2023 District of Columbia Code › Title 49 - Military › Chapter 11 - Interstate Compact on Educational Opportunity for Military Children › § 49–1101.13. Oversight, enforcement, and dispute resolution

§ 49–1101.13. Oversight, enforcement, and dispute resolution.
(a)(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the Interstate Commission.
(3)(A) 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.
(B) 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)(1) 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; provided, that 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; and
(C) If the defaulting state fails to cure the default, terminate the defaulting state from the compact upon an affirmative vote of a majority of the member states, along with all rights, privileges, and benefits conferred by this compact from the effective date of termination.
(2) A cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of the default.
(3) 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 Mayor and the Council, and each of the member states.
(4) The state that has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
(5) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless it is otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(6) 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)(1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and which may arise among member states and between member and non-member states.
(2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(d)(1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) The Interstate Commission may, by majority vote of the members, initiate legal action in the United State 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, or its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
(May 1, 2013, D.C. Law 19-304, § 14, 60 DCR 2717.)