# N.D. Cent. Code § 15.1-04.1-01: 15.1-04.1-01. Compact on educational opportunity for military children

> North Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ND_T15.1_C15.1-04.1_S15.1-04.1-01

## Section

- **Citation:** N.D. Cent. Code § 15.1-04.1-01
- **Heading:** 15.1-04.1-01. Compact on educational opportunity for military children
- **Jurisdiction:** North Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ND Code / Title 15.1 / Chapter 15.1-04.1 / Section 15.1-04.1-01

## Text

15.1-04.1-01. Compact on educational opportunity for military children

The compact on educational opportunity for military children is entered with all jurisdictions

legally joining therein, in the form substantially as follows:

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 educational records

from a sending to a receiving school district or variations in entrance or age

requirements;

2. Facilitating the student placement process to ensure that 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 of children of military families 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

this compact;

6. Providing for the uniform collection and sharing of information among member states,

school districts, and military families under this compact;

7. Promoting coordination between this compact and other compacts affecting the

children of military families; and

8. Promoting flexibility and cooperation between the educational system, parents, and

the student in order to achieve educational success for the children of military families.

ARTICLE II - DEFINITIONS

As used in this compact, unless the context otherwise requires:

1. "Active duty" means full-time duty status in the active uniformed services of the United

States, including members of the national guard and reserve on active duty orders

pursuant to 10 U.S.C. 1209 and 1211.

2. "Children of military families" means school-aged children, enrolled in kindergarten

through grade twelve, in the household of an active duty member.

3. "Commission" means the commission that is created under article IX of this compact.

4. "Compact commissioner" means the voting representative of each compacting state

appointed pursuant to article VIII of this compact.

5. "Deployment" means the period one month before the service member's departure

from the home station on military orders through six months after return to the home

station.

6. "Educational records" means official records, files, and data directly related to a

student and maintained by the student's school or school district, 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.

7. "Extracurricular activities" means a voluntary activity sponsored by the school or

school district or an organization sanctioned by the school district, including

preparation for involvement in public performances, contests, athletic competitions,

demonstrations, displays, and club activities.

8. "Member state" means a state that has enacted this compact.

9. "Military installation" means a base, camp, post, station, yard, center, homeport facility

for any ship, or other facility under the jurisdiction of the department of defense,

including any leased facility that is located within a state. The term does not include

any facility used primarily for civil works, rivers and harbors projects, or flood control

projects.

10. "Nonmember state" means a state that has not enacted this compact.
mp, post, station, yard, center, homeport facility

for any ship, or other facility under the jurisdiction of the department of defense,

including any leased facility that is located within a state. The term does not include

any facility used primarily for civil works, rivers and harbors projects, or flood control

projects.

10. "Nonmember state" means a state that has not enacted this compact.

11. "Receiving state" means the state to which a child of a military family is sent, brought,

or caused to be sent or brought.

12. "Rule" means a written statement by the commission promulgated pursuant to

article XII of this compact which:

a. Is of general applicability;

b. Implements, interprets, or prescribes a policy or provision of the compact;

c. Is an organizational, procedural, or practice requirement of the commission;

d. Has the force and effect of law in a member state; and

e. Includes the amendment, repeal, or suspension of an existing rule.

13. "Sending state" means the state from which a child of a military family is sent, brought,

or caused to be sent or brought.

14. "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.

15. "Student" means the child of a military family who is formally enrolled in kindergarten

through grade twelve and for whom a school district receives public funding.

16. "Transition" means:

a. The formal and physical process of transferring from one school to another; or

b. The period of time during which a student moves from one school in the sending

state to another school in the receiving state.

17. "Uniformed services" means the army, navy, air force, marine corps, and coast guard,

and the commissioned corps of the national oceanic and atmospheric administration

and public health services.

18. "Veteran" means an individual who served in the uniformed services and who was

discharged or released therefrom under conditions other than dishonorable.

ARTICLE III - APPLICABILITY

1. Except as otherwise provided in subsection 2, this compact applies to the children of:

a. 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. 1209 and 1211;

b. 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

c. 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 the member's

death.

2. This compact only applies to school districts as defined in this compact.

3. This compact does not apply to the children of:

a. Inactive members of the national guard and military reserves;

b. Members of the uniformed services now retired, except as provided in

subsection 1;

c. Veterans of the uniformed services, except as provided in subsection 1; and

d. 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

1. If official educational 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 commission. Upon receipt of the unofficial

educational 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.
e parent a complete set of unofficial educational records containing uniform

information as determined by the commission. Upon receipt of the unofficial

educational 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.

2. Simultaneous with the enrollment and conditional placement of the student, the school

in the receiving state shall request the student's official educational records from the

school in the sending state. Upon receipt of this request, the school in the sending

state shall process and furnish the official educational records to the school in the

receiving state within ten days or within the time determined to be reasonable under

the rules promulgated by the commission.

3. Compacting states shall give thirty days from the date of enrollment, or the time

determined to be reasonable under the rules promulgated by the commission, for

students to obtain any immunization required by the receiving state. For a series of

immunizations, initial vaccinations must be obtained within thirty days or within the

time determined to be reasonable under the rules promulgated by the commission.

4. Students must be allowed to continue their enrollment at grade level in the receiving

state commensurate with their grade level in the sending state at the time of transition,

regardless of age. A student who satisfactorily has completed the prerequisite grade

level in the sending state is 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

calendar in the receiving state shall enter the school in the receiving state on the

validated level from the school in the sending state.

ARTICLE V - PLACEMENT AND ATTENDANCE

1. When a student transfers before or during the regular school calendar, the receiving

state school shall initially honor placement of the student in educational courses based

on the student's enrollment in the sending school or educational assessments

conducted at the school in the sending state, if the courses are offered. Course

placement includes honors, international baccalaureate, advanced placement, and

career and technical education courses. Continuing the student's academic program

from the sending school and promoting placement in 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.

2. a. The receiving school initially shall honor placement of the student in educational

programs based on current educational assessments conducted at the sending

school or based on placement in like programs in the sending school. Such

programs include gifted and talented programs and English language learner

programs. This does not preclude the receiving school from performing

subsequent evaluations to ensure appropriate placement of the student.

b. This subsection does not require a school district to create programs or offer

services that were not in place before the enrollment of the student unless the

programs or services are required by federal law.

3. a. In compliance with the Individuals With Disabilities Education Act [20 U.S.C. 1400

et seq.], the receiving school initially shall provide comparable services to a

student with disabilities based on the student's current individualized education

program; and

b. In compliance with the requirements of section 504 of the Rehabilitation Act

[29 U.S.C. 794] and with the Americans with Disabilities Act [42 U.S.C. 12131

et seq.], the receiving school shall make reasonable accommodations and
the receiving school initially shall provide comparable services to a

student with disabilities based on the student's current individualized education

program; and

b. In compliance with the requirements of section 504 of the Rehabilitation Act

[29 U.S.C. 794] and with the Americans with Disabilities Act [42 U.S.C. 12131

et seq.], the receiving school 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 receiving school from performing

subsequent evaluations to ensure appropriate placement of the student.

4. School district administrators have flexibility in waiving course or program

prerequisites and other preconditions for placement in courses or programs offered by

the district.

5. A student whose parent or legal guardian is an active duty member of the uniformed

services and has been called to duty for, is on leave from, or has immediately returned

from deployment to a combat zone or a combat support posting must be granted

additional excused absences by the school district superintendent to visit with the

student's parent or legal guardian relative to the leave or deployment of the parent or

guardian.

ARTICLE VI - ELIGIBILITY

1. Eligibility for enrollment:

a. A special power of attorney, relative to the guardianship of a child of a military

family and executed under applicable law is sufficient for the purposes of

enrollment and all other actions requiring parental participation and consent.

b. A school district may not charge tuition to a transitioning military child placed in

the care of a noncustodial parent or other individual standing in loco parentis who

lives in a school district other than that of the custodial parent.

c. A transitioning military child, placed in the care of a noncustodial parent or other

person standing in loco parentis who lives in a school district other than that of

the custodial parent, may continue to attend the school in which the child was

enrolled while residing with the custodial parent.

2. The superintendent of public instruction, school districts, and the North Dakota high

school activities association 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

To facilitate the on-time graduation of children of military families, the superintendent of

public instruction and school district administrators shall incorporate the following procedures:

1. School district administrators shall waive specific courses required for graduation if

similar coursework has been satisfactorily completed in another school district 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 receiving school district

shall provide an alternative means of acquiring required coursework so that graduation

may occur on time.

2. States must accept exit or end-of-course examinations required for graduation from

the sending state, national norm-referenced achievement tests, or alternative testing in

lieu of testing requirements for graduation in the receiving state. If these alternatives

cannot be accommodated by the receiving state for a student transferring in the

student's senior year, then subsection 3 applies.

3. Should a military student transferring at the beginning or during the student's senior

year be ineligible to graduate from the receiving school district after all alternatives

have been considered, the sending and receiving school districts shall ensure the

receipt of a diploma from the sending school district if the student meets the
n the

student's senior year, then subsection 3 applies.

3. Should a military student transferring at the beginning or during the student's senior

year be ineligible to graduate from the receiving school district after all alternatives

have been considered, the sending and receiving school districts shall ensure the

receipt of a diploma from the sending school district if the student meets the

graduation requirements of the sending school district. If 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 subsections 1 and 2.

ARTICLE VIII - STATE COORDINATION

1. Each member state, through the creation of a state council or use of an existing entity,

shall provide for the coordination among its state agencies, school districts, and

military installations concerning the state's participation in, and compliance with, this

compact and commission activities. While each member state may determine the

membership of its own state council, its membership must include at least the

superintendent of public instruction, a gubernatorial appointee who is the

superintendent of a school district with a high concentration of military children, a

representative from a military installation, one member of the legislative assembly

appointed by the chairman of the legislative management, a gubernatorial appointee

who represents the executive branch of government, and any other individuals or

group representatives that the state council determines appropriate. A member state

that does not have a school district determined to contain a high concentration of

military children may appoint a superintendent from another school district to represent

school districts on the state council.

2. 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; provided, however, in North Dakota, the appointment

shall be made by the adjutant general of the national guard.

3. The compact commissioner responsible for the administration and management of the

state's participation in the compact must be appointed by the governor or as otherwise

determined by each member state.

4. The compact commissioner and the military family education liaison are 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

1. The interstate commission on educational opportunity for military children is created.

2. The activities of the commission are the formation of public policy and are a

discretionary state function.

3. The commission is a body corporate and joint agency of the member states and has

all the responsibilities, powers, and duties set forth herein, and any additional powers

as may be conferred upon it by a subsequent concurrent action of the respective

legislatures of member states in accordance with the terms of this compact.

4. The commission consists of one commission voting representative from each member

state who must be that state's compact commissioner.

a. Each member state represented at a meeting of the commission is entitled to one

vote.

b. A majority of the total member states constitutes a quorum for the transaction of

business unless a larger quorum is required by the bylaws of the commission.

c. A representative may not delegate a vote to another member state. If the

compact commissioner is unable to attend a meeting of the commission, the

governor or state council may delegate voting authority to another person from

the state for a specified meeting.

d. The bylaws may provide for meetings of the commission to be conducted by

telecommunications or electronic communication.
ssion.

c. A representative may not delegate a vote to another member state. If the

compact commissioner is unable to attend a meeting of the commission, the

governor or state council may delegate voting authority to another person from

the state for a specified meeting.

d. The bylaws may provide for meetings of the commission to be conducted by

telecommunications or electronic communication.

5. The commission consists of ex officio, nonvoting representatives who are members of

interested organizations. Ex officio members, as defined in the bylaws, may include

members of the representative organizations of military family advocates, school

district officials, parent and teacher groups, the 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.

6. The commission shall meet at least once each calendar year. The chairman may call

additional meetings and, upon the request of a majority of the member states, shall

call additional meetings.

7. The commission shall establish an executive committee, whose members must

include the officers of the commission and any other members of the commission as

determined by the bylaws. Members of the executive committee shall serve a one-year

term. Members of the executive committee are entitled to one vote each. The

executive committee may act on behalf of the commission, with the exception of

rulemaking, during periods when the 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 compact, its bylaws and rules, and

other such duties as determined necessary. The department of defense is an ex officio

nonvoting member of the executive committee.

8. The commission shall establish bylaws and rules that provide for conditions and

procedures under which the commission shall make its information and official records

available to the public for inspection or copying. The commission may exempt from

disclosure information or official records to the extent they would adversely affect

personal privacy rights or proprietary interests.

9. The commission shall 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 commission and its committees may close a meeting, or portion thereof, when it

determines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the 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 that is privileged or

confidential;

d. Involve accusing a person of a crime or formally censuring a person;

e. Disclose information of a personal nature when disclosure would constitute a

clearly unwarranted invasion of personal privacy;

f. Disclose investigative records compiled for law enforcement purposes; or

g. Specifically relate to the commission's participation in a civil action or other legal

proceeding.

10. The commission shall 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 commission shall

keep minutes that fully and clearly describe all matters discussed in a meeting and

shall provide a full and accurate summary of actions taken, and the reasons therefore,

including a description of the views expressed and the record of a roll call vote. All

documents considered in connection with an action must be identified in the minutes.
osed pursuant to this provision. The commission shall

keep minutes that fully and clearly describe all matters discussed in a meeting and

shall provide a full and accurate summary of actions taken, and the reasons therefore,

including a description of the views expressed and the record of a roll call vote. All

documents considered in connection with an action must be identified in the minutes.

All minutes and documents of a closed meeting must remain under seal, subject to

release by a majority vote of the commission.

11. The 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, insofar as is reasonably possible, must conform to current technology and

coordinate its information functions with the appropriate custodian of records as

identified in the bylaws and rules.

12. The commission shall create a process that permits military officials, education

officials, and parents to inform the 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 subsection

does not create a private right of action against the commission, any member state, or

any school district.

ARTICLE X - POWERS AND DUTIES OF THE COMMISSION

The commission may:

1. Provide for dispute resolution among member states;

2. Adopt rules that have the force and effect of law and are binding in the compact states

to the extent and in the manner provided in this compact and take all necessary

actions to effect the goals, purposes, and obligations as enumerated in this compact;

3. Issue, upon request of a member state, advisory opinions concerning the meaning or

interpretation of the interstate compact, its bylaws, rules, and actions;

4. Monitor compliance with the compact provisions, the rules adopted by the commission,

and the bylaws;

5. Establish and maintain offices within one or more of the member states;

6. Purchase and maintain insurance and bonds;

7. Borrow, accept, hire, or contract for services of personnel;

8. Establish and appoint committees, including an executive committee as required by

article IX, which may act on behalf of the commission in carrying out its powers and

duties;

9. Elect or appoint officers, attorneys, employees, agents, and consultants and fix their

compensation; define their duties; determine their qualifications; and establish the

commission's personnel policies and programs relating to conflicts of interest, rates of

compensation, and qualifications of personnel;

10. Accept, receive, use, and dispose of donations and grants of money, equipment,

supplies, materials, and services;

11. Lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use any property, real, personal, or mixed;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of

any property;

13. Establish a budget and make expenditures;

14. Adopt a seal and bylaws governing the management and operation of the commission;

15. Report annually to the legislatures, governors, judiciary, and state councils of the

member states concerning the activities of the commission during the preceding year

and include any recommendations that were adopted by the commission;

16. Coordinate education, training, and public awareness regarding the compact, its

implementation, and operation for officials and parents involved in such activity;

17. Establish uniform standards for the reporting, collecting, and exchanging of data;

18. Maintain corporate books and records in accordance with the bylaws;
and include any recommendations that were adopted by the commission;

16. Coordinate education, training, and public awareness regarding the compact, its

implementation, and operation for officials and parents involved in such activity;

17. Establish uniform standards for the reporting, collecting, and exchanging of data;

18. Maintain corporate books and records in accordance with the bylaws;

19. Perform such functions as may be necessary or appropriate to achieve the purpose of

this compact; and

20. 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 COMMISSION

1. The commission, by a majority of the members present and voting, within twelve

months after the first commission meeting, shall adopt bylaws to govern its conduct as

may be necessary or appropriate to carry out the purposes of the compact, including:

a. Establishing the fiscal year of the commission;

b. Establishing an executive committee and such other committees as may be

necessary;

c. Providing for the establishment of committees and for governing any general or

specific delegation of authority or function of the commission;

d. Providing reasonable procedures for calling and conducting meetings of the

commission and ensuring reasonable notice of each meeting;

e. Establishing the titles and responsibilities of the officers and staff of the

commission;

f. Providing a mechanism for concluding the operations of the commission and the

return of surplus funds that may exist upon the termination of the compact after

the payment and reserving of all its debts and obligations; and

g. Providing startup rules for initial administration of the compact.

2. The commission, by a majority of the members, shall elect annually from among its

members a chairman, a vice chairman, and a treasurer, each of whom has the

authority and duties specified in the bylaws. The chairman or, in the chairman's

absence or disability, the vice chairman shall preside at all meetings of the

commission. The officers so elected serve without compensation or remuneration from

the commission; provided that, subject to the availability of budgeted funds, the officers

are entitled to be reimbursed for ordinary and necessary costs and expenses incurred

by them in the performance of their responsibilities as officers of the commission.

3. a. The executive committee has the authority and duties set forth in the bylaws,

including:

(1) Managing the affairs of the commission in a manner consistent with the

bylaws and purposes of the commission;

(2) Overseeing an organizational structure and appropriate procedures for the

commission to provide for the creation of rules, operating procedures, and

administrative and technical support functions; and
committee has the authority and duties set forth in the bylaws,

including:

(1) Managing the affairs of the commission in a manner consistent with the

bylaws and purposes of the commission;

(2) Overseeing an organizational structure and appropriate procedures for the

commission to provide for the creation of rules, operating procedures, and

administrative and technical support functions; and

(3) Planning, implementing, and coordinating communications and activities

with other state, federal, and local government organizations in order to

advance the goals of the commission.

b. The executive committee, subject to the approval of the commission, may appoint

or retain an executive director for such period, upon such terms and conditions,

and for such compensation as the commission determines appropriate. The

executive director shall serve as secretary to the commission but may not be a

member of the commission. The executive director shall hire and supervise such

other persons as may be authorized by the commission.

4. The commission's executive director and its employees are 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 commission employment,

duties, or responsibilities; provided, those individuals are not protected from suit or

liability for damage, loss, injury, or liability caused by their intentional or willful and

wanton misconduct.

a. The liability of the commission's executive director and employees or commission

representatives, acting within the scope of that individual's employment or duties

for acts, errors, or omissions occurring within that individual'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 commission is considered to be an

instrumentality of the states for the purposes of any such action. This subsection

does not protect an individual from suit or liability for damage, loss, injury, or

liability caused by the intentional or willful and wanton misconduct of the

individual.

b. The 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 a commission representative, shall defend a

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

commission employment, duties, or responsibilities, or that the defendant had a

reasonable basis for believing occurred within the scope of 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 the individual.

c. To the extent not covered by the state involved, member state, or the

commission, the representatives or employees of the commission must be held

harmless in the amount of a settlement or judgment, including attorney's fees and

costs, obtained against the individuals arising out of an actual or alleged act,

error, or omission that occurred within the scope of commission employment,

duties, or responsibilities, or that those individuals had a reasonable basis for

believing occurred within the scope of 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 those

individuals.

ARTICLE XII - RULEMAKING FUNCTIONS OF THE COMMISSION
ployment,

duties, or responsibilities, or that those individuals had a reasonable basis for

believing occurred within the scope of 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 those

individuals.

ARTICLE XII - RULEMAKING FUNCTIONS OF THE COMMISSION

1. The commission shall adopt reasonable rules in order to effectively and efficiently

achieve the purposes of this compact. If the commission exercises its rulemaking

authority in a manner that is beyond the scope of the purposes of this compact, or the

powers granted by this compact, then such an action by the commission is invalid and

has no force or effect.

2. Rules must be made pursuant to a rulemaking process that substantially conforms to

the Model State Administrative Procedure Act of the national conference of

commissioners on uniform state laws, as may be appropriate to the operations of the

commission.

3. Within thirty days after a rule is adopted, any person may file a petition for judicial

review of the rule; provided, that the filing of the petition does 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

commission consistent with applicable law and shall not find the rule to be unlawful if

the rule represents a reasonable exercise of the commission's authority.

4. 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 the rule

has no further force and effect in any compacting state.

ARTICLE XIII - OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

1. a. Each member state shall enforce this compact to effectuate the compact's

purposes and intent. The provisions of this compact and the rules promulgated

hereunder have standing as statutory law.

b. 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

commission.

c. The commission is entitled to receive all service of process in any proceeding and

has standing to intervene in the proceeding for all purposes. Failure to provide

service of process to the commission renders a judgment or order void as to the

commission, this compact, or adopted rules.

2. If the commission determines that a member state has defaulted in the performance of

its obligations or responsibilities under this compact, or the bylaws or adopted rules,

the commission shall:

a. Provide written notice to the defaulting state and other member states of the

nature of the default, the means of curing the default, and any action taken by the

commission, and specify the conditions by which the defaulting state must cure

its default; and

b. Offer technical assistance to the member state.

3. If the defaulting state fails to cure the default, the defaulting state shall terminate from

the compact upon an affirmative vote of a majority of the member states and all rights,

privileges, and benefits conferred by this compact are 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, except that in the

event of a default by this state, its total financial responsibility is limited to the amount

of its most recent annual assessment.

4. Suspension or termination of membership in the compact may be imposed only after

all other means of securing compliance have been exhausted. Notice of intent to

suspend or terminate must be given by the commission to the governor, the majority
cept that in the

event of a default by this state, its total financial responsibility is limited to the amount

of its most recent annual assessment.

4. Suspension or termination of membership in the compact may be imposed only after

all other means of securing compliance have been exhausted. Notice of intent to

suspend or terminate must be given by the commission to the governor, the majority

and minority leaders of the defaulting state's legislature, and each member state.

5. The state that has been suspended or terminated is responsible for all assessments,

obligations, and liabilities incurred through the effective date of suspension or

termination, to a maximum of five thousand dollars multiplied by the number of years

that the state has been a member of the compact. In the event that this state is

suspended or terminated, its total financial responsibility is limited to the amount of its

most recent annual assessment.

6. The commission may 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 commission and the defaulting

state.

7. The defaulting state may appeal the action of the commission by petitioning the United

States district court for the District of Columbia or the federal district where the

commission has its principal offices. The prevailing party must be awarded all costs of

such litigation, including reasonable attorney's fees.

8. The commission shall attempt, upon the request of a member state, to resolve

disputes that are subject to the compact and which may arise among member states

and between member and nonmember states. The commission shall adopt a rule

providing for mediation and binding dispute resolution for disputes as appropriate.

ARTICLE XIV - FINANCING OF THE COMMISSION

1. The commission shall pay, or provide for the payment of, the reasonable expenses of

its establishment, organization, and ongoing activities.

2. a. The commission may levy on and collect an annual assessment from each

member state to cover the cost of the operations and activities of the commission

and its staff which must be in a total amount sufficient to cover the commission's

annual budget as approved each year.

b. The aggregate annual assessment amount must be allocated based upon a

formula to be determined by the commission, which shall adopt a rule binding

upon all member states.

c. The annual assessment applicable to this state may not exceed an amount equal

to two dollars multiplied by the latest available number of children of military

families in this state.

d. This state may not be held liable for the payment of any special assessment or

any assessment other than the annual assessment in the amount established by

this subsection.

3. The commission may not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor may the commission pledge the credit of any of the

member states, except by and with the authority of the member state.

4. The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission are subject to the audit and accounting

procedures established under its bylaws. However, all receipts and disbursements of

funds handled by the commission must be audited yearly by a certified or licensed

public accountant and the report of the audit must be included in and become part of

the annual report of the commission.

ARTICLE XV - MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a member state.

2. The compact becomes effective and binding upon legislative enactment of the

compact into law by no less than ten states. The effective date may not be earlier than

December 1, 2007. Thereafter, the compact becomes effective and binding as to any
the annual report of the commission.

ARTICLE XV - MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a member state.

2. The compact becomes effective and binding upon legislative enactment of the

compact into law by no less than ten states. The effective date may not be earlier than

December 1, 2007. Thereafter, the compact becomes 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 must be invited to participate in the

activities of the commission on a nonvoting basis prior to adoption of the compact by

all states.

3. The commission may propose amendments to the compact for enactment by the

member states. No amendment may become effective and binding upon the

commission and the member states until the amendment is enacted into law by

unanimous consent of the member states.

ARTICLE XVI - WITHDRAWAL AND DISSOLUTION

1. a. Once effective, the compact continues in force and remains binding upon each

member state, provided that a member state may withdraw from the compact by

specifically repealing the statute that enacted the compact into law, except that in

the case of this state, withdrawal from the compact may also be accomplished by

statutorily allowing for the expiration of this Act.

b. Withdrawal from this compact must be by the enactment of a statute repealing

the compact, except that in the case of this state, withdrawal from the compact

may also be accomplished by statutorily allowing for the expiration of this Act.

c. The withdrawing state immediately shall notify the chairman of the commission in

writing upon the introduction of legislation repealing this compact in the

withdrawing state, except that if this state elects to withdraw from the compact by

statutorily allowing for the expiration of this Act, this state shall notify the chairman

of the commission when it becomes evident that the expiration will take effect.

The commission shall notify the other member states of the withdrawing state's

intent to withdraw within sixty days of receiving the notice.

d. The withdrawing state is responsible for all assessments, obligations, and

liabilities incurred through the effective date of withdrawal, to a maximum amount

equal to two dollars multiplied by the latest available number of children of military

families in this state.

e. Reinstatement following withdrawal of a member state occurs upon the

withdrawing state re-enacting the compact or upon such later date as determined

by the commission.

2. This compact dissolves effective upon the date of the withdrawal or default of the

member state which reduces the membership in the compact to one member state.

Upon the dissolution of this compact, the compact becomes null and void and is of no

further force or effect, and the business and affairs of the commission must be

concluded and surplus funds must be distributed in accordance with the bylaws.

ARTICLE XVII - SEVERABILITY AND CONSTRUCTION

1. The provisions of this compact are severable and if any phrase, clause, sentence, or

provision is determined unenforceable, the remaining provisions of the compact are

enforceable.

2. This compact must be liberally construed to effectuate its purposes.

3. Nothing in this compact prohibits the applicability of other interstate compacts to which

the states are members.

ARTICLE XVIII - BINDING EFFECT OF COMPACT AND OTHER LAWS

1. Nothing in this compact prevents the enforcement of any other law of a member state

that is not inconsistent with this compact. All member states' laws conflicting with this

compact are superseded to the extent of the conflict.

2. a. All lawful actions of the commission, including all rules and bylaws promulgated

by the commission, are binding upon the member states.

b. All agreements between the commission and the member states are binding in

accordance with their terms.
e

that is not inconsistent with this compact. All member states' laws conflicting with this

compact are superseded to the extent of the conflict.

2. a. All lawful actions of the commission, including all rules and bylaws promulgated

by the commission, are binding upon the member states.

b. All agreements between the commission and the member states are binding in

accordance with their terms.

c. If any provision of this compact exceeds the constitutional limits imposed on the

legislature of any member state, the provision is ineffective to the extent of the

conflict with the constitutional provision in question in that member state.

## Nearby sections

- [N.D. Cent. Code § 15.1-04.1-01 15.1-04.1-01. Compact on educational opportunity for military children](https://www.frixlaw.com/law-library/statutes/STATE_ND_T15.1_C15.1-04.1_S15.1-04.1-01.md)
- [N.D. Cent. Code § 15.1-04.1-02 15.1-04.1-02. Compact on educational opportunity for military children - State council - Appointment](https://www.frixlaw.com/law-library/statutes/STATE_ND_T15.1_C15.1-04.1_S15.1-04.1-02.md)
- [N.D. Cent. Code § 15.1-04.1-03 15.1-04.1-03. Compact commissioner - Appointment - Duties](https://www.frixlaw.com/law-library/statutes/STATE_ND_T15.1_C15.1-04.1_S15.1-04.1-03.md)
- [N.D. Cent. Code § 15.1-04.1-04 15.1-04.1-04. Military family education liaison - Appointment - Duties](https://www.frixlaw.com/law-library/statutes/STATE_ND_T15.1_C15.1-04.1_S15.1-04.1-04.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ND_T15.1_C15.1-04.1_S15.1-04.1-01. Check the current official text before relying on it. Not legal advice.