2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 66 - Interstate Compact on Educational Oppurtunity for Military Children › 3313 - Oversight, Enforcement, and Dispute Resolution.

§  3313.  Oversight,  enforcement,  and dispute resolution. 1. (a) 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.
(b) 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.
2. 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:
(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.
(b)  Provide  remedial  training  and  specific  technical  assistance
regarding the default.
(c) 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.
(d)  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.
(e) The state which has been suspended or  terminated  is  responsible
for  all  assessments,  obligations and liabilities incurred through the
effective date of suspension or termination including  obligations,  the
performance  of which extends beyond the effective date of suspension or
termination.
(f) 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.
(g)  The  defaulting  state  may  appeal  the action of the interstate
commission by petitioning the  United  States  district  court  for  the
District  of  Columbia  or  the  federal  district  where the interstate
commission has its principal offices.  The  prevailing  party  shall  be
awarded  all  costs  of  such litigation including reasonable attorney's
fees.
3. (a) 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.
(b)  The  interstate  commission shall promulgate a rule providing for
both  mediation  and  binding  dispute  resolution   for   disputes   as
appropriate.
4.  (a)  The  interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
(b) The interstate commission, may by majority vote  of  the  members,
initiate  legal  action  in  the  United  States  district court for the
District of Columbia or, at the discretion of the interstate commission,
in  the  federal  district  where  the  interstate  commission  has  its
principal  offices,  to  enforce  compliance  with the provisions of the
compact, its promulgated rules and bylaws, against  a  member  state  in
default.  The  relief  sought  may  include  both  injunctive relief and
damages. In the event judicial enforcement is necessary  the  prevailing
party shall be awarded all costs of such litigation including reasonable
attorney's fees.
(c)  The  remedies  herein  shall not be the exclusive remedies of the
interstate commission. The interstate commission may avail itself of any
other remedies  available  under  state  law  or  the  regulation  of  a
profession.