An Act To Adopt the Interstate Compact on Educational Opportunity for Military Children
Maine Legislature, Session 124, LD 1324
Committee: Education and Culhlral Affairs
Sponsors: CROCKETT, BRYANT, MILLS, SAVIELLO, TRINW ARD, GOOLEY

FIRST IlEGULAR SESSION-2009 
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Legislative Document 
No. 1324 
H.P.928 
House of Representatives, March 31,2009 
An Act To Adopt the Interstate Compact on Educational 
Opportunity for Military Children 
Reference to the Committee on Education and Culhlral Affairs suggested and ordered 
printed. 
Presented by Representative CROCKETT of Bethel. 
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1h.17!!iC~{ 
MILLICENT M. Ma.cFARLAND 
Clerk 
Cosponsored by Senator BRYANT of Oxford, . Senator MILLS of Somerset and 
Representatives: CORNELL du HOUX of Bnmswick, PRIEST.ofBrunswick, SAVIELLO of 
Wilton, TRINW ARD of Waterville, Senator: GOOLEY of Franklin. 
Printed Ull recycled paper 
. Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA Pt. lOis enacted to read: 
3PART 
INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR 
MILITARY CHILDREN 
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CHAPTER 901 
INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR 
MILITARY CHILDREN 
§20101. Short title - Article 1 
This chapter may be known and cited as "the Interstate Compact on Educational 
Opportunity for Military Children." which is referred to in this chapter as "the compact. " 
§20102. Definitions - Article 2 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings~ 
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1. Active duty. "Active duty" means full-time duty status in the active uniformed 
service of the United States, including members onhe National Guard and Reserve on 
active duty orders pUrsuant to 10 United States Code, Sections 1209 and 1211. 
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2. Child of a military family. "Child of a military family" means a school-aged 
child enrolled in· kindergarten to grade 12 in the household of an active duty member. 
3. Compact. "Compact" means the Interstate Compact on Educational Opportunity 
for Military Children. 
4. 
Compact COmmISSIOner. "Compact commissioner" means the voting 
representative of each member state appointed pursuant to section 20109. 
5. 
Deployment. "Deployment" means the period one· month prior to a service 
member's departure from the service member's home· station on military orders to 6 
months after return to the service member's home station. 
6. Educational records. "Educational reCords" means those official.records,· files' 
and data directly related to a student and maintained by the school or local education 
a enc 
includin but not limited to records encom assin all the material ke t in the 
child's cumulative folder such as general identifying data, records of atten ance and of 
academic work completed, records of achievement and results of evaluative tests, health 
data, disciplinary status, test protocols and individualized education programs: 
. 7. Extracurricular activities. "Extracurricular activitIes" means voluntary activities 
sponsored by the school or local education agency or an organization sanctioned by the 
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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 .. 
8. Interstate commission. "Interstate commission" means the Interstate Commission 
on Educational Opportunity for Military Children established under section 20109. 
9. 
Local education agency. "Local education agencyi' means a public authority 
legally constituted by a member state as an administrative agency to provide control of 
. and direction for kindergarten to grade 12 public educational institutions. 
10. Member state. "Member state" means a state that has enacted the compact. 
11. Military installation. "Military installation" means a base, camp, post, station, 
yard, center or homeport facility for any ship,' or other activity under the jUJ.-isdiction of 
the federal Depmiment of Defense, including any leased facility, that is located within 
any of the several states,' the District of Columbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and 
any other United States territory. "Military installation" does not include any facility used 
primarily for civil works, rivers and harbors projects or flood control projects. 
12. Nonmember state. "Nonmember state" means a state that has not enacted the 
compact. 
13. Receiving state; "ReceiVing state" means the state to which a child of a military. 
family is sent, brought or caused to be sent or brought. 
14.' Rule. "Rule" means a written statement by the interstate commission adopted 
pursuant to section 20112 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; has the force and effect of statutory 
law in a member state; and includes the amendment, repeal or suspension of an existing 
. rule. 
15. Sending state. -"Sending state" means the state from which a child of a military 
family is sent, brought or caused to be.sent or brought. 
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16. State. "State" means a state of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American 
Samoa, the No'rthern Marianas Islands and any other United States territory . 
17. State council. "State council" means the state council on educational opportunity 
for military children established in section 20108. 
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18. Student. "Student" means the child of a military family for whom the local 
education agency receives public funding and who is formally enrolled in kindergarten to 
grade 12 .. 
19. Transition. "Transition" means: 
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A. The formal and physical process of transferring from school to'school; or 
B. The period of time in which a student moves from one school in the sending state 
to another school in the receiving state. 
20. Uniformed service. "Uniformed service" ineans the Army, the Nayy, the Air 
Force, the Marine Corps, the Coast Guard, the National Oceanic and Atmospheric 
Administration Commissioned Corps or the United States Public Health Service 
Commissioned Corps. 
21. Veteran. "Veteran" means a person who served in the uniformed services and 
who was discharged or released therefrom under conditions other than dishonorable. 
§20103. Applicability - Article 3 . 
1. Application to children. Except as otherwise provided in subsection 2, this 
chapter applies to the children of: 
A.' Active duty members of the uniformed services; 
B. 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 
C. Members of the uniforined services who die on active duty or as a result of 
injuries sustained on active duty for a period of one year after death. 
.. Application to local education agencies. This chapter applies to local education 
agencies. 
3. Exemption. This chapter does not apply to children of: 
A. Inactive members of the national guard and military reserves; 
B. Members of the uniformed services now retired, except as provided in subsection 
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C. Veterans of the uniformed services, except as provided in subsection 1; and . 
D. Other federal Department of Defense personnel and other federal agency civilian 
and contract employees not defined as active duty members of the uniformed 
services. 
§20104. Educational records and enrollment - Article 4 
This section applies to the transition of students subject to this chapter pursuant to 
section 20103. 
1. Unofficial educational records. Ifofficial educational records cannot be released 
to the parent or parents' of the transitioning student, 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 educational records by a school in the 
receiving state, the school in the receiving state, as quickly as possible, shall enroll and 
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appropriately place the student based on the' information provided in the unofficial 
records pending validation by the official records. 
2. Official educational records. Simultaneous with the enrollment and conditional' 
placement of the student, the school in the receiving state shall request the student's 
official, educational record from the school in the sending state. Upon receipt of this 
'request, the school in the sending state shall process and furnish the official educational 
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. 
3. Immunizations. A member state shall give 30 days from the date of enrollment or 
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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 30 days 
or within such time as is reasonably determined under the rules promulgated by the 
interstate commission. 
4. Kindergarten and first grade entrance age. A student must be allowed to 
continue enrollment at grade level in the receiving state commensurate with that student's 
grade level from a local education agency in the sending state at the time of transition, 
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regardless of age. A student that has satisfactorily completed the prerequisite grade level 
in the local education agency in the sending state is 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 must enter the school in the receiving 
, state on that student's validated level from an accredited school in the sending state. 
§20105. Placement and attendance - Article 5 
1. Course placement. When a student transfers before or during the school year, the 
school in the receiving state shall 'initially honor placement of the student in educational 
courses based on the student's enrollment in the school in the sending state and any 
educational assessments conducted at the school in the sending state ifthe courses are 
offered. Course placement includes but is not limited to courses designated as "honors," 
"international baccalaureate," "advanced placement," ,"vocational," "technical" and 
"career pathways" courses. Continuing a student's academic program from a previous 
school and' promoting placement in academically and career challenging courses is 
paramount when considering placement. Nothing in this subsection precludes the school 
in the receiving state from performing subsequent evaluations to ensure appropriate 
placement and continued enrollment of the student in a course. 
2. Educational program placement. A school in a receiving state shall initially 
honor placement of a 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, including but not limited to gifted and talented 
programs and English as a Second Language programs. Nothing in this subsection 
precludes the school in the receiving state from performing subsequent evaluations to 
ensure appropriate placement of the student. 
3. Special education services. In compliance with: 
A. The requirements of the federal Individuals with Disabilities Education Act, 20 
. United States Code, Chapter 33, the receiving state shall initially provide comparable 
services to a student with disabilities based on the student's CllITent individualized 
education program; and 
B. The requirements of Section 504 of the Rehabilitation Act, 29 United States Code, 
6. 
Section 794, and with Title II of the Americans with Disabilities Act, 42 United 
States Code, Sections 12131 to 12165, the receiving state shall make reasonable 
accomniodations and modifications to address the· needs of incoming students with 
disabilities, subject to an existing plan under Section 504 of the Rehabilitation Act 
and the Americans with Disabilities Act or a federal Title II plan, to provide the 
student with equal access to education .. Nothing in this subsection precludes the 
school in· the receiving state from performing subsequent evaluations to ensure 
appropriate placement of the student. 
4. Placement flexibility. Local education agency administrative ~fficials may waive 
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course or· program prerequisites or other preconditions for placement in courses or 
programs offered under the jurisdiction of the local education agency. 
5.· Absence as related to deployment activities .. A student whose parent or legal 
guardian is an active duty member of the uniformed services, and has been called to duty 
for, is on leave from, or immediately r.eturned from deployment to a combat zone or 
combat support posting, must be granted additional excused absences at the discretion of 
the local education agency superintendent to visit with the student's parent or legal 
guardian relative to such leave or deployment of the parent or legal guardian. 
§20106. Eligibility for enrollment, extracurricular activities - Article 6 
1. 
Eligibility for enrollment. 
Eligibility for enrollment is governed by this 
subsection. 
A. Special power of attorney, relative to the guardianship of a child of a military 
family and executed under applicable law, is sufficient for the purposes of enrollment 
and all other actions requiring parental participation and consent. 
B. A local education agency may not charge local tuition to a transitioningichild of a· 
military family 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. 
C. A transitioning child of a military family, 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 the child was 
enrolled while residing with the custodial parent. 
2. Eligibility for extracurricular participation. State and local education agencies 
shall facilitate the opportunity for inclusion of a transitioningchild of a military family in 
extracurricular activities, regardless of application deadlines, to the extent that child is 
otherwise qualified. 
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§20107. Graduation - Article 7 
In order to facilitate the on-time graduation of a child of a military famiiy, states and 
local education agencies shall incorporate the procedures set forth in this section. 
1. 
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 If a waiver is not 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 course work so that graduation may occur on time. 
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2.· Exit examinations. 
States shall accept, in lieu of testing requirements for 
graduation in the receiving: state: 
A. 
Exit or end-of-course examinations required for graduation from the sending 
state; 
B. National norm-referenced achievement tests; or 
C. Alternative testing. 
If the alternatives set forth in ,paragraphs A to C cannot be accorllrnodated by the 
receiving state for a student transferring in the student's senior year of high school, then 
the provisions of subsection 3 apply. 
3. Transfers during senior year of high school. If a student transferring at the 
beginning or during the student's senior year of high school is ineligible to graduate from 
the receiving local education agency after all alternatives set forth in subsection 2 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 a'gency. In the event that one of 
the states in question is not a member of the compact, the member state shall use best 
efforts to facilitate the on-time graduation of the student in accordance with subsections 1 
and 2. ' 
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,§20108. State coordination - Article 8 
1. Establishment or designation of board, state council. Each member state shall, 
through the creation of a state councilor use of an existing body or board, provide for the 
coordination among its agencies of government, local education agencies and military 
installations c'oncerning the state's participation in, and compliance with, this compact 
and interstate commission activities., While each member state may determine the 
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membership of its own state council, its membership must include at least: 
A. The state superintendent of education; 
B .. The. superintendent of a school district with a high concentration of military 
children. A member state that does not have a school district considered to contain a 
high coilcentration of children of military families may appoint a superintendent from 
another school district to represent local education agencies on the state council; 
C. One representative from a military installation; 
D. 
One· representative each from· the legislative and executive branches of· 
government; and 
E. Other offices and stakeholder groups the state council determines appropriate; 
2. Military family education liaison. The state council shall appoint a military 
family education liaison to assist military families and the state in facilitating the 
implementation of this chapter. 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. 
3. 
Compact commissioner.· The compact corrumsslOner responsible for the 
administration and management of the state's participation in the compact must be 
appointed by the Governor or as otherwise determined by each member state. 
4. Ex officio members. The military family education liaison appointed pursuant to 
subsection 2 and the compact cOlmmssioner appointed pursuant to subsection 3 serve as 
ex officio members of the state council, unless either is already a full voting member of 
the state council. 
§20109. Interstate Commission on Educational Opportunity for Military Children -
Article 9 
The member states hereby create the Interstate COlmnission on Educational 
Opportunity for Military Children. The activities of the interstate corrumssion are th~ 
formation of public policy· and are a discretionary state function.' The interstate 
corrunission: 
1. Body corporate. Is a body corporate and joint agency of the member states and 
has all the responsibilities, powers and duties set forth in this section and such additiOllal 
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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; 
2. 
Voting representative. Consists of one interstate corrumsslon voting 
representative from each, member state who is that state's compact corrunissioner. 
A. 
Each member state represented at a meeting of the interstate corrunission is 
entitled to one vote. 
B. A majority of the total member states constitutes a quorum for the transaction of 
business, unless a larger quorum is required by the bylaws of the interstate 
corrumssion. 
C. A representative may not delegate a vote to another member state. If the compact 
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commissioner is unable to attend a meeting of the interstate corrunission, the 
Governor or state council may delegate voting 'authority to another person from its 
state for a specified meeting. 
D. 
The bylaws may provide for meetings of the interstate cOlmnission to be 
conducted by telecommunication or electronic communication; 
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3. Ex officio representatives. Consists of ex officio, nonvoting representatives who 
are members of interested organizatibns.These ex officio members, as defined in the 
bylaws, may include but are not limited to: 
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A. Membe~s oftherepreseritative organizations of military family advocates; 
B. Local education agency officials; 
C. Parent and teacher groups; 
D. The United States Department "of Defense; 
E. A national education cominission dedicated to helping states develop effective 
policy and practice for public education by. providing data, research, analysis and 
leadership; and 
F. 
Representatives from parties to interstate agreements on qualification of 
educational' personnel' and other interstate compacts affecting the education of 
children of military members; . 
4. Meetings. Meets at least once each calendar year. The chair may call additional 
meetings and, upon the request of a simple majority of the member states, must call 
additional meetings; . 
5. Executive committee. Shall establish an executive committee whose members 
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 serve 
one-year terms. Members of the executive committee are entitled to one vote each. The 
, executive committee has 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 considered necessary. The United States 
Department of Defense serves. as an ex officio, nonvoting member of the executive 
committee; 
6. Bylaws; rules. Shall establish bylaws and rules that provide for conditions and 
procedures under which the interstate commission makes its infonnation 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; 
7. Public notice. Shall give public notice of all meetings, and all meetings must be 
open to the public, except as set forth in the rules or as otherwise provided in the 
compact. The interstate commission and its conunittees may close a meeting, or portion 
of a meeting, when it determines by a 2/3 vote that an open meeting would be likely to: 
A. 
Relate solely to the interstate commission's internal personnel practices and 
procedures; 
B. Disclose matters specifically exempted from disclosure by federal and state law; 
C Disclose trade secrets or commercial or financial infonnation that is privileged or 
corifidential; 
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D. Involve accusing a person of a crime or fonnally censuring a person; 
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Disclose infonnation -ora personal nature when disclosure would constitute a 
clearly unwarranted invasion of personal privacy; 
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" F.Disclose investigative records compiled for law enforcement purposes; or 
G. Specifically relate to the interstate commission's participation in a civil action or 
other legal proceeding. 
For a meeting, or portion of a meeting, closed pursuant to this subsection, the interstate' 
commission's legal counselor designee shall certify that the meeting may be closed and 
shall reference each relevant exemptible provision. The interstate commission shall keep 
minutes that must fully and clearly describe all matters discussed in a meeting and 
provide a full and accurate summary of actions taken and the reasons for the actions, 
including a description of the views expressed and the record of a roll call vote. All 
documents considered in connection with an action must be identified in such minutes. 
All minutes and documents of a dosed meeting must remain under seal, subject to release 
by a majority vote of the interstate commission; 
8. 
Data collection. Shall collect standardized data concerning the educational 
transition of the children of military families under this compact as directed through the 
interstate commission's rules, which must specify the data to be collected, the means of ' 
collection and data exchange and reporting requirements. Such methods of data 
collection, exchange and reporting must, insofar as is reasonably possible, confonn to 
current technology and coordinate the interstate commission's infonnation functions with, 
the appropriate custodian of records as identified in the bylaws and rules; and 
9. 
Violations., Shall create a process that permits military officials, education 
officials and parents to infonn the interstate commission if and when there are alleged 
violations of the compact or the interstate commission's niles or when issues subject to 
' the jurisdiction of the compact or the interstate commission's rules are not addressed by 
the member state or local education agency. This section may not be construed to create a 
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private right of action against the Interstate Commission or any member state. 
§20110. Powers of the interstate commission - Article 10 
The interstate commission may: 
1. Dispute resolution. Provide for dispute resolution among member states; 
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2. 
Rules. Promulgate rules and take all necessary actions to effect the goals, 
purposes and obligations as enumerated in this compact. The rules have the force and 
effect of law and are binding in the member states to the extent and iri the manner 
provided in this compact; 
3. Advisory opinions. Issue, upon request of a member state, advisory opinions 
concerning the meaning or interpretation of the interstate compact and its bylaws, rules 
and actions; 
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4. Enforce compliance. 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; 
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5. Offices. Establish and maintain offices located within one or more of the member 
states; 
6. Insurance; bonds. Purchase and maintain insurance and bonds; 
7. Personnel. Borrow, accept, hire or contract for services of personnel; 
8. Committees. Establish and appoint committees, including, but not limited to, an 
executive committee as required by section 20109, subsection 5, which may acton behalf 
of the interstate commission in carrying out the cO!!1TI1i ssion' s powers and duties; 
9. 
Elect; appoint. Elect ·or appoint officers, attorneys, employees, agents or 
consultants, and fix their compensation, define their duties and determine their 
qualifications; and establish the interstate commission's personnel policies and programs 
relating to conflicts of interest, rates of compensation and qualifications of personnel; 
10. Donations; grants. Accept, receive, use and dispose of donations arid grants of 
money, equiJ?ment, supplies, materials and services; 
11. Acguire property .. Lease, purchase or accept contributions or donations oJ or 
otherwise own, hold, improve or use any property, real, personal or mixed; 
12. Dispose of property. Sell, convey, mortgage, pledge, lease, exchange, abandon 
or otherwise dispose of any property, real, personal or mixed; 
. 
13. Budget. Establish a budget and make expenditures; 
14. Seal. Adopt a seal and bylaws governing the management and operation of the 
interstate commission; 
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15. Report. Report annually to the legislatures, governors, judiciaries and state 
councils of the member states concerning the activities of the interstate commission 
during the preceding year. These reports must also include any recommendations that 
may have been adopted by the interstate commission; . 
16. Education. Coordinate education, training and public awareness regarding the 
compact and· its· implementation and operation for officials and parents· and legal 
guardians affected by the compact; 
.. Data. Establish uniform standards for the reporting, collecting and exchanging 
of data; 
18. 
Corporate books and records. Maintain corporate books and records III 
accordance with the bylaws; 
19. 
Additional functions. Perform such functions as may be necessary or 
appropriate to achieve the purposes of the compact; and 
20. Information. Provide for the unifonn collection and sharing of infonnation 
. between and among member states, schools and military families under the compact. 
§20111. Organization and operation of tb~ interstate. commission - Article 11 
1. Bylaws. 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: 
... 
A. Establishing the fiscal year of the interstate commission; 
B. 
Establishing an executive committee and such other committees as may be 
·10 
necessary; 
C. Providing for the establislunent of committees and for governing any general or 
specific delegation of authority or function of the interstate commission; 
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D. 
Providing reasonable procedures for calling and conducting meetings of the 
interstate commission and ensuring reasonable notice of each meeting; 
E. Establishing the titles and responsibilities of the officers and staff of the interstate 
commission; 
F. 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 
G.Providing rules for initial administration of the compact. 
2. 
Elect officers. The· interstate comnusslOn shall, by a majority vote· of the 
members, elect annually from among its members a chair, a vice-chair and a treasurer, 
each of whom has such authority and duties as may be specified in the bylaws. The chair 
or, in the chair's absence or disability, the vice-chair shall preside at all meetings of the 
interstate commission. The elected officers serve without compensation or remuneration 
. from the interstate commission except that subject to the availability of budgeted funds, 
the officers may be reimbursed for ordinary and necessary costs and expenses incurred by 
. them in the perfonnance of their responsibilities as officers of the interstate commission. 
3. Executive committee; powers and duties. The executive committee has those 
powers and duties 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 . 
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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. 
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4. Executive director. Subject to the approval of the interstate commission, the 
executive committee may appoint or retain an executive director for such period, upon 
such terms and conditions and for such compensation, as the interstate commission may 
consider appropriate. The executive director serves as secretary to the interstate 
commission, but is not a member of the interstate commission. The executive director 
shall hire and supervise such other persons as may be authorized by the interstate 
conU11ission. 
5. Immunity. The interstate commission's executive director and its employees and 
interstate commission representatives are iriunune from suit and liability in accordance 
with this subsection. 
A. The interstate commission's executive director and its employees are 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, enor 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 except that the interstate 
commission's executive director and its employees are not protected from suit or 
liability for damage, loss, injury or liability caused by the intentional or willful and 
wanton misconduct of such person. 
B. The liability of the interstate conunission'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. 
This subsection may riot be construed to protect the interstate commission's executive 
director and employees or interstate commission representatives from suit or liability 
for damage, loss, injury or liability caused by the intentional or willful and wanton 
misconduct of such person. 
C. 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 conunission representative, shall 
defend such interstate coimnission 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, as long as the actual or 
alleged act, error or omission did not result from intentional or willful and wanton 
misconduct on the part of such person. 
D. 
To the extent not covered by the state involved, member state or interstate 
conunission, the representatives or employees of the interstate commission must be 
heldharrnless in the amount of a settlement or judgment, including attorney's fees 
and costs, obtained against· the representatives or employees of the interstate 
commission 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, as long as the actual or 
alleged act, error or omission did not result from intentional or willful' and wanton 
misconduct on the part of such persons. 
§20112. Rul~-making functions of the interstate commission - Article 12 
1. Authority. The interstate 'commission shall promulgate reasonable rules in order 
to effectively and efficiently achieve the purposes of the compact; however, if the 
interstate commission exercises its rule-making authority in a manner that is beyond the 
scope of the purposes of this chapter or the powers granted under this chapter, then such 
an action by theintetstate commission is invalid and has no force or effect. 
'2. Procedure. Rules must be promulgated pursuant to' a rule-making process that 
substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, 
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Uniform Laws Anilotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the 
operations of the interstate commission. 
3. Judicial review. Not later than 30 days after a rule is promulgated, any person 
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may file a petition for judicial review of the rule. The filing of a petition pursuant to this 
subsection does not stay or otherwise prevent the rule from taking effect unless the court 
finds that the petitioner has a substantial likelihood of success. The court shall give 
deference to the actions of the interstate col11ll'lission consistent with applicable law and 
may not find the rule to be unlawful if the rule represents a reasonable exercise of the 
interstate commission's authority. 
4. 
Rejection by a majority of states. If a majority of the legislatures of the 
compacting states rejects a rule by enactment of a law or resolution in the same manner 
used to adopt the compact, then that rule has no further force and effect in any member 
state. 
§20113.· Oversight, enforcement and dispute resolution - Article,13 
1. Oversight. The executive, legislative and judicial branches of state government in 
each member state shall enforce the compact and shall take all actions necessary and 
appropriate to effectuate the compact!s purposes and intent. The provisions of the 
compact and the rules promulgated Under. this chapter have standing as statutory law. , 
All courts shall take judicial notice of the compact and the rules in any judicial or 
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administrative proceeding in a member state pertaining to the subject matter of the 
compact that may affect the powers, responsibilities or actions of the iriterstate 
commission. The interstate commission is entitled to receive all service' of process in any 
such proceeding and has standing to intervene in the proceeding for all purposes. Failure 
to provide service of process to the interstate commission renders a judgment or order 
void as. to the interstate commission, the compact or promulgated rules. 
2. Default. If the interstate commission determines that a member state has defaulted 
in the performance of its obligations or responsibilities under the compact or the bylaws 
or promulgated rules, the interstate commission shall: 
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A. 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; and 
B. Provide remedial training and specific technical assistance regarding the default. 
3. Failure to cure. If the defaulting state fails to cure the default, the· defaulting state 
must be terminated from the compact upon an affirmative vote of a majority of the 
member states and all rights, privileges and benefits conferred by the compact must be 
terminated from the effective date of termination. 
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- 4.· Cure; obligations or liabilities incurred during default. A cure of the default 
does not relieve the offending state of obligations or liabilities incurred during the period 
of the default. 
5. 
Suspension; termination. Suspension. or termination of membership· in the 
compact may be imposed only after all other. means of securing compliance have been 
exhausted. Notice of intent to suspend or terminate must 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. 
6. Responsibility after suspension; termination. The member 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 obhgations, the 
performance of which extends beyond the effective date of suspension or termination. 
7. Responsibility of commission. The interstate commission does 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. 
8. Appeal. 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 
must be awarded all costs of such litigation including reasonable attorney's fees: 
9. Dispute resolution; rules.· 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. 
The interstate commission shall promulgate a rule providing for both mediation and 
binding dispute resolution for disputes as appropriate. 
10. Enforcement. The interstate commission, in the reasonable exercise of its 
discretion, shall enforce the provisions and rules of this compact. 
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The interstate commission may by majority vote of the members irutiate legal action in 
the United States District Court for the District of Columbia or, at the discretion of the 
interstate commission, in the federal district where the interstate commission has its· 
principal offices, to enforce compliance with the provisions of the compact and its 
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promulgated rules and bylaws, against a member state in default. The relief sought may 
. include both injunctive relief and damages. In the event judicial enforcement is necessary, 
the prevailing party may be awarded ali costs of such litigation including reasonable 
attorney's fees. The remedies set f6rth in this subsection are not the exclusive remedies of 
the interstate commission. The interstate commission may avail itself of any other 
remedies available under state law or the regulation of a profession. 
. §20114. Financing "of the interstate commission - Article 14 
1. 
Payment for reasonable expenses. The interstate, commission shall pay, or 
provide for the payment of, the reasonable expenses of its establishment, organization and 
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ongoing activities. 
2. 
Assessment. The interstate COITIllllSSlOn 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 that must be in a total "amount sufficient to cover 
the interstate commission's annual budget as approved each year. The aggregate annual 
assessment amount must be allocated based upon a formula to be determined by the 
interstate commission, which shall promulgate a rule binding upon all member states. 
3. Incur obligations. The interstate commission may not incur obligations of any 
kind prior to securing the funds adequate to meet the same and may not pledge the credit 
of any of the member states, except by and with the authority of the member state. 
4. Accounts. The' interstate commission shall keep accurate accounts of all receipts 
and disbursements. The receipts and disbursements of the· interstate commission are 
,subject to the audit and accounting procedures established under its bylaws. All receipts 
and disbursements of funds handled by the interstate commission must be audited yearly 
by a certified or licensed public accountant, and the report of the audit must be included 
in and become part of the annual report of the interstate commission. 
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§20115. Member states, effective date 'and amendment - Article 15 
1., Eligibility. Any state is eligible to become a member state. 
2. 'Effective, date. The compact becomes effective and binding upon legislative 
enactment of th~ compact into law by no fewer than 10 of the states. The effective date 
may be no earlier than December 1, 2007; thereafter, it becomes 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 are invited to participate in the 
activities of the interstate commission on a nonvoting basis prior to adoption of the 
compact by all states. 
3. 
Amendments. The interstate COlTIlmSSlOn may propose amendments to the 
compact for enactment by the member states. An amendment is noteffective and binding 
upon the interstate commission and the member states until It is enacted into law by 
unanimous consent of the member states. 
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§201l6. Withdrawal and dissolution - Article 16 
1. Withdrawal. Withdrawal from the compact is governed by this subsection. 
A. Once effective, the compact continues in forte and remains binding upon each 
member .. state except that a member state may' withdraw from the compact by 
specifically repealing the statute that enacted the compact into law. 
B. The enactment by a member state of a law repealing the statute that enacted the 
compact does not take effect until one year after the effective date of that law and' 
until written notice of the withdrawal has been given by the withdrawing state to the' 
governor of each other member state. 
C. 
The withdrawing state shall immediately notify the chair 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 of 
notification from the withdrawing state. 
D. 
The withdrawing state is responsible for all assessments, obligations and 
liabilities incurred through the effective date of withdrawal, including obligations, the 
performance of which extend beyond the effective date of withdrawal. 
E. 
Reinstatement following withdrawal of a member. state occurs . upon the 
withdrawing state reenacting the compact or upon such later d~te as determined by 
the interstate commission. 
2. Dissolution of compact. This compact dissolves effective upon the date of the 
withdrawal or default of the member state that reduces the membership in the compact to 
one member state. 
3. 
Conclusion of affairs. Upon the dissolution of this compact, the compact 
becomes void and is of no further effect. The business and affairs of the interstate 
commission must be concluded, and surplus funds must be distributed in accordance with 
the bylaws. 
§20117. Severability and construction - Article 17 
1. Severability. The 'provisions of this compact are severable, and if any phrase, 
clause, sentence or provision is unenforceable, the remaining provisions- of the compact 
are enforceable. 
2. Construction. The provisions of this compact must be liberally construed to 
effectuate its purposes. Nothing in this compact may be construed to prohibit the 
applicability of other interstate compacts to which the states are members. 
§20118. Binding effect of compact and other laws - Article 18 
1. Other laws. Nothing in this chapter prevents the enforcement of any other law of 
a member state that is· not inconsistent with this chapter. All member states'. laws 
conflicting with this compact are superseded to the extent of the conflict. 
2. Binding effect of the compact. All lawful actions of the interstate. commission, 
including all rules and bylaws promulgated by the interstate commission, are binding 
upon the member states. All agreements between the interstate commission and the 
member states are binding in accordance with their terms. In the event any provision of 
the compact exceeds the constitutional limits imposed on the legislature of any member 
state, the provision is ineffective to the extent of the conflict with· the constitutional 
provision in: question in that member state. 
Sec. 2. JLegislative intent. The text and numbering of the Illterstate Compact on 
Educational Opportunity for Military Children have been changed to conform to Maine 
statutory conventions. The changes are technical in nature, and it is the. intent of the 
Legislature that this Act be interpreted as substantively the same as the original interstate 
cornpact. 
SUMMARY 
This bill enacts the Interstate Compact on Educational Opportunity for Military 
Children. 
Page .17 - 124LR0937(Ol)-1 
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