[§311D-1] Enactment of compact. The interstate compact on educational opportunity for military children is hereby enacted into law and entered into by the State of Hawaii as a party, and is in full force and effect between the State and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows:
ARTICLE I
PURPOSE
The purpose of this compact is to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
"Active duty" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 United States Code section 101(d)(1) and section 101(d)(6)(A).
"Appropriate education agency" means a public authority legally constituted by a state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions.
"Children of military families" means school-aged children, enrolled in kindergarten through twelfth grade, in the households of active duty members.
"Compact" means the interstate compact on educational opportunity for military children.
"Compact commissioner" means the voting representative of each compacting state appointed pursuant to article VIII of this compact.
"Deployment" means the period of three months prior to the service members' departure from their home station on military orders through six months after return to their home station.
"Education records" means those official records, files, and data directly related to a student and maintained by the school or appropriate education agency, including 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.
"Extracurricular activities" means a voluntary activity sponsored by the school or appropriate education agency or an organization sanctioned by the appropriate education agency. Extracurricular activities include preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.
"Interstate commission on educational opportunity for military children" or "interstate commission" means the commission that is created under article IX of this compact.
"Local education agency" means a public authority legally constituted by a state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions.
"Member state" means a state that has enacted this compact.
"Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other facility under the jurisdiction of the United States 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 United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other United States territory. The term shall not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
"Non-member state" means a state that has not enacted this compact.
"Receiving state" means the state to which a child of a military family is sent, brought, or caused to be sent or brought.
"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, has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
"Sending state" means the state from which a child of a military family is sent, brought, or caused to be sent or brought.
"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 Northern Marianas Islands, and any other United States territory.
"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.
"Student financial obligation" means any unpaid or outstanding fines or fees.
"Transition" means the formal and physical process of transferring from school to school, or the period of time in which a student moves from one school in the sending state to another school in the receiving state.
"Uniformed service" 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.
"Veteran" means a person who served in the uniformed services and who was discharged or released therefrom under honorable conditions.
ARTICLE III
APPLICABILITY
(a) Except as otherwise provided in subsection (b), this compact shall apply to the children of:
(b) This interstate compact shall only apply to appropriate education agencies as defined in this compact.
(c) The provisions of this compact shall not apply to the children of:
ARTICLE IV
EDUCATIONAL RECORDS AND ENROLLMENT
(a) Unofficial or "hand-carried" education records. If 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 education 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 and transcripts. Simultaneous 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 shall process and furnish the official education records to the school in the receiving state within ten business days or within such time as is reasonably determined under the rules promulgated by the interstate commission.
(c) Immunizations. Compacting states shall give thirty 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 immunizations required by the receiving state. For a series of immunizations, initial vaccinations shall be obtained within thirty days or within such time as is reasonably determined under the rules promulgated by the interstate commission. This section shall not prohibit state department of health requirements concerning tuberculosis examinations.
(d) Kindergarten and first grade entrance age. Students shall continue their enrollment at a grade level in the receiving state commensurate with their grade level (including kindergarten) from an appropriate 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 appropriate education agency in the sending state shall be eligible for enrollment in the next higher 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 the student's validated level from an accredited school in the sending state.
ARTICLE V
PLACEMENT AND ATTENDANCE
(a) Course placement. If 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 or educational assessments conducted at the school in the sending state if the courses are offered or both; provided that these programs exist in the receiving state school. Course placement includes but is not limited to honors, international baccalaureate, advanced placement, vocational, technical, and career pathways 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 subsection shall 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. The receiving state school may allow the student to attend similar educational courses within the school district if the receiving state school does not offer such educational courses.
(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 and placement in like programs in the sending state; provided that these programs exist in the receiving state school. The programs include but are not limited to gifted and talented programs and English as a second language programs. This subsection shall not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. The receiving state school may allow the student to attend similar educational courses within the school district if the receiving state school does not offer such educational programs.
(c) Special education services:
(d) Placement flexibility. Appropriate education agency administrative officials shall have flexibility in waiving a course or program prerequisite, or other precondition for placement in courses or programs offered under the jurisdiction of the appropriate 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 appropriate education agency superintendent to visit with the student's parent or legal guardian relative to such leave or deployment of the parent or guardian.
ARTICLE VI
ELIGIBILITY
(a) Eligibility for enrollment:
(b) Eligibility for extracurricular participation. State education agencies and appropriate education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent the children are otherwise qualified and space is available in the receiving state school as determined by the principal.
ARTICLE VII
GRADUATION
To facilitate the on-time graduation of children of military families, state and appropriate education agencies shall incorporate the following procedures:
ARTICLE VIII
STATE COORDINATION
(a) Each member state, through the creation of a state council or use of an existing body or board, shall provide for the coordination among its agencies of government, appropriate 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 state council, its membership shall include at least the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the state council deems appropriate. 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 appropriate education agencies on the state council.
(b) 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.
(c) The compact commissioner responsible for the administration and management of the state's participation in the compact shall be recommended by the superintendent of education with the approval of the board of education.
(d) 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
(a) 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:
(b) 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 vote that an open meeting would be likely to:
(c) For a meeting, or portion of a meeting, closed pursuant to subsection (b), the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempt 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 roll call votes. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission.
(d) 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. The methods of data collection, exchange, and reporting, as is reasonably possible, shall conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.
(e) 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 appropriate education agency. This section shall not be construed to create a private right of action against the interstate commission, any member state, or any state education agency or appropriate education agency.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
ARTICLE XI
ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION
(a) The interstate commission, by a majority of the members present and voting, within twelve months after the first interstate commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including:
(b) The interstate commission, by a majority of the members, shall 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 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 incurred by them in the performance of their responsibilities as officers of the interstate commission.
(c) The executive committee shall have such authority and duties as may be set forth in the bylaws, including:
(d) The executive committee, subject to the approval of the interstate commission, may 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.
(e) 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 wilful and wanton misconduct of such person:
(f) The compact commissioner and any person representing the state in the interstate commission, in their individual or official capacity, and the member state, shall be immune from suit and liability caused by or arising out of actions, errors, or omissions of the interstate commission.
ARTICLE XII
RULEMAKING FUNCTIONS OF THE INTERSTATE
COMMISSION
(a) The interstate commission shall promulgate reasonable rules 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 compact, then the 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, as may be appropriate to the operations of the interstate commission.
(c) Not later than thirty 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 manner used to adopt this compact, then such rule shall have no further force and effect in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
(a) Oversight:
(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:
(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 shall 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.
(h) Dispute resolution:
(i) Enforcement:
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 shall 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 rules 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 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. 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 non-member states or their designees shall be invited to participate in the activities of the interstate commission on a non‑voting 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:
(b) Dissolution of compact:
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:
(b) Binding effect of the compact: