| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 70/) Educational Opportunity for Military Children Act. 105 ILCS 70/1 (105 ILCS 70/1)
Sec. 1. Short title. This Act may be cited as the Educational Opportunity for Military Children Act.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/5 (105 ILCS 70/5)
Sec. 5. Purpose. It is the purpose of this Act to remove barriers to educational success imposed on children of active duty military personnel because of frequent moves and deployment of their parents by: (1) facilitating the timely enrollment of children of | | active duty military personnel and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of educational records from the previous school district;
|
| (2) facilitating the student placement process
| | through which children of active duty military personnel are not disadvantaged by variations in attendance requirements, scheduling, sequencing, or assessment;
|
| (3) facilitating the qualification and eligibility
| | for enrollment and educational programs of children of active duty military personnel;
|
| (4) facilitating the on-time graduation of children
| | of active duty military personnel; and
|
| (5) promoting flexibility and cooperation between the
| | educational system, parents, and the student in order to achieve educational success for the student.
|
|
(Source: P.A. 98-673, eff. 6-30-14.)
|
105 ILCS 70/10 (105 ILCS 70/10)
Sec. 10. Findings; authority to enter into compact. The General Assembly finds and declares that this State recognizes that there is created an Interstate Commission on Educational Opportunity for Military Children through the Council of State Governments, in cooperation with the U.S. Department of Defense Office of Personnel and Readiness, for addressing the needs of students in transition. The Interstate Commission on Educational Opportunity for Military Children is a group of member states who have joined to create laws easing the transition of children of active duty military personnel. The Governor of this State is authorized and directed to enter into a compact governed by this Act on behalf of this State with any of the United States legally joining therein.
(Source: P.A. 98-673, eff. 6-30-14.) |
105 ILCS 70/15 (105 ILCS 70/15)
Sec. 15. Applicability. This Act applies only if the member states of the Interstate Commission on Educational Opportunity for Military Children approve this State as a member state with this Act governing.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/20 (105 ILCS 70/20)
Sec. 20. Definitions. For purposes of this Act: "Active duty military personnel" means active duty members of the uniformed military services, including any of the following: (1) Members of the National Guard and Reserve that | | are on active duty pursuant to 10 U.S.C. 1209 and 10 U.S.C. 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.
|
| (3) Members of the uniformed services who die on
| | active duty for a period of one year after death.
|
| "Non-custodial parent" means a person who has temporary custody of the child of any active duty military personnel and who is responsible for making decisions for that child.
"State Council" means the State Superintendent of Education or the State Superintendent's designee and additional individuals appointed by the Governor as provided under Section 40 of this Act.
(Source: P.A. 103-175, eff. 6-30-23.)
|
105 ILCS 70/25 (105 ILCS 70/25)
Sec. 25. Tuition for children of active duty military personnel who are transfer students. If a student who is a child of active duty military personnel is (i) placed with a non-custodial parent and (ii) as a result of placement, must attend a non-resident school district, then the student must not be charged the tuition of the school that the student attends as a result of placement with the non-custodial parent and the student must be counted in the calculation of average daily attendance under Section 18-8.05 or 18-8.15 of the School Code.
(Source: P.A. 100-465, eff. 8-31-17.) |
105 ILCS 70/30 (105 ILCS 70/30)
Sec. 30. Power of attorney for children of active duty military personnel. A student who has a parent who is active duty military personnel who must place the student with a non-custodial parent may submit a special power of attorney to the school district that authorizes the student (i) to enroll in the district of the non-custodial parent and (ii) have decisions made by the non-custodial parent. If a special power of attorney created pursuant to this Section is filed with the school district, then the school district must follow the direction of the special power of attorney.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/32 (105 ILCS 70/32) Sec. 32. Educational records for children of active duty military personnel. (a) In the event that official educational records cannot be released to 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 to the extent feasible. 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. This subsection (a) does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course or courses. (b) Simultaneous with the enrollment and conditional placement of a student, the school in the receiving state shall request the student's official educational record from the school in the sending state. Upon receipt of this request, the school in the sending state shall process and furnish the official educational records to the receiving state within 15 days.
(Source: P.A. 98-673, eff. 6-30-14.) |
105 ILCS 70/33 (105 ILCS 70/33) Sec. 33. Enrollment and entrance age for children of active duty military personnel. Students must be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including kindergarten) at the school in the sending state at the time of transition. A student who has satisfactorily completed the requisite grade level in the school in the sending state is eligible for enrollment in the next highest grade level in the receiving state. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state at his or her validated grade level at an accredited school in the sending state. This Section does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
(Source: P.A. 98-673, eff. 6-30-14.) |
105 ILCS 70/35 (105 ILCS 70/35)
Sec. 35. Course placement; program placement; placement flexibility; graduation; extracurricular activities; absences related to deployment activities for children of active duty military personnel. (a) If a student transfers before or during the school year, the school in the receiving state shall initially honor placement of the student in educational courses based on the student's enrollment in the school in the sending state or educational assessments conducted at the school in the sending state if the courses are offered and space is available. Course placement includes, but is not limited to, honors, International Baccalaureate, Advanced Placement, vocational, and technical and career pathways courses. Continuing the student's academic program from the school in the sending state and promoting placement in academically and career-challenging courses must be paramount when considering placement. This subsection (a) 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 or courses. (b) The receiving school shall initially honor the placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the school in the sending state. Such programs include, but are not limited to, gifted and talented programs and English as a Second Language (ESL). This subsection (b) does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. (c) The school district of a school shall have flexibility in waiving course or program prerequisites or other preconditions for placement in offered courses or programs. The school district of a school shall work with a transfer student to determine an appropriate schedule that ensures that a student will graduate, provided that the student has met the district's minimal graduation requirements, which may be modified provided that the modifications are a result of scheduling issues and not a result of the student's academic failure. (d) If a student transfers to a new school district during his or her senior year and the receiving school district cannot make reasonable adjustments under this Section to ensure graduation, then the school district shall make every reasonable effort to ensure that the school district from where the student transfers issues the student a diploma. (e) Schools shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, to the extent the children are otherwise qualified and space is available as determined by the school principal. (f) 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 combat-support posting must be granted additional absences, at the discretion of the school district's superintendent, to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.
(Source: P.A. 98-673, eff. 6-30-14.) |
105 ILCS 70/40 (105 ILCS 70/40)
Sec. 40. State coordination. (a) Each member state of the Interstate Commission on Educational Opportunity for Military Children 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 the compact and Interstate Commission activities. The State Council shall be comprised of (i) the State Superintendent of Education or the State Superintendent's designee and (ii) the following individuals, who shall be appointed by the Governor for State Council membership: (1) one member of the General Assembly, recommended | | by the Speaker of the House of Representatives;
|
| (2) one member of the General Assembly, recommended
| | by the Minority Leader of the House of Representatives;
|
| (3) one member of the General Assembly, recommended
| | by the President of the Senate;
|
| (4) one member of the General Assembly, recommended
| | by Minority Leader of the Senate;
|
| (5) a representative from a school district
| | associated with U.S. Army Garrison - Rock Island Arsenal having the highest percentage of students who are children of active duty military personnel;
|
| (6) a representative from a school district
| | associated with Scott Air Force Base having the highest percentage of students who are children of active duty military personnel;
|
| (7) a representative from a school district
| | associated with Naval Station Great Lakes having the highest percentage of students who are children of active duty military personnel; and
|
| (8) a representative recommended by each active-duty
| | military installation commander in this State.
|
| Members appointed to the State Council must reflect, as much as possible, the racial, ethnic, and geographic diversity of this State.
(b) The compact commissioner responsible for the administration and
management of the State's participation in the compact shall be
appointed by the Governor from the membership of the State Council.
(Source: P.A. 103-175, eff. 6-30-23.)
|
105 ILCS 70/45 (105 ILCS 70/45)
Sec. 45. Interstate Commission on Educational Opportunity for Military Children. (a) The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children". The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: (1) Be a body corporate and joint agency of the | | member states and shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.
|
| (2) Consist of one Interstate Commission voting
| | representative from each member state who shall be that state's compact commissioner.
|
| (A) Each member state represented at a meeting of
| | the Interstate Commission is entitled to one vote.
|
| (B) A majority of the total member states shall
| | constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
|
| (C) A representative shall not delegate a vote to
| | another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the State Council may delegate voting authority to another person from their state for a specified meeting.
|
| (D) The bylaws may provide for meetings of the
| | Interstate Commission to be conducted by telecommunication or electronic communication.
|
| (3) Consist of ex-officio, non-voting 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.
|
| (4) Meet at least once each calendar year. The
| | chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
|
| (5) Establish an executive committee, whose members
| | shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve 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 rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Department of Defense shall serve as an ex-officio, nonvoting member of the executive committee.
|
| (6) Establish bylaws and rules that provide for
| | conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
|
| (7) 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:
|
| (A) relate solely to the Interstate Commission's
| | internal personnel practices and procedures;
|
| (B) disclose matters specifically exempted from
| | disclosure by federal and state statute;
|
| (C) disclose trade secrets or commercial or
| | financial information which is privileged or confidential;
|
| (D) involve accusing a person of a crime or
| | formally censuring a person;
|
| (E) disclose information of a personal nature
| | where disclosure would constitute a clearly unwarranted invasion of personal privacy;
|
| (F) disclose investigative records compiled for
| | law enforcement purposes; or
|
| (G) specifically relate to the Interstate
| | Commission's participation in a civil action or other legal proceeding.
|
| (8) 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 therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.
|
| (9) Collect standardized data concerning the
| | educational transition of the children of military families under the 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 State custodian of educational records as identified in the rules.
|
| (10) 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.
|
| (b) The Interstate Commission shall have the following powers:
(1) To provide for dispute resolution among member
| | (2) To promulgate rules and take all necessary
| | actions to effect the goals, purposes, and obligations as enumerated in the compact. The rules shall be binding in the compact states to the extent and in the manner provided in this Act. These rules are not effective or enforceable in this State until enacted into law in this State.
|
| (3) To issue, upon request of a member state,
| | advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions.
|
| (4) To enforce compliance with the compact provisions
| | and the rules promulgated by the Interstate Commission using all necessary and proper means, including, but not limited to, the use of judicial process. These rules are not effective or enforceable in this State until enacted into law in this State.
|
| (5) To establish and maintain offices, which shall be
| | located within one or more of the member states.
|
| (6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire, or contract for services
| | (8) To establish and appoint committees including,
| | but not limited to, an executive committee as required by item (5) of subsection (a) of this Section, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
|
| (9) To elect or appoint such officers, attorneys,
| | employees, agents, or consultants; to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
|
| (10) To accept any and all donations and grants of
| | money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
|
| (11) To lease, purchase, accept contributions or
| | donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
|
| (12) To sell, convey, mortgage, pledge, lease,
| | exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
|
| (13) To establish a budget and make expenditures.
(14) To adopt a seal and bylaws governing the
| | management and operation of the Interstate Commission.
|
| (15) To report annually to the legislatures,
| | governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
|
| (16) To coordinate education, training, and public
| | awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity.
|
| (17) To establish uniform standards for the
| | reporting, collecting, and exchanging of data. These standards are not effective or enforceable in this State until enacted into law in this State.
|
| (18) To maintain corporate books and records in
| | accordance with the bylaws.
|
| (19) To perform such functions as may be necessary or
| | appropriate to achieve the purposes of the compact.
|
| (20) To provide for the uniform collection and
| | sharing of information between and among member states, schools, and military families under the compact. Provision for the collection and sharing of information is not effective or enforceable in this State until enacted into law in this State.
|
| (c) The Interstate Commission shall, by a majority of the members present
and voting, within 12 months after the first Interstate Commission
meeting, adopt bylaws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the compact, including, but
not limited to:
(1) Establishing the fiscal year of the Interstate
| | (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.
|
| (7) Providing "start-up" rules for initial
| | administration of the compact. These rules are not effective or enforceable in this State until enacted into law in this State.
|
| (d) 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.
(e) The executive committee shall have such authority and duties
as may be set forth in the bylaws, including, but not limited
to:
(1) managing the affairs of the Interstate Commission
| | in a manner consistent with the bylaws and purposes of the Interstate Commission;
|
| (2) 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
|
| (3) 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.
|
| 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.
(f) 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.
(g) 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 (g) 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.
(h) 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.
(i) To the extent not covered by the state involved, member state,
or the Interstate Commission, the representatives or
employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment,
including attorney's 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.
(Source: P.A. 96-953, eff. 6-28-10 .)
|
105 ILCS 70/50 (105 ILCS 70/50)
Sec. 50. Rulemaking of the Interstate Commission. The Interstate Commission on Educational Opportunity for Military Children shall promulgate
reasonable rules in order to effectively and efficiently achieve the
purposes of the compact. Notwithstanding the foregoing, in the
event the Interstate Commission exercises its rulemaking authority in
a manner that is beyond the scope of the purposes of the compact, or the
powers granted hereunder, then such an action by the Interstate
Commission shall be invalid and have no force or effect. Notwithstanding the other provisions of this Section, no rule is effective or enforceable in this State until enacted into law in this State. Rules shall be made pursuant to a
rulemaking process that substantially conforms to the "Model State
Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated,
Vol. 15, p. 1 (2000) as amended, as may be appropriate to the
operations of the Interstate Commission. Notwithstanding any other provision of this Act, no rule of the Interstate Commission has force and effect in this State unless and until the State Council reviews the rule and recommends to the General Assembly that the rule be enacted into law in this State and the rule is enacted into law in this State.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/55 (105 ILCS 70/55)
Sec. 55. Resolution of disputes. The Interstate Commission on Educational Opportunity for Military Children shall attempt, upon the request of
a member state, to resolve disputes that are subject to the
compact and that may arise among member states and
between member and non-member states.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/60 (105 ILCS 70/60)
Sec. 60. Financing of the Interstate Commission. (a) The Interstate Commission on Educational Opportunity for Military Children shall pay or provide for the payment of the
reasonable expenses of its establishment, organization, and ongoing
activities. (b) The Interstate Commission may levy and collect an annual
assessment of $1 per student who has a parent who is active duty military personnel. (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.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/65 (105 ILCS 70/65)
Sec. 65. Withdrawal and dissolution of compact. (a) 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 that enacted the compact into law. (b) Withdrawal from the compact shall be by the enactment of a
statute repealing the same. (c) The withdrawing state shall immediately notify the
chairperson of the Interstate Commission on Educational Opportunity for Military Children in writing upon the
introduction of legislation repealing the compact in the
withdrawing state. The Interstate Commission shall notify the
other member states of the withdrawing state's intent to
withdraw within 60 days of its receipt thereof. (d) The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
withdrawal. (e) 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. (f) The compact shall dissolve effective upon the date of the
withdrawal or default of the member state that reduces the
membership in the compact to one member state. (g) Upon the dissolution of the 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.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/70 (105 ILCS 70/70)
Sec. 70. Severability and construction. (a) The provisions of this Act are severable, and if any phrase,
clause, sentence, or provision is deemed unenforceable, the remaining
provisions of this Act are enforceable. (b) The provisions of this Act shall be liberally construed to effectuate
its purposes. (c) Nothing in this Act shall be construed to prohibit the applicability
of other interstate compacts to which the states are members.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/75 (105 ILCS 70/75)
Sec. 75. Binding effect of Act and other laws. (a) Nothing in this Act prevents the enforcement of any other law that is not inconsistent with this Act. (b) All laws conflicting with this Act are
superseded to the extent of the conflict. (c) All agreements between the Interstate Commission on Educational Opportunity for Military Children and the
member states are binding in accordance with their terms. (d) In the event any provision of this Act exceeds the
constitutional limits imposed on the legislature, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question.
(Source: P.A. 96-953, eff. 6-28-10 .) |
105 ILCS 70/905 (105 ILCS 70/905)
Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 96-953, eff. 6-28-10; text omitted .) |
105 ILCS 70/910 (105 ILCS 70/910)
Sec. 910. (Amendatory provisions; text omitted).
(Source: P.A. 96-953, eff. 6-28-10; text omitted .) |
105 ILCS 70/995
(105 ILCS 70/995)
Sec. 995. (Repealed).
(Source: P.A. 97-216, eff. 1-1-12. Repealed by P.A. 98-673, eff. 6-30-14.)
|
105 ILCS 70/999 (105 ILCS 70/999)
Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 96-953, eff. 6-28-10 .) |
|
|
|