Pennsylvania Code › Title 22 - EDUCATION › Part XXI - Interstate Compacts › Chapter 721 - INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN › Article XIII - Oversight, Enforcement, and Dispute Resolution

Current through Register Vol. 54, No. 28, July 13, 2024
Oversight
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 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.
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 including obligations, the performance of which extends beyond
				the effective date of suspension or termination.
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.
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.
Enforcement
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 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.
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.