shall provide an alternative means of acquiring required coursework so that graduation may occur on time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Exit exams. States shall accept: (i) exit or end-of-course exams required for graduation from the sending state<\/span>, (ii) national norm-referenced achievement tests, or (iii) alternative testing acceptable to the receiving state<\/span>, in lieu of testing requirements for graduation in the receiving state<\/span>. In the event the above alternatives cannot be accommodated by the receiving state<\/span>, then the provisions of subsection C of this Article shall apply. Within 12 months of the effective date of this compact, the Interstate Commission shall adopt a rule<\/span> addressing the acceptance of exit exams. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Transfers during senior year. Should a military student<\/span> transferring in his or her senior year be ineligible to graduate from the receiving local education agency<\/span> after all alternatives have been considered, the sending local education agency<\/span>, with the cooperation of the receiving local education agency<\/span>, shall ensure the receipt of a diploma from the sending local education agency<\/span>, if the student<\/span> meets the graduation requirements of the sending local education agency<\/span>. In the event that one of the states in question is not a member of this compact, the member state<\/span> shall use best efforts to facilitate the on-time graduation of the student<\/span> in accordance with subsections A and B of this Article.\n\t\t\tArticle VIII. State Coordination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Each member state<\/span> shall, through the creation of a State Council or use of an existing body or board<\/span>, provide for the coordination among its agencies of government, local education agencies, and military installations<\/span> concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state<\/span> may determine the membership of its own State Council, its membership must include at least: (i) the state superintendent<\/span> of education, (ii) the superintendent<\/span> of a school district with a high concentration of military children, (iii) one representative from a military installation<\/span>, and (iv) 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<\/span> that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent<\/span> from another school district to represent local education agencies on the State Council. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each member state<\/span> shall employ a military family education liaison to assist military families and the state in facilitating the implementation of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Governor of each member state<\/span> shall appoint or designate a compact commissioner<\/span> responsible for the administration and management of the state’s participation in the compact and who is empowered to establish statewide policy related to matters governed by this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The compact commissioner<\/span> and the military family education liaison described herein shall be ex officio members of the State Council, unless either is already a full voting member of the State Council.\n\t\t\tArticle IX. Interstate Commission on Educational Opportunity for Military Children<\/span>.\n\t\t\tThe member states<\/span> hereby create the Interstate Commission on Educational Opportunity for Military Children<\/span>. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Be a body corporate and joint agency of the member states<\/span> 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<\/span> in accordance with the terms of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Consist of one Interstate Commission voting representative from each member state<\/span> who shall be that state’s compact commissioner<\/span> and who is empowered to establish statewide policy related to matters governed by this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each member state<\/span> represented at a meeting of the Interstate Commission is entitled to one vote; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A majority of the total member states<\/span> shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A representative shall not delegate a vote to another member state<\/span>. In the event the compact commissioner<\/span> is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from the state for a specified meeting; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency<\/span> officials, parent<\/span> and teacher groups, the U.S. Department<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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<\/span>, shall call additional meetings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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<\/span>, and other such duties as deemed necessary. The U.S. Department<\/span> of Defense shall serve as an ex officio, nonvoting member of the executive committee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Establish bylaws and rules<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Public notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules<\/span> or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds vote that an open meeting would be likely to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Relate solely to the Interstate Commission’s internal personnel practices and procedures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Disclose matters specifically exempted from disclosure by federal and state statute<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Disclose trade secrets or commercial or financial information that is privileged or confidential; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Involve accusing a person of a crime<\/span> or formally censuring a person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Disclose investigative records compiled for law<\/span>-enforcement purposes; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Specifically relate to the Interstate Commission’s participation in a civil action<\/span> or other legal proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> For a meeting, or portion of a meeting, closed pursuant to the provisions of subsection G, the Interstate Commission’s legal counsel<\/span> or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes, which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families<\/span> under this compact as directed through its rules<\/span>, 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Interstate Commission shall create a process that permits military officials, education officials, and parents<\/span><\/span> to inform the Interstate Commission if and when there are alleged violations of the compact or its rules<\/span> or when issues<\/span> subject to the jurisdiction<\/span> of the compact or its rules<\/span> are not addressed by the state or local education agency<\/span>. This section shall not be construed to create a private right of action against the Interstate Commission, any member state<\/span>, or any local education agency<\/span>.\n\t\t\tArticle X. Powers and Duties of the Interstate Commission.\n\t\t\tThe Interstate Commission shall have the following powers: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> To provide for dispute resolution among member states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To promulgate rules<\/span> and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. The rules<\/span> shall have the force and effect of regulations adopted under the Administrative Process Act (§ 2.2-4000<\/a> et seq.), and shall be binding in the compact states to the extent and in the manner provided in this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To issue<\/span>, upon request of a member state<\/span>, advisory opinions<\/span> concerning the meaning or interpretation of the interstate compact, its bylaws, rules<\/span>, and actions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> To enforce compliance with the compact provisions, the rules<\/span> promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process. Any action to enforce compliance with the compact provisions by the Interstate Commission shall be brought against a member state<\/span> only. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> To establish and maintain offices, which shall be located within one or more of the member states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> To purchase and maintain insurance and bonds<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> To borrow, accept, hire, or contract<\/span> for services of personnel. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> To establish and appoint committees, including but not limited to an executive committee as required by Article IX, subsection E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> To accept any and all donations and grants of money, equipment, supplies, materials<\/span>, and services and to receive, utilize, and dispose of them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> To establish a budget and make expenditures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> To adopt a seal and bylaws governing the management and operation of the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> To report annually to the legislatures, governors, judiciary, and state councils of the member states<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> To coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents<\/span><\/span> involved in such activity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> To establish uniform standards for the reporting, collecting, and exchanging of data. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

R.<\/span> To maintain corporate books and records in accordance with the bylaws. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

S.<\/span> To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

T.<\/span> To provide for the uniform collection and sharing of information between and among member states<\/span>, schools, and military families under this compact.\n\t\t\tArticle XI. Organization and Operation of the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Establishing the fiscal year of the Interstate Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establishing an executive committee and such other committees as may be necessary; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Providing “start-up” rules<\/span> for initial administration of the compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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 the 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Executive Committee, officers, and personnel. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: (i) managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (ii) overseeing an organizational structure within and appropriate procedures for the Interstate Commission to provide for the creation of rules<\/span>, operating procedures, and administrative and technical support functions; and (iii) planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order<\/span> to advance the goals of the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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 willful and wanton misconduct of such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The liability of the Interstate Commission’s executive director and employees or the Interstate Commission representatives, acting within the scope of their 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<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General<\/span> or other appropriate legal counsel<\/span> of the member state<\/span> represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action<\/span> 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<\/span> had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To the extent not covered by the state involved, member state<\/span>, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement<\/span> or judgment<\/span>, 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.\n\t\t\t\tArticle XII. Rulemaking Functions of the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Rulemaking authority. The Interstate Commission shall promulgate reasonable rules<\/span> in order<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Rulemaking procedure. Rules<\/span> shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws<\/span> Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Not later than 30 days after a rule<\/span> is promulgated, any person may file a petition<\/span> for judicial review of the rule<\/span> provided that the filing of such a petition<\/span> shall not stay<\/span> or otherwise prevent the rule<\/span> from becoming effective unless the court<\/span> finds that the petitioner has a substantial likelihood of success. The court<\/span> shall give deference to the actions of the Interstate Commission consistent with applicable law<\/span> and shall not find the rule<\/span> to be unlawful if the rule<\/span> represents a reasonable exercise of the Interstate Commission’s authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a majority of the legislatures of the compacting states rejects a rule<\/span> by enactment of a statute<\/span> or resolution in the same manner used to adopt the compact, then such rule<\/span> shall have no further force and effect in any compacting state.\n\t\t\tArticle XIII. Oversight, Enforcement, and Dispute Resolution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Oversight. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The executive, legislative, and judicial branches of state government in each member state<\/span> shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent<\/span>. The provisions of this compact and the rules<\/span> promulgated hereunder shall have standing as regulations adopted under the Administrative Process Act (§ 2.2-4000<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All courts<\/span> shall take judicial notice of the compact and the rules<\/span> in any judicial or administrative proceeding in a member state<\/span> pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the Interstate Commission; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Interstate Commission shall be entitled to receive all service of process<\/span> in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process<\/span> to the Interstate Commission shall render a judgment<\/span> or order<\/span> void as to the Interstate Commission, this compact, or promulgated rules<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Default<\/span>, technical assistance, suspension, and termination.\n\t\t\tIf the Interstate Commission determines that a member state<\/span> has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules<\/span>, the Interstate Commission shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide written notice to the defaulting state and other member states<\/span> of the nature of the default<\/span>, the means of curing the default<\/span>, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide remedial training and specific technical assistance regarding the default<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the defaulting state fails to cure the default<\/span>, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states<\/span>, and all rights, privileges<\/span>, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default<\/span> does not relieve the offending state of obligations or liabilities incurred during the period of the default<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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<\/span> 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<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The state that 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Interstate Commission shall not bear any costs relating to any state that has been found to be in default<\/span> or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The defaulting state may appeal<\/span> the action of the Interstate Commission by petitioning the United States District Court<\/span> for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party<\/span> shall be awarded all costs of such litigation<\/span> including reasonable attorney’s fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Dispute resolution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Interstate Commission shall attempt, upon the request of a member state<\/span>, to resolve disputes that are subject to the compact and that may arise among member states<\/span> and between member and nonmember states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Interstate Commission shall promulgate a rule<\/span> providing for mediation for disputes as appropriate.\n\t\t\t\tArticle XIV. Financing of the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Interstate Commission may levy<\/span> on and collect an annual assessment from each member state<\/span> 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<\/span> binding upon all member states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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<\/span>, except by and with the authority of the member state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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.\n\t\t\tArticle XV. Member States<\/span>, Effective Date, and Amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Any state is eligible to become a member state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The compact shall become effective and binding upon legislative enactment of the compact into law<\/span> by no less than 10 of the states. Thereafter it shall become effective and binding as to any other member state<\/span> upon enactment of the compact into law<\/span> by that state. The Governors of nonmember states<\/span> or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Interstate Commission may propose amendments to the compact for enactment by the member states<\/span>. No amendment shall become effective and binding upon the Interstate Commission and the member states<\/span> unless and until it is enacted into law<\/span> by unanimous consent of the member states<\/span>.\n\t\t\tArticle XVI. Withdrawal and Dissolution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Once effective, the compact shall continue in force and remain binding upon each and every member state<\/span>, provided that a member state<\/span> may withdraw from the compact specifically by repealing the statute<\/span> that enacted the compact into law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Withdrawal from this compact shall be by the enactment of a statute<\/span> repealing the same. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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<\/span> of the withdrawing state’s intent<\/span> to withdraw within 60 days of its receipt thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Reinstatement following withdrawal of a member state<\/span> shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Dissolution of compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> This compact shall dissolve effective upon the date of the withdrawal or default<\/span> of the member state<\/span> that reduces the membership in the compact to one member state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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.\n\t\t\t\tArticle XVII. Severability and Construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this compact shall be liberally construed to effectuate its purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.\n\t\t\tArticle XVIII. Binding Effect of Compact and Other Laws<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Other laws<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Nothing herein prevents the enforcement of any other law<\/span> of a member state<\/span> that is not inconsistent with this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All member states<\/span>’ laws<\/span> conflicting with this compact are superseded to the extent of the conflict. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Binding effect of the compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All lawful actions of the Interstate Commission, including all rules<\/span> and bylaws promulgated by the Interstate Commission, are binding upon the member states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All agreements between the Interstate Commission and the member states<\/span> are binding in accordance with their terms. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state<\/span>, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN (\u00a7\n22.1-360)\n\nThe Interstate Compact on Educational Opportunity for Military Children is\nhereby enacted into law and entered into with all jurisdictions legally joining\ntherein in the form substantially as follows:\n\t\tArticle I. Purpose.\n\t\tIt is the purpose of this compact to remove barriers to educational success\nimposed on children of military families because of frequent moves and\ndeployment of their parents by:\n\nA. Facilitating the timely enrollment of children of military families and\nensuring that they are not placed at a disadvantage due to difficulty in the\ntransfer of education records from the previous school district(s) or variations\nin entrance\/age requirements.\n\nB. Facilitating the student placement process through which children of military\nfamilies are not disadvantaged by variations in attendance requirements,\nscheduling, sequencing, grading, course content, or assessment.\n\nC. Facilitating the qualification and eligibility for enrollment, educational\nprograms, and participation in extracurricular academic, athletic, and social\nactivities.\n\nD. Facilitating the on-time graduation of children of military families.\n\nE. Providing for the promulgation and enforcement of administrative rules\nimplementing the provisions of this compact.\n\nF. Providing for the uniform collection and sharing of information between and\namong member states, schools, and military families under this compact.\n\nG. Promoting coordination between this compact and other compacts affecting\nmilitary children.\n\nH. Promoting flexibility and cooperation between the educational system,\nparents, and the student in order to achieve educational success for the\nstudent.\n\t\t\tArticle II. Definitions.\n\t\t\tAs used in this compact, unless the context clearly requires a different\nconstruction:\n\t\t\t“Active duty” means full-time duty status in the active uniformed\nservice of the United States, including members of the National Guard and\nReserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.\n\t\t\t“Children of military families” means school-aged children,\nenrolled in kindergarten through 12th grade, in the household of an active duty\nmember.\n\t\t\t“Compact commissioner” means the voting representative of each\ncompacting state appointed pursuant to Article VIII of this compact.\n\t\t\t“Deployment” means the period one month prior to the service\nmembers’ departure from their home station on military orders through six\nmonths after return to their home station.\n\t\t\t“Educational records” means those official records, files, and\ndata directly related to a student and maintained by the school or local\neducation agency, including but not limited to records encompassing all the\nmaterial kept in the student’s cumulative folder such as general\nidentifying data, records of attendance and of academic work completed, records\nof achievement and results of evaluative tests, health data, disciplinary\nstatus, test protocols, and individualized education programs.\n\t\t\t“Extracurricular activities” means a voluntary activity sponsored\nby the school or local education agency or an organization sanctioned by the\nlocal education agency. Extracurricular activities include but are not limited\nto preparation for and involvement in public performances, contests, athletic\ncompetitions, demonstrations, displays, and club activities.\n\t\t\t“Interstate Commission on Educational Opportunity for Military\nChildren” means the commission that is created under Article IX of this\ncompact, which is generally referred to as the Interstate Commission.\n\t\t\t“Local education agency” means a public authority legally\nconstituted by the state as an administrative agency to provide control of and\ndirection for kindergarten through 12th grade public educational institutions.\n\t\t\t“Member state” means a state that has enacted this compact.\n\t\t\t“Military installation” means a base, camp, post, station, yard,\ncenter, homeport facility for any ship, or other activity under the jurisdiction\nof the Department of Defense, including any leased facility, which is located\nwithin any of the several states, the District of Columbia, the Commonwealth of\nPuerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern\nMarianas Islands, and any other U.S. territory. Such term does not include any\nfacility used primarily for civil works, rivers and harbors projects, or flood\ncontrol projects.\n\t\t\t“Nonmember state” means a state that has not enacted this\ncompact.\n\t\t\t“Receiving state” means the state to which a child of a military\nfamily is sent, brought, or caused to be sent or brought.\n\t\t\t“Rule” means a written statement by the Interstate Commission\npromulgated pursuant to Article XII of this compact that is of general\napplicability; implements, interprets, or prescribes a policy or provision of\nthe compact, or an organizational, procedural, or practice requirement of the\nInterstate Commission and has the force and effect of statutory law in a member\nstate if approved by the legislature of the member state.\n\t\t\t“Sending state” means the state from which a child of a military\nfamily is sent, brought, or caused to be sent or brought.\n\t\t\t“State” means a state of the United States, the District of\nColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,\nAmerican Samoa, the Northern Marianas Islands, and any other U.S. territory.\n\t\t\t“Student” means the child of a military family for whom the local\neducation agency receives public funding and who is formally enrolled in\nkindergarten through 12th grade.\n\t\t\t“Transition” means: (i) the formal and physical process of\ntransferring from school to school or (ii) the period of time in which a student\nmoves from one school in the sending state to another school in the receiving\nstate.\n\t\t\t“Uniformed services” means the Army, Navy, Air Force, Marine\nCorps, Coast Guard, as well as the Commissioned Corps of the National Oceanic\nand Atmospheric Administration, and Public Health Services.\n\t\t\t“Veteran” means a person who served in the active military,\nnaval, or air service and who was discharged or released there from under\nconditions other than dishonorable.\n\t\t\tArticle III. Applicability.\n\nA. Except as otherwise provided in subsection B, this compact shall apply to the\nchildren of:\n\n 1. Active duty members of the uniformed services as defined in this compact,\n including members of the National Guard and Reserve on active duty orders\n pursuant to 10 U.S.C. §§ 1209 and 1211;\n\n 2. Members or veterans of the uniformed services who are severely injured and\n medically discharged or retired for a period of one year after medical\n discharge or retirement; and\n\n 3. Members of the uniformed services who die on active duty or as a result of\n injuries sustained on active duty for a period of one year after death.\n\nB. The provisions of this interstate compact shall only apply to local education\nagencies as defined in this compact.\n\nC. The provisions of this compact shall not apply to the children of:\n\n 1. Inactive members of the National Guard and Military Reserves;\n\n 2. Members of the uniformed services now retired, except as provided in\n subsection A;\n\n 3. Veterans of the uniformed services, except as provided in subsection A; and\n\n 4. Other U.S. Department of Defense personnel and other federal agency\n civilian and contract employees not defined as active duty members of the\n uniformed services.\n \t\t\t\tArticle IV. Educational Records and Enrollment.\n\nA. Unofficial or “hand-carried” education records. In the event that\nofficial education records cannot be released to the parents for the purpose of\ntransfer, the custodian of the records in the sending state shall prepare and\nfurnish to the parent a complete set of unofficial educational records\ncontaining uniform information as determined by the Interstate Commission. Upon\nreceipt of the unofficial education records by a school in the receiving state,\nthe school shall enroll and appropriately place the student based on the\ninformation provided in the unofficial records pending validation by the\nofficial records, as quickly as possible.\n\nB. Official education records\/transcripts. Simultaneous with the enrollment and\nconditional placement of the student, the school in the receiving state shall\nrequest the student’s official education records from the school in the\nsending state. Upon receipt of this request, the school in the sending state\nwill process and furnish the official education records to the school in the\nreceiving state within 10 days or within such time as is reasonably determined\nunder the rules promulgated by the Interstate Commission.\n\nC. Immunizations. Compacting states shall give 30 days from the date of\nenrollment or within such time as is reasonably determined under the rules\npromulgated by the Interstate Commission for students to obtain any\nimmunization(s) required by the receiving state. For a series of immunizations,\ninitial vaccinations must be obtained within 30 days or within such time as is\nreasonably determined under the rules promulgated by the Interstate Commission.\n\nD. Kindergarten and first grade entrance age. Students shall be allowed to\ncontinue their enrollment at the grade level in the receiving state commensurate\nwith their grade level (including kindergarten) from a local education agency in\nthe sending state at the time of transition, regardless of minimum age. A\nstudent who has satisfactorily completed the prerequisite grade level in the\nlocal education agency in the sending state shall be eligible for enrollment in\nthe next highest grade level in the receiving state, regardless of minimum age.\nA student transferring after the start of the school year in the receiving state\nshall enter the school in the receiving state on their validated level from a\nlocal education agency in the sending state.\n\t\t\tArticle V. Placement and Attendance.\n\nA. Course placement. When the student transfers before or during the school\nyear, the receiving state school shall initially honor placement of the student\nin educational courses based on the student’s enrollment in the sending\nstate school and\/or educational assessments conducted at the school in the\nsending state if the courses are offered. Course placement includes, but is not\nlimited to, honors, International Baccalaureate, advanced placement, vocational,\ntechnical, and career pathways courses. Continuing the student’s academic\nprogram from the previous school and promoting placement in academically and\ncareer challenging courses should be paramount when considering placement. This\ndoes not preclude the school in the receiving state from performing subsequent\nevaluations to ensure appropriate placement and continued enrollment of the\nstudent in the course(s).\n\nB. Educational program placement. The receiving state school shall initially\nhonor placement of the student in educational programs based on current\neducational assessments conducted at the school in the sending state or\nparticipation\/placement in like programs in the sending state. Such programs\ninclude, but are not limited to, (i) gifted and talented programs and (ii)\nEnglish as a second language (ESL) programs. This does not preclude the school\nin the receiving state from performing subsequent evaluations to ensure\nappropriate placement of the student.\n\nC. Special education services. In compliance with the federal requirements of\nthe Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et\nseq., the receiving state shall initially provide comparable services to a\nstudent with disabilities based on his or her current Individualized Education\nProgram (IEP) and in compliance with the requirements of § 504 of the\nRehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans\nwith Disabilities Act, 42 U.S.C. §§ 12131-12165, and the receiving\nstate shall make reasonable accommodations and modifications to address the\nneeds of incoming students with disabilities, subject to an existing 504 or\nTitle II Plan, to provide the student with equal access to education. This does\nnot preclude the school in the receiving state from performing subsequent\nevaluations to ensure appropriate placement of the student.\n\nD. Placement flexibility. Local education agency administrative officials shall\nhave flexibility in waiving course\/program prerequisites or other preconditions\nfor placement in courses\/programs offered under the jurisdiction of the local\neducation agency.\n\nE. Absence as related to deployment activities. A student whose parent or legal\nguardian is an active duty member of the uniformed services, as defined by the\ncompact, and has been called to duty for, is on leave from, or has immediately\nreturned from deployment to a combat zone or combat support posting, shall be\ngranted additional excused absences at the discretion of the local education\nagency superintendent to visit with his or her parent or legal guardian relative\nto such leave or deployment of the parent or guardian.\n\t\t\tArticle VI. Eligibility.\n\nA. Eligibility for enrollment.\n\n 1. Children of military families shall be eligible for enrollment in the\n public schools of Virginia provided that the documents required by\n §§ 22.1-3.1 and 22.1-3.2 are provided and subject to the authority\n of a local education agency to exclude such children from attendance pursuant\n to § 22.1-277.2 or if such children have been found guilty or adjudicated\n delinquent for any offense listed in subsection G of § 16.1-260 or any\n substantially similar offense under the laws of any state, the District of\n Columbia, or the United States or its territories;\n\n 2. Special power of attorney, relative to the guardianship of a child of a\n military family, and executed under Title 10, United States Code, §\n 1044b, shall be sufficient for the purposes of enrollment and all other\n actions requiring parental participation and consent;\n\n 3. A local education agency shall be prohibited from charging local tuition to\n a military child placed in the care of a noncustodial parent or other person\n standing in loco parentis who lives in a jurisdiction other than that of the\n custodial parent; and\n\n 4. A military child, placed in the care of a noncustodial parent or other\n person standing in loco parentis who lives in a jurisdiction other than that\n of the custodial parent, may continue to attend the school in which he or she\n was enrolled while residing with the custodial parent.\n\nB. Eligibility for extracurricular participation. State and local education\nagencies shall facilitate the opportunity for military children’s\ninclusion in extracurricular activities, regardless of application deadlines, to\nthe extent they are otherwise qualified.\n\t\t\tArticle VII. Graduation.\n\t\t\tIn order to facilitate the on-time graduation of children of military\nfamilies, states and local education agencies shall incorporate the following\nprocedures:\n\nA. Waiver requirements. Local education agency administrative officials shall\nwaive specific courses required for graduation if similar coursework has been\nsatisfactorily completed in another local education agency or shall provide\nreasonable justification for denial. Should a waiver not be granted to a student\nwho would qualify to graduate from the sending school, the local education\nagency shall provide an alternative means of acquiring required coursework so\nthat graduation may occur on time.\n\nB. Exit exams. States shall accept: (i) exit or end-of-course exams required for\ngraduation from the sending state, (ii) national norm-referenced achievement\ntests, or (iii) alternative testing acceptable to the receiving state, in lieu\nof testing requirements for graduation in the receiving state. In the event the\nabove alternatives cannot be accommodated by the receiving state, then the\nprovisions of subsection C of this Article shall apply. Within 12 months of the\neffective date of this compact, the Interstate Commission shall adopt a rule\naddressing the acceptance of exit exams.\n\nC. Transfers during senior year. Should a military student transferring in his\nor her senior year be ineligible to graduate from the receiving local education\nagency after all alternatives have been considered, the sending local education\nagency, with the cooperation of the receiving local education agency, shall\nensure the receipt of a diploma from the sending local education agency, if the\nstudent meets the graduation requirements of the sending local education agency.\nIn the event that one of the states in question is not a member of this compact,\nthe member state shall use best efforts to facilitate the on-time graduation of\nthe student in accordance with subsections A and B of this Article.\n\t\t\tArticle VIII. State Coordination.\n\nA. Each member state shall, through the creation of a State Council or use of an\nexisting body or board, provide for the coordination among its agencies of\ngovernment, local education agencies, and military installations concerning the\nstate’s participation in, and compliance with, this compact and Interstate\nCommission activities. While each member state may determine the membership of\nits own State Council, its membership must include at least: (i) the state\nsuperintendent of education, (ii) the superintendent of a school district with a\nhigh concentration of military children, (iii) one representative from a\nmilitary installation, and (iv) one representative each from the legislative and\nexecutive branches of government, and other offices and stakeholder groups the\nState Council deems appropriate. A member state that does not have a school\ndistrict deemed to contain a high concentration of military children may appoint\na superintendent from another school district to represent local education\nagencies on the State Council.\n\nB. Each member state shall employ a military family education liaison to assist\nmilitary families and the state in facilitating the implementation of this\ncompact.\n\nC. The Governor of each member state shall appoint or designate a compact\ncommissioner responsible for the administration and management of the\nstate’s participation in the compact and who is empowered to establish\nstatewide policy related to matters governed by this compact.\n\nD. The compact commissioner and the military family education liaison described\nherein shall be ex officio members of the State Council, unless either is\nalready a full voting member of the State Council.\n\t\t\tArticle IX. Interstate Commission on Educational Opportunity for Military\nChildren.\n\t\t\tThe member states hereby create the Interstate Commission on Educational\nOpportunity for Military Children. The activities of the Interstate Commission\nare the formation of public policy and are a discretionary state function. The\nInterstate Commission shall:\n\nA. Be a body corporate and joint agency of the member states and shall have all\nthe responsibilities, powers, and duties set forth herein and such additional\npowers as may be conferred upon it by a subsequent concurrent action of the\nrespective legislatures of the member states in accordance with the terms of\nthis compact.\n\nB. Consist of one Interstate Commission voting representative from each member\nstate who shall be that state’s compact commissioner and who is empowered\nto establish statewide policy related to matters governed by this compact.\n\n 1. Each member state represented at a meeting of the Interstate Commission is\n entitled to one vote;\n\n 2. A majority of the total member states shall constitute a quorum for the\n transaction of business, unless a larger quorum is required by the bylaws of\n the Interstate Commission;\n\n 3. A representative shall not delegate a vote to another member state. In the\n event the compact commissioner is unable to attend a meeting of the Interstate\n Commission, the Governor or State Council may delegate voting authority to\n another person from the state for a specified meeting; and\n\n 4. The bylaws may provide for meetings of the Interstate Commission to be\n conducted by telecommunication or electronic communication.\n\nC. Consist of ex officio, nonvoting representatives who are members of\ninterested organizations. Such ex officio members, as defined in the bylaws, may\ninclude, but not be limited to, members of the representative organizations of\nmilitary family advocates, local education agency officials, parent and teacher\ngroups, the U.S. Department of Defense, the Education Commission of the States,\nthe Interstate Agreement on the Qualification of Educational Personnel, and\nother interstate compacts affecting the education of children of military\nmembers.\n\nD. Meet at least once each calendar year. The chairperson may call additional\nmeetings and, upon the request of a simple majority of the member states, shall\ncall additional meetings.\n\nE. Establish an executive committee, whose members shall include the officers of\nthe Interstate Commission and such other members of the Interstate Commission as\ndetermined by the bylaws. Members of the executive committee shall serve a\none-year term. Members of the executive committee shall be entitled to one vote\neach. The executive committee shall have the power to act on behalf of the\nInterstate Commission, with the exception of rulemaking, during periods when the\nInterstate Commission is not in session. The executive committee shall oversee\nthe day-to-day activities of the administration of the compact, including\nenforcement and compliance with the provisions of the compact, its bylaws and\nrules, and other such duties as deemed necessary. The U.S. Department of Defense\nshall serve as an ex officio, nonvoting member of the executive committee.\n\nF. Establish bylaws and rules that provide for conditions and procedures under\nwhich the Interstate Commission shall make its information and official records\navailable to the public for inspection or copying. The Interstate Commission may\nexempt from disclosure information or official records to the extent they would\nadversely affect personal privacy rights or proprietary interests.\n\nG. Public notice shall be given by the Interstate Commission of all meetings,\nand all meetings shall be open to the public, except as set forth in the rules\nor as otherwise provided in the compact. The Interstate Commission and its\ncommittees may close a meeting, or portion thereof, when it determines by\ntwo-thirds vote that an open meeting would be likely to:\n\n 1. Relate solely to the Interstate Commission’s internal personnel\n practices and procedures;\n\n 2. Disclose matters specifically exempted from disclosure by federal and state\n statute;\n\n 3. Disclose trade secrets or commercial or financial information that is\n privileged or confidential;\n\n 4. Involve accusing a person of a crime or formally censuring a person;\n\n 5. Disclose information of a personal nature where disclosure would constitute\n a clearly unwarranted invasion of personal privacy;\n\n 6. Disclose investigative records compiled for law-enforcement purposes; or\n\n 7. Specifically relate to the Interstate Commission’s participation in a\n civil action or other legal proceeding.\n\nH. For a meeting, or portion of a meeting, closed pursuant to the provisions of\nsubsection G, the Interstate Commission’s legal counsel or designee shall\ncertify that the meeting may be closed and shall reference each relevant\nexemptible provision. The Interstate Commission shall keep minutes, which shall\nfully and clearly describe all matters discussed in a meeting and shall provide\na full and accurate summary of actions taken, and the reasons therefore,\nincluding a description of the views expressed and the record of a roll call\nvote. All documents considered in connection with an action shall be identified\nin such minutes. All minutes and documents of a closed meeting shall remain\nunder seal, subject to release by a majority vote of the Interstate Commission.\n\nI. The Interstate Commission shall collect standardized data concerning the\neducational transition of the children of military families under this compact\nas directed through its rules, which shall specify the data to be collected, the\nmeans of collection and data exchange, and reporting requirements. Such methods\nof data collection, exchange, and reporting shall, in so far as is reasonably\npossible, conform to current technology and coordinate its information functions\nwith the appropriate custodian of records as identified in the bylaws and rules.\n\nJ. The Interstate Commission shall create a process that permits military\nofficials, education officials, and parents to inform the Interstate Commission\nif and when there are alleged violations of the compact or its rules or when\nissues subject to the jurisdiction of the compact or its rules are not addressed\nby the state or local education agency. This section shall not be construed to\ncreate a private right of action against the Interstate Commission, any member\nstate, or any local education agency.\n\t\t\tArticle X. Powers and Duties of the Interstate Commission.\n\t\t\tThe Interstate Commission shall have the following powers:\n\nA. To provide for dispute resolution among member states.\n\nB. To promulgate rules and take all necessary actions to effect the goals,\npurposes, and obligations as enumerated in this compact. The rules shall have\nthe force and effect of regulations adopted under the Administrative Process Act\n(§ 2.2-4000 et seq.), and shall be binding in the compact states to the\nextent and in the manner provided in this compact.\n\nC. To issue, upon request of a member state, advisory opinions concerning the\nmeaning or interpretation of the interstate compact, its bylaws, rules, and\nactions.\n\nD. To enforce compliance with the compact provisions, the rules promulgated by\nthe Interstate Commission, and the bylaws, using all necessary and proper means,\nincluding but not limited to the use of judicial process. Any action to enforce\ncompliance with the compact provisions by the Interstate Commission shall be\nbrought against a member state only.\n\nE. To establish and maintain offices, which shall be located within one or more\nof the member states.\n\nF. To purchase and maintain insurance and bonds.\n\nG. To borrow, accept, hire, or contract for services of personnel.\n\nH. To establish and appoint committees, including but not limited to an\nexecutive committee as required by Article IX, subsection E, which shall have\nthe power to act on behalf of the Interstate Commission in carrying out its\npowers and duties hereunder.\n\nI. To elect or appoint such officers, attorneys, employees, agents, or\nconsultants, and to fix their compensation, define their duties, and determine\ntheir qualifications and to establish the Interstate Commission’s\npersonnel policies and programs relating to conflicts of interest, rates of\ncompensation, and qualifications of personnel.\n\nJ. To accept any and all donations and grants of money, equipment, supplies,\nmaterials, and services and to receive, utilize, and dispose of them.\n\nK. To lease, purchase, accept contributions or donations of, or otherwise to\nown, hold, improve, or use any property, real, personal, or mixed.\n\nL. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any property, real, personal, or mixed.\n\nM. To establish a budget and make expenditures.\n\nN. To adopt a seal and bylaws governing the management and operation of the\nInterstate Commission.\n\nO. To report annually to the legislatures, governors, judiciary, and state\ncouncils of the member states concerning the activities of the Interstate\nCommission during the preceding year. Such reports shall also include any\nrecommendations that may have been adopted by the Interstate Commission.\n\nP. To coordinate education, training, and public awareness regarding the\ncompact, its implementation, and operation for officials and parents involved in\nsuch activity.\n\nQ. To establish uniform standards for the reporting, collecting, and exchanging\nof data.\n\nR. To maintain corporate books and records in accordance with the bylaws.\n\nS. To perform such functions as may be necessary or appropriate to achieve the\npurposes of this compact.\n\nT. To provide for the uniform collection and sharing of information between and\namong member states, schools, and military families under this compact.\n\t\t\tArticle XI. Organization and Operation of the Interstate Commission.\n\nA. The Interstate Commission shall, by a majority of the members present and\nvoting, within 12 months after the first Interstate Commission meeting, adopt\nbylaws to govern its conduct as may be necessary or appropriate to carry out the\npurposes of the compact, including but not limited to:\n\n 1. Establishing the fiscal year of the Interstate Commission;\n\n 2. Establishing an executive committee and such other committees as may be\n necessary;\n\n 3. Providing for the establishment of committees and for governing any general\n or specific delegation of authority or function of the Interstate Commission;\n\n 4. Providing reasonable procedures for calling and conducting meetings of the\n Interstate Commission and ensuring reasonable notice of each such meeting;\n\n 5. Establishing the titles and responsibilities of the officers and staff of\n the Interstate Commission;\n\n 6. Providing a mechanism for concluding the operations of the Interstate\n Commission and the return of surplus funds that may exist upon the termination\n of the compact after the payment and reserving of all of its debts and\n obligations; and\n\n 7. Providing “start-up” rules for initial administration of the\n compact.\n\nB. The Interstate Commission shall, by a majority of the members, elect annually\nfrom among its members a chairperson, a vice-chairperson, and a treasurer, each\nof whom shall have the authority and duties as may be specified in the bylaws.\nThe chairperson or, in the chairperson’s absence or disability, the\nvice-chairperson, shall preside at all meetings of the Interstate Commission.\nThe officers so elected shall serve without compensation or remuneration from\nthe Interstate Commission provided that, subject to the availability of budgeted\nfunds, the officers shall be reimbursed for ordinary and necessary costs and\nexpenses incurred by them in the performance of their responsibilities as\nofficers of the Interstate Commission.\n\nC. Executive Committee, officers, and personnel.\n\n 1. The executive committee shall have such authority and duties as may be set\n forth in the bylaws, including but not limited to: (i) managing the affairs of\n the Interstate Commission in a manner consistent with the bylaws and purposes\n of the Interstate Commission; (ii) overseeing an organizational structure\n within and appropriate procedures for the Interstate Commission to provide for\n the creation of rules, operating procedures, and administrative and technical\n support functions; and (iii) planning, implementing, and coordinating\n communications and activities with other state, federal, and local government\n organizations in order to advance the goals of the Interstate Commission.\n\n 2. The executive committee may, subject to the approval of the Interstate\n Commission, appoint or retain an executive director for such period, upon such\n terms and conditions, and for such compensation as the Interstate Commission\n may deem appropriate. The executive director shall serve as secretary to the\n Interstate Commission, but shall not be a member of the Interstate Commission.\n The executive director shall hire and supervise such other persons as may be\n authorized by the Interstate Commission.\n\nD. The Interstate Commission’s executive director and its employees shall\nbe immune from suit and liability, either personally or in their official\ncapacity, for a claim for damage to or loss of property or personal injury or\nother civil liability caused or arising out of or relating to an actual or\nalleged act, error, or omission that occurred, or that such person had a\nreasonable basis for believing occurred, within the scope of Interstate\nCommission employment, duties, or responsibilities, provided that such person\nshall not be protected from suit or liability for damage, loss, injury, or\nliability caused by the intentional or willful and wanton misconduct of such\nperson.\n\n 1. The liability of the Interstate Commission’s executive director and\n employees or the Interstate Commission representatives, acting within the\n scope of their employment or duties for acts, errors, or omissions occurring\n within such person’s state, may not exceed the limits of liability set\n forth under the constitution and laws of that state for state officials,\n employees, and agents. The Interstate Commission is considered to be an\n instrumentality of the states for the purposes of any such action. Nothing in\n this subsection shall be construed to protect such person from suit or\n liability for damage, loss, injury, or liability caused by the intentional or\n willful and wanton misconduct of such person.\n\n 2. The Interstate Commission shall defend the executive director and its\n employees and, subject to the approval of the Attorney General or other\n appropriate legal counsel of the member state represented by an Interstate\n Commission representative, shall defend such Interstate Commission\n representative in any civil action seeking to impose liability arising out of\n an actual or alleged act, error, or omission that occurred within the scope of\n Interstate Commission employment, duties, or responsibilities, or that the\n defendant had a reasonable basis for believing occurred within the scope of\n Interstate Commission employment, duties, or responsibilities provided that\n the actual or alleged act, error, or omission did not result from intentional\n or willful and wanton misconduct on the part of such person.\n\n 3. To the extent not covered by the state involved, member state, or the\n Interstate Commission, the representatives or employees of the Interstate\n Commission shall be held harmless in the amount of a settlement or judgment,\n including attorney’s fees and costs, obtained against such persons\n arising out of an actual or alleged act, error, or omission that occurred\n within the scope of Interstate Commission employment, duties, or\n responsibilities, or that such persons had a reasonable basis for believing\n occurred within the scope of Interstate Commission employment, duties, or\n responsibilities, provided that the actual or alleged act, error, or omission\n did not result from intentional or willful and wanton misconduct on the part\n of such persons.\n \t\t\t\tArticle XII. Rulemaking Functions of the Interstate Commission.\n\nA. Rulemaking authority. The Interstate Commission shall promulgate reasonable\nrules in order to effectively and efficiently achieve the purposes of this\ncompact. Notwithstanding the foregoing, in the event the Interstate Commission\nexercises its rulemaking authority in a manner that is beyond the scope of the\npurposes of this Act, or the powers granted hereunder, then such an action by\nthe Interstate Commission shall be invalid and have no force or effect.\n\nB. Rulemaking procedure. Rules shall be made pursuant to a rulemaking process\nthat substantially conforms to the “Model State Administrative Procedure\nAct,” of 1981, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as\nmay be appropriate to the operations of the Interstate Commission.\n\nC. Not later than 30 days after a rule is promulgated, any person may file a\npetition for judicial review of the rule provided that the filing of such a\npetition shall not stay or otherwise prevent the rule from becoming effective\nunless the court finds that the petitioner has a substantial likelihood of\nsuccess. The court shall give deference to the actions of the Interstate\nCommission consistent with applicable law and shall not find the rule to be\nunlawful if the rule represents a reasonable exercise of the Interstate\nCommission’s authority.\n\nD. If a majority of the legislatures of the compacting states rejects a rule by\nenactment of a statute or resolution in the same manner used to adopt the\ncompact, then such rule shall have no further force and effect in any compacting\nstate.\n\t\t\tArticle XIII. Oversight, Enforcement, and Dispute Resolution.\n\nA. Oversight.\n\n 1. The executive, legislative, and judicial branches of state government in\n each member state shall enforce this compact and shall take all actions\n necessary and appropriate to effectuate the compact’s purposes and\n intent. The provisions of this compact and the rules promulgated hereunder\n shall have standing as regulations adopted under the Administrative Process\n Act (§ 2.2-4000 et seq.);\n\n 2. All courts shall take judicial notice of the compact and the rules in any\n judicial or administrative proceeding in a member state pertaining to the\n subject matter of this compact that may affect the powers, responsibilities,\n or actions of the Interstate Commission; and\n\n 3. The Interstate Commission shall be entitled to receive all service of\n process in any such proceeding and shall have standing to intervene in the\n proceeding for all purposes. Failure to provide service of process to the\n Interstate Commission shall render a judgment or order void as to the\n Interstate Commission, this compact, or promulgated rules.\n\nB. Default, technical assistance, suspension, and termination.\n\t\t\tIf the Interstate Commission determines that a member state has defaulted in\nthe performance of its obligations or responsibilities under this compact, or\nthe bylaws or promulgated rules, the Interstate Commission shall:\n\n 1. Provide written notice to the defaulting state and other member states of\n the nature of the default, the means of curing the default, and any action\n taken by the Interstate Commission. The Interstate Commission shall specify\n the conditions by which the defaulting state must cure its default;\n\n 2. Provide remedial training and specific technical assistance regarding the\n default;\n\n 3. If the defaulting state fails to cure the default, the defaulting state\n shall be terminated from the compact upon an affirmative vote of a majority of\n the member states, and all rights, privileges, and benefits conferred by this\n compact shall be terminated from the effective date of termination. A cure of\n the default does not relieve the offending state of obligations or liabilities\n incurred during the period of the default;\n\n 4. Suspension or termination of membership in the compact shall be imposed\n only after all other means of securing compliance have been exhausted. Notice\n of intent to suspend or terminate shall be given by the Interstate Commission\n to the Governor, the majority and minority leaders of the defaulting\n state’s legislature, and each of the member states;\n\n 5. The state that has been suspended or terminated is responsible for all\n assessments, obligations, and liabilities incurred through the effective date\n of suspension or termination, including obligations the performance of which\n extends beyond the effective date of suspension or termination;\n\n 6. The Interstate Commission shall not bear any costs relating to any state\n that has been found to be in default or that has been suspended or terminated\n from the compact, unless otherwise mutually agreed upon in writing between the\n Interstate Commission and the defaulting state; and\n\n 7. The defaulting state may appeal the action of the Interstate Commission by\n petitioning the United States District Court for the District of Columbia or\n the federal district where the Interstate Commission has its principal\n offices. The prevailing party shall be awarded all costs of such litigation\n including reasonable attorney’s fees.\n\nC. Dispute resolution.\n\n 1. The Interstate Commission shall attempt, upon the request of a member\n state, to resolve disputes that are subject to the compact and that may arise\n among member states and between member and nonmember states.\n\n 2. The Interstate Commission shall promulgate a rule providing for mediation\n for disputes as appropriate.\n \t\t\t\tArticle XIV. Financing of the Interstate Commission.\n\nA. The Interstate Commission shall pay or provide for the payment of the\nreasonable expenses of its establishment, organization, and ongoing activities.\n\nB. The Interstate Commission may levy on and collect an annual assessment from\neach member state to cover the cost of the operations and activities of the\nInterstate Commission and its staff, which must be in a total amount sufficient\nto cover the Interstate Commission’s annual budget as approved each year.\nThe aggregate annual assessment amount shall be allocated based upon a formula\nto be determined by the Interstate Commission, which shall promulgate a rule\nbinding upon all member states.\n\nC. The Interstate Commission shall not incur obligations of any kind prior to\nsecuring the funds adequate to meet the same; nor shall the Interstate\nCommission pledge the credit of any of the member states, except by and with the\nauthority of the member state.\n\nD. The Interstate Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Interstate Commission shall\nbe subject to the audit and accounting procedures established under its bylaws.\nHowever, all receipts and disbursements of funds handled by the Interstate\nCommission shall be audited yearly by a certified or licensed public accountant\nand the report of the audit shall be included in and become part of the annual\nreport of the Interstate Commission.\n\t\t\tArticle XV. Member States, Effective Date, and Amendment.\n\nA. Any state is eligible to become a member state.\n\nB. The compact shall become effective and binding upon legislative enactment of\nthe compact into law by no less than 10 of the states. Thereafter it shall\nbecome effective and binding as to any other member state upon enactment of the\ncompact into law by that state. The Governors of nonmember states or their\ndesignees shall be invited to participate in the activities of the Interstate\nCommission on a nonvoting basis prior to adoption of the compact by all states.\n\nC. The Interstate Commission may propose amendments to the compact for enactment\nby the member states. No amendment shall become effective and binding upon the\nInterstate Commission and the member states unless and until it is enacted into\nlaw by unanimous consent of the member states.\n\t\t\tArticle XVI. Withdrawal and Dissolution.\n\nA. Withdrawal.\n\n 1. Once effective, the compact shall continue in force and remain binding upon\n each and every member state, provided that a member state may withdraw from\n the compact specifically by repealing the statute that enacted the compact\n into law.\n\n 2. Withdrawal from this compact shall be by the enactment of a statute\n repealing the same.\n\n 3. The withdrawing state shall immediately notify the chairperson of the\n Interstate Commission in writing upon the introduction of legislation\n repealing this compact in the withdrawing state. The Interstate Commission\n shall notify the other member states of the withdrawing state’s intent\n to withdraw within 60 days of its receipt thereof.\n\n 4. The withdrawing state is responsible for all assessments, obligations, and\n liabilities incurred through the effective date of withdrawal, including\n obligations the performance of which extends beyond the effective date of\n withdrawal.\n\n 5. Reinstatement following withdrawal of a member state shall occur upon the\n withdrawing state reenacting the compact or upon such later date as determined\n by the Interstate Commission.\n\nB. Dissolution of compact.\n\n 1. This compact shall dissolve effective upon the date of the withdrawal or\n default of the member state that reduces the membership in the compact to one\n member state.\n\n 2. Upon the dissolution of this compact, the compact becomes null and void and\n shall be of no further force or effect and the business and affairs of the\n Interstate Commission shall be concluded and surplus funds shall be\n distributed in accordance with the bylaws.\n \t\t\t\tArticle XVII. Severability and Construction.\n\nA. The provisions of this compact shall be severable and if any phrase, clause,\nsentence, or provision is deemed unenforceable, the remaining provisions of the\ncompact shall be enforceable.\n\nB. The provisions of this compact shall be liberally construed to effectuate its\npurposes.\n\nC. Nothing in this compact shall be construed to prohibit the applicability of\nother interstate compacts to which the states are members.\n\t\t\tArticle XVIII. Binding Effect of Compact and Other Laws.\n\nA. Other laws.\n\n 1. Nothing herein prevents the enforcement of any other law of a member state\n that is not inconsistent with this compact.\n\n 2. All member states’ laws conflicting with this compact are superseded\n to the extent of the conflict.\n\nB. Binding effect of the compact.\n\n 1. All lawful actions of the Interstate Commission, including all rules and\n bylaws promulgated by the Interstate Commission, are binding upon the member\n states.\n\n 2. All agreements between the Interstate Commission and the member states are\n binding in accordance with their terms.\n\n 3. In the event any provision of this compact exceeds the constitutional\n limits imposed on the legislature of any member state, such provision shall be\n ineffective to the extent of the conflict with the constitutional provision in\n question in that member state.\n\nHISTORY: 2009, c. 187; 2010, c. 148.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}