§ 806. Purpose — Article I
It is the purpose of this compact to remove barriers to educational success imposed
on children of military families because of frequent moves and deployment of their
parents by:
A. Facilitating the timely enrollment of children of military families and ensuring that
they are not placed at a disadvantage due to difficulty in the transfer of education
records from the previous school district or variations in entrance or age requirements.
B. Facilitating the student placement process through which children of military families
are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content, or assessment.
C. Facilitating the qualification and eligibility for enrollment, educational programs,
and participation in extracurricular academic, athletic, and social activities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rules implementing
the provisions of this compact.
F. Providing for the uniform collection and sharing of information between and among
member states, schools, and military families under this compact.
G. Promoting coordination between this compact and other compacts affecting military
children.
H. Promoting flexibility and cooperation between the educational system, parents, and
the student in order to achieve educational success for the student. (Added 2011, No. 43, § 1.)
§ 806a. Definitions — Article II
As used in this compact, unless the context clearly requires a different construction:
A. “Active duty” means: full-time duty status in the active uniformed service of the
United States, including members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Chapter 1209 and 1211.
B. “Children of military families” means: a school-aged child or children, enrolled in
Kindergarten through Twelfth (12th) grade, in the household of an active duty member.
C. “Compact commissioner” means: the voting representative of each compacting state appointed
pursuant to Article VIII of this compact.
D. “Deployment” means: the period one (1) month prior to the service members’ departure
from their home station on military orders though six (6) months after return to their
home station.
E. “Education(al) records” means: those official records, files, and data directly related
to a student and maintained by the school or local education agency, including but
not limited to records encompassing all the material kept in the student’s cumulative
folder such as general identifying data, records of attendance and of academic work
completed, records of achievement and results of evaluative tests, health data, disciplinary
status, test protocols, and individualized education programs.
F. “Extracurricular activities” means: a voluntary activity sponsored by the school or
local education agency or an organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to, preparation for and involvement
in public performances, contests, athletic competitions, demonstrations, displays,
and club activities.
G. “Interstate Commission on Educational Opportunity for Military Children” means: the
commission that is created under Article IX of this compact, which is generally referred
to as Interstate Commission.
H. “Local education agency” means: a public authority legally constituted by the state
as an administrative agency to provide control of and direction for Kindergarten through
Twelfth (12th) grade public educational institutions.
I. “Member state” means: a state that has enacted this compact.
J. “Military installation” means: a base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the jurisdiction of the Department
of Defense, including any leased facility, which is located within any of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory.
Such term does not include any facility used primarily for civil works, rivers and
harbors projects, or flood control projects.
K. “Nonmember state” means: a state that has not enacted this compact.
L. “Receiving state” means: the state to which a child of a military family is sent,
brought, or caused to be sent or brought.
M. “Rule” means: a written statement by the Interstate Commission promulgated pursuant
to Article XII of this compact that is of general applicability, implements, interprets,
or prescribes a policy or provision of the compact, or an organizational, procedural,
or practice requirement of the Interstate Commission, and has the force and effect
of a rule promulgated under the Vermont Administrative Procedure Act as found in 3
V.S.A. chapter 25, and includes the amendment, repeal, or suspension of an existing
rule.
N. “Sending state” means: the state from which a child of a military family is sent,
brought, or caused to be sent or brought.
O. “State” means: a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas
Islands, and any other U.S. Territory.
P. “Student” means: the child of a military family for whom the local education agency
receives public funding and who is formally enrolled in Kindergarten through Twelfth
(12th) grade.
Q. “Transition” means: 1) the formal and physical process of transferring from school
to school or 2) the period of time in which a student moves from one school in the
sending state to another school in the receiving state.
R. “Uniformed service” means: the Army, Navy, Air Force, Marine Corps, Coast Guard as
well as the Commissioned Corps of the National Oceanic and Atmospheric Administration,
and Public Health Services.
S. “Veteran” means: a person who served in the uniformed services and who was discharged
or released therefrom under conditions other than dishonorable. (Added 2011, No. 43, § 1.)
§ 806b. Applicability — Article III
A. Except as otherwise provided in Section B, this compact shall apply to the children
of:
1. active duty members of the uniformed services as defined in this compact, including
members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C.
Chapter 1209 and 1211;
2. members or veterans of the uniformed services who are severely injured and medically
discharged or retired for a period of one (1) year after medical discharge or retirement;
and
3. members of the uniformed services who die on active duty or as a result of injuries
sustained on active duty for a period of one (1) year after death.
B. The provisions of this interstate compact shall only apply to local education agencies
as defined in this compact.
C. The provisions of this compact shall not apply to the children of:
1. inactive members of the national guard and military reserves;
2. members of the uniformed services now retired, except as provided in Section A;
3. veterans of the uniformed services, except as provided in Section A; and
4. other U.S. Dept. of Defense personnel and other federal agency civilian and contract
employees not defined as active duty members of the uniformed services. (Added 2011, No. 43, § 1.)
§ 806c. Educational records and enrollment — Article IV
A. Unofficial or “hand-carried” education records — In the event that official education records cannot be released to the parents for
the purpose of transfer, the custodian of the records in the sending state shall prepare
and furnish to the parent a complete set of unofficial educational records containing
uniform information as determined by the Interstate Commission. Upon receipt of the
unofficial education records by a school in the receiving state, the school shall
enroll and appropriately place the student based on the information provided in the
unofficial records pending validation by the official records, as quickly as possible.
B. Official education records and transcripts — Simultaneous with the enrollment and conditional placement of the student, the school
in the receiving state shall request the student’s official education record from
the school in the sending state. Upon receipt of this request, the school in the sending
state will process and furnish the official education records to the school in the
receiving state within ten (10) days or within such time as is reasonably determined
under the rules promulgated by the Interstate Commission.
C. Immunizations — Compacting states shall give thirty (30) days from the date of enrollment or within
such time as is reasonably determined under the rules promulgated by the Interstate
Commission, for students to obtain any immunizations required by the receiving state.
For a series of immunizations, initial vaccinations must be obtained within thirty
(30) days or within such time as is reasonably determined under the rules promulgated
by the Interstate Commission.
D. Kindergarten and first grade entrance age — Students shall be allowed to continue their enrollment at grade level in the receiving
state commensurate with their grade level (including Kindergarten) from a local education
agency in the sending state at the time of transition, regardless of age. A student
that has satisfactorily completed the prerequisite grade level in the local education
agency in the sending state shall be eligible for enrollment in the next highest grade
level in the receiving state, regardless of age. A student transferring after the
start of the school year in the receiving state shall enter the school in the receiving
state on their validated level from an accredited school in the sending state. (Added 2011, No. 43, § 1.)
§ 806d. Placement and attendance — Article V
A. Course placement — When the student transfers before or during the school year, the receiving state school
shall initially honor placement of the student in educational courses based on the
student’s enrollment in the sending state school or educational assessments conducted
at the school in the sending state if the courses are offered or both. 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 courses.
B. Educational program placement — The receiving state school shall initially honor placement of the student in educational
programs based on current educational assessments conducted at the school in the sending
state or participation or placement in like programs in the sending state. Such programs
include, but are not limited to: 1) gifted and talented programs; and 2) English as
a second language (ESL). This does not preclude the school in the receiving state
from performing subsequent evaluations to ensure appropriate placement of the student.
C. Special education services — 1) In compliance with the federal requirements of the Individuals with Disabilities
Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq., the receiving state shall initially provide comparable services to a student
with disabilities based on his or her current Individualized Education Program (IEP);
and 2) in compliance with the requirements of Section 504 of the Rehabilitation Act,
29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address
the needs of incoming students with disabilities, subject to an existing 504 or Title
II Plan, to provide the student with equal access to education. This does not preclude
the school in the receiving state from performing subsequent evaluations to ensure
appropriate placement of the student.
D. Placement flexibility — Local education agency administrative officials shall have flexibility in waiving
course and program prerequisites, or other preconditions for placement in courses
and programs offered under the jurisdiction of the local education agency.
E. Absence as related to deployment activities — A student whose parent or legal guardian is an active duty member of the uniformed
services, as defined by the compact, and has been called to duty for, is on leave
from, or immediately returned from deployment to a combat zone or combat support posting,
shall be granted additional excused absences at the discretion of the local education
agency superintendent to visit with his or her parent or legal guardian relative to
such leave or deployment of the parent or guardian. (Added 2011, No. 43, § 1.)
§ 806e. Eligibility — Article VI
A. Eligibility for enrollment.
1. Special power of attorney, relative to the guardianship of a child of a military family
and executed under applicable law shall be sufficient for the purposes of enrollment
and all other actions requiring parental participation and consent.
2. A local education agency shall be prohibited from charging local tuition to a transitioning
military child placed in the care of a noncustodial parent or other person standing
in loco parentis who lives in a jurisdiction other than that of the custodial parent.
3. A transitioning military child, placed in the care of a 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. Eligibility for extracurricular participation — State and local education agencies shall facilitate the opportunity for transitioning
military children’s inclusion in extracurricular activities, regardless of application
deadlines, to the extent they are otherwise qualified. (Added 2011, No. 43, § 1.)
§ 806f. Graduation — Article VII
In order to facilitate the on-time graduation of children of military families, states
and local education agencies shall incorporate the following procedures:
A. Waiver requirements — Local education agency administrative officials shall waive specific courses required
for graduation if similar course work has been satisfactorily completed in another
local education agency or shall provide reasonable justification for denial. Should
a waiver not be granted to a student who would qualify to graduate from the sending
school, the local education agency shall provide an alternative means of acquiring
required coursework so that graduation may occur on time.
B. Exit exams — States shall accept: 1) exit or end-of-course exams required for graduation from the
sending state; or 2) national norm-referenced achievement tests; or 3) alternative
testing, in lieu of testing requirements for graduation in the receiving state. In
the event the above alternatives cannot be accommodated by the receiving state for
a student transferring in his or her senior year, then the provisions of Article VII,
Section C shall apply.
C. Transfers during senior year — Should a military student transferring at the beginning or during his or her senior
year be ineligible to graduate from the receiving local education agency after all
alternatives have been considered, the sending and receiving local education agencies
shall ensure the receipt of a diploma from the sending local education agency, if
the student meets the graduation requirements of the sending local education agency.
In the event that one of the states in question is not a member of this compact, the
member state shall use best efforts to facilitate the on-time graduation of the student
in accordance with Sections A and B of this Article. (Added 2011, No. 43, § 1.)
§ 806g. State coordination — Article VIII
A. Each member state shall, through the creation of a State Council or use of an existing
body or board, provide for the coordination among its agencies of government, local
education agencies, and military installations concerning the state’s participation
in, and compliance with, this compact and Interstate Commission activities. While
each member state may determine the membership of its own State Council, its membership
must include at least: the state superintendent of education, superintendent of a
school district with a high concentration of military children, representative from
a military installation, one representative each from the legislative and executive
branches of government, and other offices and stakeholder groups the State Council
deems appropriate. A member state that does not have a school district deemed to contain
a high concentration of military children may appoint a superintendent from another
school district to represent local education agencies on the State Council.
B. The State Council of each member state shall appoint or designate a military family
education liaison to assist military families and the state in facilitating the implementation
of this compact.
C. The compact commissioner responsible for the administration and management of the
state’s participation in the compact shall be appointed by the Governor or as otherwise
determined by each member state.
D. The compact commissioner and the military family education liaison designated herein
shall be ex-officio members of the State Council, unless either is already a full
voting member of the State Council. (Added 2011, No. 43, § 1.)
§ 806h. Interstate commission on educational opportunity for military children — Article IX
The member states hereby create the “Interstate Commission on Educational Opportunity
for Military Children.” The activities of the Interstate Commission are the formation
of public policy and are a discretionary state function. The Interstate Commission
shall:
A. Be a body corporate and joint agency of the member states and shall have all the responsibilities,
powers, and duties set forth herein, and such additional powers as may be conferred
upon it by a subsequent concurrent action of the respective legislatures of the member
states in accordance with the terms of this compact.
B. Consist of one Interstate Commission voting representative from each member state
who shall be that state’s compact commissioner.
1. Each member state represented at a meeting of the Interstate Commission is entitled
to one vote.
2. A majority of the total member states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another member state. In the event the
compact commissioner is unable to attend a meeting of the Interstate Commission, the
Governor or State Council may delegate voting authority to another person from their
state for a specified meeting.
4. The bylaws may provide for meetings of the Interstate Commission to be conducted by
telecommunication or electronic communication.
C. Consist of ex-officio, 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. Meet at least once each calendar year. The chairperson may call additional meetings
and, upon the request of a simple majority of the member states, shall call additional
meetings.
E. Establish an executive committee, whose members shall include the officers of the
Interstate Commission and such other members of the Interstate Commission as determined
by the bylaws. Members of the executive committee shall serve a one-year term. Members
of the executive committee shall be entitled to one vote each. The executive committee
shall have the power to act on behalf of the Interstate Commission, with the exception
of rulemaking, during periods when the Interstate Commission is not in session. The
executive committee shall oversee the day-to-day activities of the administration
of the compact, including enforcement and compliance with the provisions of the compact,
its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of
Defense shall serve as an ex-officio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and procedures under which
the Interstate Commission shall make its information and official records available
to the public for inspection or copying. The Interstate Commission may exempt from
disclosure information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
G. Give public notice of all meetings and all meetings shall be open to the public, except
as set forth in the rules or as otherwise provided in the compact. The Interstate
Commission and its committees may close a meeting, or portion thereof, where it determines
by two-thirds’ vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission’s internal personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by federal and state statute;
3. Disclose trade secrets or commercial or financial information which is privileged
or confidential;
4. Involve accusing a person of a crime, or formally censuring a person;
5. Disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement purposes; or
7. Specifically relate to the Interstate Commission’s participation in a civil action
or other legal proceeding.
H. Cause its legal counsel or designee to certify that a meeting may be closed and shall
reference each relevant exemptible provision for any meeting, or portion of a meeting,
which is closed pursuant to this provision. The Interstate Commission shall keep minutes
which shall fully and clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the reasons therefor, including
a description of the views expressed and the record of a roll call vote. All documents
considered in connection with an action shall be identified in such minutes. All minutes
and documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission.
I. Collect standardized data concerning the educational transition of the children of
military families under this compact as directed through its rules which shall specify
the data to be collected, the means of collection and data exchange and reporting
requirements. Such methods of data collection, exchange, and reporting shall, insofar
as is reasonably possible, conform to current technology and coordinate its information
functions with the appropriate custodian of records as identified in the bylaws and
rules.
J. Create a process that permits military officials, education officials, and parents
to inform the Interstate Commission if and when there are alleged violations of the
compact or its rules or when issues subject to the jurisdiction of the compact or
its rules are not addressed by the state or local education agency. This section shall
not be construed to create a private right of action against the Interstate Commission,
any member state, or any local education agency. (Added 2011, No. 43, § 1.)
§ 806i. Powers and duties of the interstate commission — Article X
The Interstate Commission shall have the following powers:
A. To provide for dispute resolution among member states.
B. To promulgate rules and take all necessary actions to effect the goals, purposes,
and obligations as enumerated in this compact. The rules shall have the force and
effect of a rule promulgated under the Vermont Administrative Procedure Act as found
in 3 V.S.A. chapter 25 and shall be binding in the compact states to the extent and
in the manner provided in this compact.
C. To issue, upon request of a member state, advisory opinions concerning the meaning
or interpretation of the interstate compact, its bylaws, rules, and actions.
D. To monitor compliance with the compact provisions, the rules promulgated by the Interstate
Commission, and the bylaws. Any action to enforce compliance with the compact provisions
by the Interstate Commission shall be brought against a member state only.
E. To establish and maintain offices which shall be located within one or more of the
member states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire, or contract for services of personnel.
H. To establish and appoint committees including but not limited to an executive committee
as required by Article IX, Section E, which shall have the power to act on behalf
of the Interstate Commission in carrying out its powers and duties hereunder.
I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and
to fix their compensation, define their duties, and determine their qualifications;
and to establish the Interstate Commission’s personnel policies and programs relating
to conflicts of interest, rates of compensation, and qualifications of personnel.
J. To accept any and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of it.
K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation of the Interstate
Commission.
O. To report annually to the legislatures, governors, judiciary, and state councils of
the member states concerning the activities of the Interstate Commission during the
preceding year. Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.
P. To coordinate education, training, and public awareness regarding the compact and
its implementation and operation for officials and parents involved in such activity.
Q. To establish uniform standards for the reporting, collecting, and exchanging of data.
R. To maintain corporate books and records in accordance with the bylaws.
S. To perform such functions as may be necessary or appropriate to achieve the purposes
of this compact.
T. To provide for the uniform collection and sharing of information between and among
member states, schools, and military families under this compact. (Added 2011, No. 43, § 1.)
§ 806j. Organization and operation of the interstate commission — Article XI
A. The Interstate Commission shall, by a majority of the members present and voting,
within 12 months after the first Interstate Commission meeting, adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out the purposes of the compact,
including, but not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee, and such other committees as may be necessary;
3. Providing for the establishment of committees and for governing any general or specific
delegation of authority or function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers and staff of the Interstate
Commission;
6. Providing a mechanism for concluding the operations of the Interstate Commission and
the return of surplus funds that may exist upon the termination of the compact after
the payment and reserving of all of its debts and obligations; and
7. Providing “start up” rules for initial administration of the compact.
B. The Interstate Commission shall, by a majority of the members, elect annually from
among its members a chairperson, a vice chairperson, and a treasurer, each of whom
shall have such authority and duties as may be specified in the bylaws. The chairperson
or, in the chairperson’s absence or disability, the vice chairperson, shall preside
at all meetings of the Interstate Commission. The officers so elected shall serve
without compensation or remuneration from the Interstate Commission; provided that,
subject to the availability of budgeted funds, the officers shall be reimbursed for
ordinary and necessary costs and expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
C. Executive Committee, Officers, and Personnel.
1. The executive committee shall have such authority and duties as may be set forth in
the bylaws, including, but not limited to:
a. Managing the affairs of the Interstate Commission in a manner consistent with the
bylaws and purposes of the Interstate Commission;
b. Overseeing an organizational structure within, and appropriate procedures for the
Interstate Commission to provide for the creation of rules, operating procedures,
and administrative and technical support functions; and
c. Planning, implementing, and coordinating communications and activities with other
state, federal, and local government organizations in order to advance the goals of
the Interstate Commission.
2. The executive committee may, subject to the approval of the Interstate Commission,
appoint or retain an executive director for such period, upon such terms and conditions,
and for such compensation, as the Interstate Commission may deem appropriate. The
executive director shall serve as secretary to the Interstate Commission, but shall
not be a Member of the Interstate Commission. The executive director shall hire and
supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission’s executive director and its employees shall be immune from
suit and liability, either personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil liability caused or
arising out of or relating to an actual or alleged act, error, or omission that occurred,
or that such person had a reasonable basis for believing occurred, within the scope
of Interstate Commission employment, duties, or responsibilities; provided, that such
person shall not be protected from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such person.
1. The liability of the Interstate Commission’s executive director and employees or Interstate
Commission representatives, acting within the scope of such person’s employment or
duties for acts, errors, or omissions occurring within such person’s state may not
exceed the limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is considered
to be an instrumentality of the states for the purposes of any such action. Nothing
in this subsection shall be construed to protect such person from suit or liability
for damage, loss, injury, or liability caused by the intentional or willful and wanton
misconduct of such person.
2. The Interstate Commission shall defend the executive director and its employees and,
subject to the approval of the Attorney General or other appropriate legal counsel
of the member state represented by an Interstate Commission representative, shall
defend such Interstate Commission representative in any civil action seeking to impose
liability arising out of an actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or responsibilities,
or that the defendant had a reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, member state, or the Interstate Commission,
the representatives or employees of the Interstate Commission shall be held harmless
in the amount of a settlement or judgment, including attorney’s fees and costs, obtained
against such persons arising out of an actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
or that such persons had a reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of such persons. (Added 2011, No. 43, § 1.)
§ 806k. Rulemaking functions of the interstate commission — Article XII
A. Rulemaking Authority — The Interstate Commission shall promulgate reasonable rules in order to effectively
and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing,
in the event the Interstate Commission exercises its rulemaking authority in a manner
that is beyond the scope of the purposes of this Act, or the powers granted hereunder,
then such an action by the Interstate Commission shall be invalid and have no force
or effect.
B. Rulemaking Procedure — Rules shall be made pursuant to a rulemaking process that substantially conforms to
the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol.
15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate
Commission.
C. Not later than thirty (30) days after a rule is promulgated, any person may file a
petition for judicial review of the rule; provided, that the filing of such a petition
shall not stay or otherwise prevent the rule from becoming effective unless the court
finds that the petitioner has a substantial likelihood of success. The court shall
give deference to the actions of the Interstate Commission consistent with applicable
law and shall not find the rule to be unlawful if the rule represents a reasonable
exercise of the Interstate Commission’s authority.
D. If a majority of the legislatures of the compacting states rejects a rule by enactment
of a statute or resolution in the same manner used to adopt the compact, then such
rule shall have no further force and effect in any compacting state. (Added 2011, No. 43, § 1.)
§ 806l. Oversight, enforcement, and dispute resolution — Article XIII
A. Oversight.
1. Each member state shall enforce this compact to effectuate the compact’s purposes
and intent. The rules promulgated under this act shall have standing as a rule promulgated
under the Vermont Administrative Procedure Act as found in 3 V.S.A. chapter 25.
2. All courts shall take judicial notice of the compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of
this compact which may affect the powers, responsibilities, or actions of the Interstate
Commission.
3. The Interstate Commission shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the Interstate Commission shall render a
judgment or order void as to the Interstate Commission, this compact, or promulgated
rules.
B. Default, Technical Assistance, Suspension, and Termination — If the Interstate Commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this compact, or the bylaws or promulgated
rules, the Interstate Commission shall:
1. Provide written notice to the defaulting state and other member states of the nature
of the default, the means of curing the default, and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the defaulting
state must cure its default.
2. Provide remedial training and specific technical assistance regarding the default.
3. If the defaulting state fails to cure the default, the defaulting state shall be terminated
from the compact upon an affirmative vote of a majority of the member states and all
rights, privileges, and benefits conferred by this compact shall be terminated from
the effective date of termination. A cure of the default does not relieve the offending
state of obligations or liabilities incurred during the period of the default.
4. Suspension or termination of membership in the compact shall be imposed only after
all other means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the Interstate Commission to the Governor, the majority
and minority leaders of the defaulting state’s legislature, and each of the member
states.
5. The state which has been suspended or terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of suspension or
termination, not to exceed $100 per year as provided in Article XIV, Section E, of
this compact for each year that the State of Vermont is a member of the compact.
6. The Interstate Commission shall not bear any costs relating to any state that has
been found to be in default or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the Interstate Commission
and the defaulting state.
7. The defaulting state may appeal the action of the Interstate Commission by petitioning
the U.S. District Court for the District of Columbia or the federal district where
the Interstate Commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation including reasonable attorney’s fees.
C. Dispute Resolution.
1. The Interstate Commission shall attempt, upon the request of a member state, to resolve
disputes which are subject to the compact and which may arise among member states
and between member and non-member states.
2. The Interstate Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate. (Added 2011, No. 43, § 1.)
§ 806m. Financing of the interstate commission — Article XIV
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses
of its establishment, organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an annual assessment from each member
state to cover the cost of the operations and activities of the Interstate Commission
and its staff which must be in a total amount sufficient to cover the Interstate Commission’s
annual budget as approved each year. The aggregate annual assessment amount shall
be allocated based upon a formula to be determined by the Interstate Commission, which
shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the
credit of any of the member states, except by and with the authority of the member
state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the Interstate Commission shall be subject to the
audit and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Interstate Commission.
E. The Interstate Commission may not assess, levy, or collect from Vermont in its annual
assessment more than $2,000.00 per year. Other funding sources may be accepted and
used to offset expenses related to the State’s participation in the compact. (Added 2011, No. 43, § 1; amended 2013, No. 56, § 20, eff. May 30, 2013.)
§ 806n. Member states, effective date and amendment — Article XV
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the compact
into law by no less than ten (10) of the states. The effective date shall be no earlier
than December 1, 2007. Thereafter it shall become effective and binding as to any
other member state upon enactment of the compact into law by that state. The governors
of non-member states or their designees shall be invited to participate in the activities
of the Interstate Commission on a non-voting basis prior to adoption of the compact
by all states.
C. The Interstate Commission may propose amendments to the compact for enactment by the
member states. No amendment shall become effective and binding upon the Interstate
Commission and the member states unless and until it is enacted into law by unanimous
consent of the member states. (Added 2011, No. 43, § 1.)
§ 806o. Withdrawal and dissolution — Article XVI
A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each and
every member state; provided that a member state may withdraw immediately from the
compact by specifically repealing the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute repealing the
same.
3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission
in writing upon the introduction of legislation repealing this compact in the withdrawing
state. The Interstate Commission shall notify the other member states of the withdrawing
state’s intent to withdraw within sixty (60) days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, not to exceed $100 per year as
provided in Article XIV, Section E, of this compact for each year that the State of
Vermont is a member of the compact.
5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing
state reenacting the compact or upon such later date as determined by the Interstate
Commission.
B. Dissolution of Compact.
1. This compact shall dissolve effective upon the date of the withdrawal or default of
the member state which reduces the membership in the compact to one (1) member state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws. (Added 2011, No. 43, § 1.)
§ 806p. Severability and construction — Article XVII
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence,
or provision is deemed unenforceable, the remaining provisions of the compact shall
be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the applicability of other
interstate compacts to which the states are members. (Added 2011, No. 43, § 1.)
§ 806q. Binding effect of compact and other laws — Article XVIII
A. Other Laws. Nothing herein prevents the enforcement of any other law of a member state.
B. Binding Effect of the Compact.
1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated
by the Interstate Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and the member states are binding
in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutional limits imposed
on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member
state. (Added 2011, No. 43, § 1.)