CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5248
61st Legislature
2009 Regular SessionPassed by the Senate April 20, 2009 YEAS 43  NAYS 1
________________________________________ President of the Senate Passed by the House April 13, 2009 YEAS 98  NAYS 0
________________________________________ Speaker of the House of Representatives
| | CERTIFICATE I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5248 as passed by the Senate and the House of Representatives on the dates hereon set forth.
________________________________________ Secretary |
Approved
________________________________________ Governor of the State of Washington | | FILED
Secretary of State State of Washington |
_____________________________________________
SUBSTITUTE SENATE BILL 5248
_____________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2009 Regular SessionState of Washington | 61st Legislature | 2009 Regular Session |
By Senate Ways & Means (originally sponsored by Senators Hobbs, King, McAuliffe, Brown, Kauffman, Holmquist, Tom, Shin, Hewitt, Brandland, McDermott, Jarrett, Kilmer, Haugen, and Roach)READ FIRST TIME 03/02/09.
AN ACT Relating to the interstate compact on educational
opportunity for military children; amending RCW 28A.225.330,
28A.225.160, 28A.185.030, 28A.180.040, 28A.225.210, and 28A.225.225;
adding a new section to chapter 28A.225 RCW; and adding a new chapter
to Title 28A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
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:
A. 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 districts or variations in entrance and age requirements;
B. 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;
C. Facilitating the qualification and eligibility for enrollment,
educational programs, and participation in extracurricular academic,
athletic, and social activities;
D. Facilitating the on-time graduation of children of military
families;
E. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact;
F. Providing for the uniform collection and sharing of information
between and among member states, schools, and military families under
this compact;
G. Promoting coordination between this compact and other compacts
affecting military children; and
H. 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:
A. "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 U.S.C.
Secs. 1209 and 1211.
B. "Children of military families" means school-aged children,
enrolled in kindergarten through twelfth grade, in the household of an
active duty member.
C. "Compact commissioner" means the voting representative of each
compacting state appointed pursuant to Article VIII of this compact.
D. "Deployment" means the period one month prior to the service
members' departure from their home station on military orders through
six months after return to their home station.
E. "Education records" or "educational 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.
F. "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.
G. "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 the interstate commission.
H. "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.
I. "Member state" means a state that has enacted this compact.
J. "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity 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 U.S.
Virgin Islands, Guam, American Samoa, the Northern Marianas 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.
K. "Nonmember state" means a state that has not enacted this
compact.
L. "Receiving state" means the state to which a child of a
military family is sent, brought, or caused to be sent or brought.
M. "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 statutory law in a member state, and includes the amendment, repeal,
or suspension of an existing rule.
N. "Sending state" means the state from which a child of a
military family is sent, brought, or caused to be sent or brought.
O. "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 Marianas Islands, and any other U.S.
territory.
P. "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.
Q. "Transition" means: (1) The formal and physical process of
transferring from school to school; or (2) the period of time in which
a student moves from one school in the sending state to another school
in the receiving state.
R. "Uniformed services" means the army, navy, air force, marine
corps, and coast guard, as well as the commissioned corps of the
national oceanic and atmospheric administration, and public health
services.
S. "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 section 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 reserve on
active duty orders pursuant to 10 U.S.C. Secs. 1209 and 1211;
2. Members or veterans of the uniformed services who are severely
injured and medically discharged or retired for a period of one 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 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 section A of this article;
3. Veterans of the uniformed services, except as provided in
section A of this article; and
4. Other U.S. 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 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 will process and furnish the
official education records to the school in the receiving state within
ten days or within such time as is reasonably determined under the
rules promulgated by the interstate commission. However, if the
student has an unpaid fine at a public school or unpaid tuition, fees,
or fines at a private school, then the sending school shall send the
information requested but may withhold the official transcript until
the monetary obligation is met.
C. Immunizations – On or before the first day of attendance, the
parent or guardian must meet the immunization documentation
requirements of the Washington board of health. 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 must be obtained within thirty days or within such
time as is reasonably determined under the rules promulgated by the
interstate commission.
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 who 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 his or her 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
and if space is available, as determined by the school district.
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 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 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 and if space is available, as determined by the school
district. Such programs 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. Sec. 1400 et seq., the receiving state shall initially
provide comparable services to a student with disabilities based on his
or her current Individualized Education Program (IEP); and (2) in
compliance with the requirements of section 504 of the rehabilitation
act, 29 U.S.C. Sec. 794, and with Title II of the Americans with
disabilities act, 42 U.S.C. Secs. 12131-12165, the receiving state
shall make reasonable 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 and program
prerequisites, or other preconditions for placement in courses and
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 this 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 or she was enrolled while residing
with the custodial parent.
B. Eligibility for extracurricular participation - Under RCW
28A.225.280, the Washington interscholastic activities association 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 and space is available, as determined by the school
district.
ARTICLE VII GRADUATION
In order to facilitate the on-time graduation of children of
military families, states and local education agencies shall
incorporate the following procedures:
A. Waiver requirements – Local education agency administrative
officials shall waive specific courses required for graduation if
similar coursework has been satisfactorily completed in another local
education agency or shall provide reasonable justification for denial.
Should a waiver not be granted to a student who would qualify to
graduate from the sending school, the local education agency shall use
best efforts to provide an alternative means of acquiring required
coursework so that graduation may occur on time.
B. Exit exams - For students entering high school in eleventh or
twelfth grade, states shall accept: (1) Exit or end-of-course exams
required for graduation from the sending state; or (2) national norm-referenced achievement tests; or (3) 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 section C of this article shall apply.
C. 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 sections A and B of this
article.
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: The state superintendent of public instruction, a
superintendent of a school district with a high concentration of
military children, a 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 local
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
appointed by the governor or as otherwise determined by each member
state. The governor is strongly encouraged to appoint a practicing K-12 educator as the compact commissioner.
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
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:
A. 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;
B. Consist of one interstate commission voting representative from
each member state who shall be that state's compact commissioner.
1. Each member state represented at a meeting of the interstate
commission is entitled to one vote.
2. 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.
3. 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.
4. The bylaws may provide for meetings of the interstate
commission to be conducted by telecommunication or electronic
communication;
C. 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 U.S.
department of defense, the education commission of the states, the
interstate agreement on the qualification of educational personnel, and
other interstate compacts affecting the education of children of
military members;
D. 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;
E. 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 a one-year term. 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 rule making, 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 U.S. department of defense shall serve as an ex
officio, nonvoting member of the executive committee;
F. 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;
G. Give public notice 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:
1. Relate solely to the interstate commission's internal personnel
practices and procedures;
2. Disclose matters specifically exempted from disclosure by
federal and state statute;
3. Disclose trade secrets or commercial or financial information
which is privileged or confidential;
4. Involve accusing a person of a crime, or formally censuring a
person;
5. Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement
purposes; or
7. Specifically relate to the interstate commission's
participation in a civil action or other legal proceeding;
H. Cause its legal counsel or designee to certify that a meeting
may be closed and shall reference each relevant exemptible provision
for any meeting, or portion of a meeting, which is closed pursuant to
this 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;
I. 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, in so
far 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;
J. 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:
A. To provide for dispute resolution among member states;
B. 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 statutory law and shall be
binding in the compact states to the extent and in the manner provided
in this compact;
C. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact, its
bylaws, rules, and actions;
D. To enforce compliance with the compact provisions, the rules
promulgated by the interstate commission, and the bylaws, using all
necessary and proper means, including but not limited to the use of
judicial process;
E. To establish and maintain offices which shall be located within
one or more of the member states;
F. To purchase and maintain insurance and bonds;
G. To borrow, accept, hire, or contract for services of personnel;
H. To establish and appoint committees including, but not limited
to, an executive committee as required by Article IX, section E of this
compact, which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties hereunder;
I. 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;
J. To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose
of it;
K. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use any property, real, personal,
or mixed;
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal, or mixed;
M. To establish a budget and make expenditures;
N. To adopt a seal and bylaws governing the management and
operation of the interstate commission;
O. 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;
P. To coordinate education, training, and public awareness
regarding the compact, its implementation, and operation for officials
and parents involved in such activity;
Q. To establish uniform standards for the reporting, collecting,
and exchanging of data;
R. To maintain corporate books and records in accordance with the
bylaws;
S. To perform such functions as may be necessary or appropriate to
achieve the purposes of this compact; and
T. To provide for the uniform collection and sharing of
information between and among member states, schools, and military
families under this compact.
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 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;
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
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. 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.
1. 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.
2. 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.
3. 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 attorneys' 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 RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. Rule-making authority - 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 rule-making
authority in a manner that is beyond the scope of the purposes of this
compact, or the powers granted hereunder, then such an action by the
interstate commission shall be invalid and have no force or effect.
B. Rule-making procedure - Rules shall be made pursuant to a rule-making process that substantially conforms to the "model state
administrative procedure act," of 1981, 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 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 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 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.
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
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 attorneys' 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 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, and 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 attorneys' 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 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 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 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 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 extend
beyond the effective date of withdrawal.
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 conflict with
the constitutional provision in question in that member state.
Sec. 2 RCW 28A.225.330 and 2006 c 263 s 805 are each amended to
read as follows:
(1) When enrolling a student who has attended school in another
school district, the school enrolling the student may request the
parent and the student to briefly indicate in writing whether or not
the student has:
(a) Any history of placement in special educational programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent behavior, or behavior listed in RCW
13.04.155;
(d) Any unpaid fines or fees imposed by other schools; and
(e) Any health conditions affecting the student's educational
needs.
(2) The school enrolling the student shall request the school the
student previously attended to send the student's permanent record
including records of disciplinary action, history of violent behavior
or behavior listed in RCW 13.04.155, attendance, immunization records,
and academic performance. If the student has not paid a fine or fee
under RCW 28A.635.060, or tuition, fees, or fines at approved private
schools the school may withhold the student's official transcript, but
shall transmit information about the student's academic performance,
special placement, immunization records, records of disciplinary
action, and history of violent behavior or behavior listed in RCW
13.04.155. If the official transcript is not sent due to unpaid
tuition, fees, or fines, the enrolling school shall notify both the
student and parent or guardian that the official transcript will not be
sent until the obligation is met, and failure to have an official
transcript may result in exclusion from extracurricular activities or
failure to graduate.
(3) Upon request, school districts shall furnish a set of
unofficial educational records to a parent or guardian of a student who
is transferring out of state and who meets the definition of a child of
a military family in transition under section 1, Article II of this
act. School districts may charge the parent or guardian the actual
cost of providing the copies of the records.
(4) If information is requested under subsection (2) of this
section, the information shall be transmitted within two school days
after receiving the request and the records shall be sent as soon as
possible. The records of a student who meets the definition of a child
of a military family in transition under section 1, Article II of this
act shall be sent within ten days after receiving the request. Any
school district or district employee who releases the information in
compliance with this section is immune from civil liability for damages
unless it is shown that the school district employee acted with gross
negligence or in bad faith. The professional educator standards board
shall provide by rule for the discipline under chapter 28A.410 RCW of
a school principal or other chief administrator of a public school
building who fails to make a good faith effort to assure compliance
with this subsection.
(((4))) (5) Any school district or district employee who releases
the information in compliance with federal and state law is immune from
civil liability for damages unless it is shown that the school district
or district employee acted with gross negligence or in bad faith.
(((5))) (6) When a school receives information under this section
or RCW 13.40.215 that a student has a history of disciplinary actions,
criminal or violent behavior, or other behavior that indicates the
student could be a threat to the safety of educational staff or other
students, the school shall provide this information to the student's
teachers and security personnel.
Sec. 3 RCW 28A.225.160 and 2006 c 263 s 703 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section and
otherwise provided by law, it is the general policy of the state that
the common schools shall be open to the admission of all persons who
are five years of age and less than twenty-one years residing in that
school district. Except as otherwise provided by law or rules adopted
by the superintendent of public instruction, districts may establish
uniform entry qualifications, including but not limited to birth date
requirements, for admission to kindergarten and first grade programs of
the common schools. Such rules may provide for exceptions based upon
the ability, or the need, or both, of an individual student. For the
purpose of complying with any rule adopted by the superintendent of
public instruction that authorizes a preadmission screening process as
a prerequisite to granting exceptions to the uniform entry
qualifications, a school district may collect fees to cover expenses
incurred in the administration of any preadmission screening process:
PROVIDED, That in so establishing such fee or fees, the district shall
adopt ((regulations)) rules for waiving and reducing such fees in the
cases of those persons whose families, by reason of their low income,
would have difficulty in paying the entire amount of such fees.
(2) A student who meets the definition of a child of a military
family in transition under section 1, Article II of this act shall be
permitted to continue enrollment at the grade level in the common
schools commensurate with the grade level of the student when attending
school in the sending state as defined in section 1, Article II of this
act, regardless of age or birthdate requirements.
Sec. 4 RCW 28A.185.030 and 1984 c 278 s 13 are each amended to
read as follows:
Local school districts may establish and operate, either separately
or jointly, programs for highly capable students. Such authority shall
include the right to employ and pay special instructors and to operate
such programs jointly with a public institution of higher education.
Local school districts which establish and operate programs for highly
capable students shall adopt identification procedures and provide
educational opportunities as follows:
(1) In accordance with rules ((and regulations)) adopted by the
superintendent of public instruction, school districts shall implement
procedures for nomination, assessment and selection of their most
highly capable students. Nominations shall be based upon data from
teachers, other staff, parents, students, and members of the community.
Assessment shall be based upon a review of each student's capability as
shown by multiple criteria intended to reveal, from a wide variety of
sources and data, each student's unique needs and capabilities.
Selection shall be made by a broadly based committee of professionals,
after consideration of the results of the multiple criteria assessment.
(2) When a student, who is a child of a military family in
transition, has been assessed or enrolled as highly capable by a
sending school, the receiving school shall initially honor placement of
the student into a like program.
(a) The receiving school shall determine whether the district's
program is a like program when compared to the sending school's
program; and
(b) The receiving school may conduct subsequent assessments to
determine appropriate placement and continued enrollment in the
program.
(3) Students selected pursuant to procedures outlined in this
section shall be provided, to the extent feasible, an educational
opportunity which takes into account each student's unique needs and
capabilities and the limits of the resources and program options
available to the district, including those options which can be
developed or provided by using funds allocated by the superintendent of
public instruction for that purpose.
(4) The definitions in section 1, Article II of this act apply to
subsection (2) of this section.
Sec. 5 RCW 28A.180.040 and 2001 1st sp.s. c 6 s 4 are each
amended to read as follows:
(1) Every school district board of directors shall:
(((1))) (a) Make available to each eligible pupil transitional
bilingual instruction to achieve competency in English, in accord with
rules of the superintendent of public instruction((.));
(((2))) (b) Wherever feasible, ensure that communications to
parents emanating from the schools shall be appropriately bilingual for
those parents of pupils in the bilingual instruction program((.));
(((3))) (c) Determine, by administration of an English test
approved by the superintendent of public instruction the number of
eligible pupils enrolled in the school district at the beginning of a
school year and thereafter during the year as necessary in individual
cases((.));
(((4))) (d) Ensure that a student who is a child of a military
family in transition and who has been assessed as in need of, or
enrolled in, a bilingual instruction program, the receiving school
shall initially honor placement of the student into a like program.
(i) The receiving school shall determine whether the district's
program is a like program when compared to the sending school's
program; and
(ii) The receiving school may conduct subsequent assessments
pursuant to RCW 28A.180.090 to determine appropriate placement and
continued enrollment in the program;
(e) Before the conclusion of each school year, measure each
eligible pupil's improvement in learning the English language by means
of a test approved by the superintendent of public instruction((.));
and
(((5))) (f) Provide in-service training for teachers, counselors,
and other staff, who are involved in the district's transitional
bilingual program. Such training shall include appropriate
instructional strategies for children of culturally different
backgrounds, use of curriculum materials, and program models.
(2) The definitions in section 1, Article II of this act apply to
subsection (1)(d) of this section.
Sec. 6 RCW 28A.225.210 and 1990 c 33 s 235 are each amended to
read as follows:
Every school district shall admit on a tuition free basis: (1) All
persons of school age who reside within this state, and do not reside
within another school district carrying the grades for which they are
eligible to enroll: PROVIDED, That nothing in this ((section))
subsection shall be construed as affecting RCW 28A.225.220 or
28A.225.250; and (2) all students who meet the definition of children
of military families in transition under section 1, Article II of this
act who are in the care of a noncustodial parent or other person
standing in loco parentis and who lives in another state while the
parent is under military orders.
Sec. 7 RCW 28A.225.225 and 2008 c 192 s 1 are each amended to
read as follows:
(1) Except for students who reside out-of-state and students under
section 8 of this act, a district shall accept applications from
nonresident students who are the children of full-time certificated and
classified school employees, and those children shall be permitted to
enroll:
(a) At the school to which the employee is assigned;
(b) At a school forming the district's K through 12 continuum which
includes the school to which the employee is assigned; or
(c) At a school in the district that provides early intervention
services pursuant to RCW 28A.155.065 or preschool services pursuant to
RCW 28A.155.070, if the student is eligible for such services.
(2) A district may reject applications under this section if:
(a) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership;
(b) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(2)(b) must apply uniformly to both resident and nonresident
applicants; or
(c) Enrollment of a child under this section would displace a child
who is a resident of the district, except that if a child is admitted
under subsection (1) of this section, that child shall be permitted to
remain enrolled at that school, or in that district's kindergarten
through twelfth grade continuum, until he or she has completed his or
her schooling.
(3) Except as provided in subsection (1) of this section, all
districts accepting applications from nonresident students or from
students receiving home-based instruction for admission to the
district's schools shall consider equally all applications received.
Each school district shall adopt a policy establishing rational, fair,
and equitable standards for acceptance and rejection of applications by
June 30, 1990. The policy may include rejection of a nonresident
student if:
(a) Acceptance of a nonresident student would result in the
district experiencing a financial hardship;
(b) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership; or
(c) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(3)(c) must apply uniformly to both resident and nonresident
applicants.
For purposes of subsections (2)(a) and (3)(b) of this section,
"gang" means a group which: (i) Consists of three or more persons;
(ii) has identifiable leadership; and (iii) on an ongoing basis,
regularly conspires and acts in concert mainly for criminal purposes.
(4) The district shall provide to applicants written notification
of the approval or denial of the application in a timely manner. If
the application is rejected, the notification shall include the reason
or reasons for denial and the right to appeal under RCW 28A.225.230(3).
NEW SECTION. Sec. 8 A new section is added to chapter 28A.225
RCW to read as follows:
(1) A student shall be permitted to remain enrolled in the school
in which the student was enrolled while residing with the custodial
parent if the student:
(a) Meets the definition of a child of a military family in
transition under section 1, Article II of this act; and
(b) Is placed in the care of a noncustodial parent or guardian when
the custodial parent is required to relocate due to military orders.
(2) A nonresident school district shall not be required to provide
transportation to and from the school unless otherwise required by
state or federal law.
NEW SECTION. Sec. 9 By December 1, 2014, the state council,
created in accordance with section 1 of this act, shall conduct a
review of the implementation of the interstate compact on educational
opportunity for military children and recommend to the state
legislature whether Washington should continue to be a member of the
compact and whether any other actions should be taken.
NEW SECTION. Sec. 10 Sections 1 and 9 of this act constitute a
new chapter in Title 28A RCW.
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