Okla. Stat. tit. 70, § 70-510.1

Military Children.

The Interstate Compact on Educational Opportunity for Military

Children is hereby enacted into law and entered into with all

jurisdictions legally joining therein, in the form substantially as

follows:

INTERSTATE COMPACT ON EDUCATIONAL

OPPORTUNITY FOR MILITARY CHILDREN

ARTICLE I. PURPOSE

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:

1. 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(s) or variations in entrance/age requirements;

2. 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;

3. Facilitating the qualification and eligibility for enrollment,

educational programs, and participation in extracurricular academic,

athletic, and social activities;

4. Facilitating the on-time graduation of children of military

families;

5. Providing for the promulgation and enforcement of

administrative rules implementing the provisions of this compact;

6. Providing for the uniform collection and sharing of

information between and among member states, schools and military

families under this compact;

7. Promoting coordination between this compact and other

compacts affecting military children; and

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8. Promoting flexibility and cooperation between the

educational system, parents and the student in order to achieve

educational success for the student.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

1. “Active duty” means full-time duty status in the active

uniformed service of the United States, including members of the

National Guard and Military Reserve on active duty orders pursuant to

10 U.S.C., Sections 1209 and 1211;

2. “Children of military families” means a school-aged

child(ren), enrolled in Kindergarten through Twelfth grade, in the

household of an active duty member;

3. "Compact commissioner” means the voting representative of

each compacting state appointed pursuant to Article VIII of this

Compact;

4. “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;

5. “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;

6. “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;

7. “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;

8. “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 grade

public educational institutions;
cational Opportunity for

Military Children” means the commission that is created under

Article IX of this compact, which is generally referred to as

Interstate Commission;

8. “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 grade

public educational institutions;

9. “Member state” means a state that has enacted this compact;

10. “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.

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Virgin Islands, Guam, American Samoa, the Northern Mariana 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;

11. “Nonmember state” means a state that has not enacted this

compact;

12. “Receiving state” means the state to which a child of a

military family is sent, brought, or caused to be sent or brought;

13. “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 administrative rules in a member

state, and includes the amendment, repeal, or suspension of an

existing rule;

14. “Sending state” means the state from which a child of a

military family is sent, brought, or caused to be sent or brought;

15. “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 Mariana Islands and any other

U.S. Territory;

16. “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 grade;

17. “Transition” means:

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;

18. “Uniformed service(s)” 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; and

19. “Veteran” means a person who served in the uniformed

services and who was discharged or released therefrom under

conditions other than dishonorable.

ARTICLE III. APPLICABILITY

A. Except as otherwise provided in subsection B of this

article, 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 Military

Reserve on active duty orders pursuant to 10 U.S.C., Sections 1209 and

1211;

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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 subsection A of this article;
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 subsection A of this article;

3. Veterans of the uniformed services, except as provided in

subsection A of this article; and

4. Other United States Department of Defense personnel and

other federal agency civilian and contract employees not defined as

active duty members of the uniformed services.

ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT

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/transcripts - Simultaneously 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 immunization(s) 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.

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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.

ARTICLE V. PLACEMENT AND ATTENDANCE

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 and/or educational

assessments conducted at the school in the sending state if the

courses are offered. Course placement includes, but is not limited

to, Honors, International Baccalaureate, Advanced Placement,

vocational, technical and career pathway 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
the

courses are offered. Course placement includes, but is not limited

to, Honors, International Baccalaureate, Advanced Placement,

vocational, technical and career pathway 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 course(s).

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/placement in like programs in the

sending state. Such programs shall 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/her

current individualized education program (IEP).

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

through 12165, the receiving state shall make reasonable

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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/program

prerequisites, or other preconditions for placement in

courses/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.

ARTICLE VI. ELIGIBILITY

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/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
r 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/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.

ARTICLE VII. GRADUATION

A. In order to facilitate the on-time graduation of children of

military families, states and local education agencies shall

incorporate the following procedures:

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

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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.

2. Exit exams - States shall accept:

a. exit or end-of-course exams required for graduation

from the sending state,

b. national norm-referenced achievement tests, or

c. 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 subsection B of this article shall

apply.

B. 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

subsection A of this article and this subsection.

ARTICLE VIII. STATE COORDINATION

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:

1. The State Superintendent of Public Instruction;

2. The superintendent of a school district with a high

concentration of military children;

3. A representative from a military installation;

4. One representative each from the legislative and executive

branches of government; and

5. Other offices and stakeholder groups the State Council deems

appropriate.

B. 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.

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C. 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.

D. 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.
e 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.

D. 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.

E. 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.

ARTICLE IX. INTERSTATE COMMISSION ON

EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

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:

1. 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;

2. Consist of one Interstate Commission voting representative

from each member state who shall be that state’s compact

commissioner.

a. Each member state represented at a meeting of the

Interstate Commission is entitled to one vote.

b. 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.

c. 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.

d. The bylaws may provide for meetings of the Interstate

Commission to be conducted by telecommunication or

electronic communication;

3. 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

United States Department of Defense, the Education Commission of the

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States, the Interstate Agreement on the Qualification of Educational

Personnel and other interstate compacts affecting the education of

children of military members;

4. 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;

5. 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 one-year terms.

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 United States

Department of Defense shall serve as an ex officio, nonvoting member

of the executive committee;

6. Establish bylaws and rules that provide for conditions and

procedures under which the Interstate Commission shall make its
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 United States

Department of Defense shall serve as an ex officio, nonvoting member

of the executive committee;

6. 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;

7. Public notice shall be given by the Interstate Commission 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 (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 statute,

c. disclose trade secrets or commercial or financial

information which is privileged or confidential,

d. involve accusing a person of a crime, or formally

censuring a person,

e. disclose information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

f. disclose investigative records compiled for law

enforcement purposes, or

Oklahoma Statutes - Title 70. Schools Page 1028

g. specifically relate to the Interstate Commission’s

participation in a civil action or other legal

proceeding;

8. For a meeting, or portion of a meeting, closed pursuant to

this provision, the Interstate Commission’s legal counsel or

designee shall certify that the meeting may be closed and shall

reference each relevant exemptible 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;

9. The Interstate Commission shall 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; and

10. The Interstate Commission shall 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 or any member state.

ARTICLE X. POWERS AND DUTIES

OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

1. To provide for dispute resolution among member states;

2. 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 administrative rules
or any member state.

ARTICLE X. POWERS AND DUTIES

OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

1. To provide for dispute resolution among member states;

2. 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 administrative rules

and shall be binding in the compact states to the extent and in the

manner provided in this compact;

3. To issue, upon request of a member state, advisory opinions

concerning the meaning or interpretation of the interstate compact,

its bylaws, rules and actions;

4. To enforce compliance with the compact provisions, the rules

promulgated by the Interstate Commission, and the bylaws, using all

Oklahoma Statutes - Title 70. Schools Page 1029

necessary and proper means including, but not limited to, the use of

judicial process;

5. To establish and maintain offices which shall be located

within one or more of the member states;

6. To purchase and maintain insurance and bonds;

7. To borrow, accept, hire or contract for services of

personnel;

8. To establish and appoint committees including, but not

limited to, an executive committee as required by paragraph 5 of

Article IX, which shall have the power to act on behalf of the

Interstate Commission in carrying out its powers and duties

hereunder;

9. 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;

10. To accept any and all donations and grants of money,

equipment, supplies, materials, and services, and to receive,

utilize, and dispose of it;

11. To lease, purchase, accept contributions or donations of,

or otherwise to own, hold, improve or use any property, real,

personal, or mixed;

12. To sell, convey, mortgage, pledge, lease, exchange,

abandon, or otherwise dispose of any property, real, personal or

mixed;

13. To establish a budget and make expenditures;

14. To adopt a seal and bylaws governing the management and

operation of the Interstate Commission;

15. 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;

16. To coordinate education, training and public awareness

regarding the compact, its implementation and operation for

officials and parents involved in such activity;

17. To establish uniform standards for the reporting,

collecting and exchanging of data;

18. To maintain corporate books and records in accordance with

the bylaws;

19. To perform such functions as may be necessary or

appropriate to achieve the purposes of this compact; and

20. To provide for the uniform collection and sharing of

information between and among member states, schools and military

families under this compact.

Oklahoma Statutes - Title 70. Schools Page 1030

ARTICLE XI. ORGANIZATION AND

OPERATION OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall, by a majority of the

members present and voting, within twelve (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;
y 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

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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.

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. 1. 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.

2. 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
from suit or liability for damage, loss,

injury, or liability caused by the intentional or willful and wanton

misconduct of such person.

2. 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.

3. 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.

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4. 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 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.

ARTICLE XII. RULEMAKING FUNCTIONS

OF THE INTERSTATE COMMISSION

A. 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. Rules shall be made pursuant to a rulemaking process that

substantially conforms to the “Model State Administrative Procedure

Act” of 1981 Act, 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
antial 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.

ARTICLE XIII. OVERSIGHT,

ENFORCEMENT, AND DISPUTE RESOLUTION

A. 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

Oklahoma Statutes - Title 70. Schools Page 1033

the rules promulgated hereunder shall have standing as

administrative rules.

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

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

Oklahoma Statutes - Title 70. Schools Page 1034

agreed upon in writing between the Interstate Commission and the

defaulting state; and

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
homa Statutes - Title 70. Schools Page 1034

agreed upon in writing between the Interstate Commission and the

defaulting state; and

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 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

nonmember states.

2. The Interstate Commission shall promulgate a rule providing

for both mediation and binding dispute resolution for disputes as

appropriate.

D. 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 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.

ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION

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

Oklahoma Statutes - Title 70. Schools Page 1035

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.

ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

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 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 nonmember states or their designees shall

be invited to participate in the activities of the Interstate
legislative enactment of the compact into law by no less than ten 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 nonmember states or their designees shall

be invited to participate in the activities of the Interstate

Commission on a nonvoting 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.

ARTICLE XVI. WITHDRAWAL AND DISSOLUTION

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 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, but shall not take effect until one (1)

year after the effective date of such statute and until written

notice of the withdrawal has been given by the withdrawing state to

the Governor of each other member jurisdiction.

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, including obligations, the performance of which extends

beyond the effective date of withdrawal.

Oklahoma Statutes - Title 70. Schools Page 1036

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 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.

ARTICLE XVII. SEVERABILITY AND CONSTRUCTION

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.

ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other laws.

1. Nothing herein prevents the enforcement of any other law of

a member state that is not inconsistent with this compact.

2. All member states' laws conflicting with this compact are

superseded to the extent of the conflict.

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
es 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.