12510. The Compact for Education is hereby entered into with all
jurisdictions joining therein, in the form as follows:
Article I. Purpose and Policy
(a) It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding
among executive, legislative, professional educational and lay
leadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development,
crystallization and recommendation of public policy alternatives in
the field of education.
3. Provide a clearinghouse of information on matters relating to
educational problems and how they are being met in different places
throughout the nation, so that the executive and legislative branches
of state government and of local communities may have ready access
to the experience and record of the entire country, and so that both
lay and professional groups in the field of education may have
additional avenues for the sharing of experience and the interchange
of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational
systems so that all of them will be able to meet adequate and
desirable goals in a society which requires continuous qualitative
and quantitative advance in educational opportunities, methods and
facilities.
(b) It is the policy of this compact to encourage and promote
local and state initiative in the development, maintenance,
improvement and administration of educational systems and
institutions in a manner which will accord with the needs and
advantages of diversity among localities and states.
(c) The party states recognize that each of them has an interest
in the quality and quantity of education furnished in each of the
other states, as well as in the excellence of its own educational
systems and institutions, because of the highly mobile character of
individuals within the nation, and because the products and services
contributing to the health, welfare and economic advancement of each
state are supplied in significant part by persons educated in other
states.
Article II. State Defined
As used in this compact, "state" means a state, territory or
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
Article III. The Commission
(a) The Educational Commission of the States, hereinafter called
"the commission," is hereby established. The commission shall consist
of seven members representing each party state. One of such members
shall be the governor, two shall be members of the state legislature
selected by its respective houses and serving in such manner as the
legislature may determine; and four shall be appointed by and serve
at the pleasure of the governor, unless the laws of the state
otherwise provide. If the laws of a state prevent legislators from
serving on the commission, six members shall be appointed and serve
at the pleasure of the governor, unless the laws of the state
otherwise provide. In addition to any other principles or
requirements which a state may establish for the appointment and
service of its members of the commission, the guiding principle for
the composition of the membership on the commission from each party
state shall be that the members representing such state shall, by
virtue of their training, experience, knowledge or affiliations be in
a position collectively to reflect broadly the interests of the
state government, higher education, the state education system, local
education, lay and professional, public and nonpublic educational
leadership. Of those appointees, one shall be the head of a state
agency or institution, designated by the governor, having
responsibility for one or more programs of public education. In
addition to the members of the commission representing the party
states, there may be not to exceed 10 nonvoting commissioners
selected by the steering committee for terms of one year. Such
commissioners shall represent leading national organizations of
professional educators or persons concerned with educational
administration.
(b) The members of the commission shall be entitled to one vote
each on the commission. No action of the commission shall be binding
unless taken at a meeting at which a majority of the total number of
votes on the commission are cast in favor thereof. Action of the
commission shall be only at a meeting at which a majority of the
commissioners are present. The commission shall meet at least once a
year. In its bylaws, and subject to such directions and limitations
as may be contained therein, the commission may delegate the exercise
of any of its powers to the steering committee or the executive
director, except for the power to approve budgets or requests for
appropriations, the power to make policy recommendations pursuant to
Article IV and adoption of the annual report pursuant to Article III
(j).
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its members, a
chairman, who shall be a governor, a vice chairman and a treasurer.
The commission shall provide for the appointment of an executive
director. Such executive director shall serve at the pleasure of the
commission, and together with the treasurer and such other personnel
as the commission may deem appropriate shall be bonded in such amount
as the commission shall determine. The executive director shall be
secretary.
(e) Irrespective of the civil service, personnel or other merit
system laws of any of the party states, the executive director
subject to the approval of the steering committee shall appoint,
remove or discharge such personnel as may be necessary for the
performance of the functions of the commission, and shall fix the
duties and compensation of such personnel. The commission in its
bylaws shall provide for the personnel policies and programs of the
commission.
(f) The commission may borrow, accept or contract for the services
of personnel from any party jurisdiction, the United States, or any
subdivision or agency of the aforementioned governments, or from any
agency of two or more of the party jurisdictions or their
subdivisions.
(g) The commission may accept for any of its purposes and
functions under this compact any and all donations, and grants of
money, equipment, supplies, materials and services, conditional or
otherwise, from any state, the United States, or any other
governmental agency, or from any person, firm, association,
foundation, or corporation, and may receive, utilize and dispose of
the same. Any donation or grant accepted by the commission pursuant
to this paragraph or services borrowed pursuant to paragraph (f) of
this article shall be reported in the annual report of the
commission. Such report shall include the nature, amount and
conditions, if any, of the donation, grant, or services borrowed, and
the identity of the donor or lender.
(h) The commission may establish and maintain such facilities as
may be necessary for the transacting of its business. The commission
may acquire, hold, and convey real and personal property and any
interest therein.
(i) The commission shall adopt bylaws for the conduct of its
business and shall have the power to amend and rescind these bylaws.
The commission shall publish its bylaws in convenient form and shall
file a copy thereof and a copy of any amendments thereto, with the
appropriate agency or officer in each of the party states.
(j) The commission annually shall make to the governor and
legislature of each party state a report covering the activities of
the commission for the preceding year. The commission may make such
additional reports as it may deem desirable.
Article IV. Powers
In addition to authority conferred on the commission by other
provisions of the compact, the commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data
concerning educational needs and resources.
2. Encourage and foster research in all aspects of education, but
with special reference to the desirable scope of instruction,
organization, administration, and instructional methods and standards
employed or suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a
whole and at each of its many levels.
4. Conduct or participate in research of the types referred to in
this article in any instance where the commission finds that such
research is necessary for the advancement of the purposes and
policies of this compact, utilizing fully the resources of national
associations, regional compact organizations for higher education,
and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of
public education as a whole, or for any segment thereof, and make
recommendations with respect thereto available to the appropriate
governmental units, agencies and public officials.
6. Do such other things as may be necessary or incidental to the
administration of any of its authority or functions pursuant to this
compact.
Article V. Cooperation with Federal Government
(a) If the laws of the United States specifically so provide, or
if administrative provision is made therefor within the federal
government, the United States may be represented on the commission by
not to exceed 10 representatives. Any such representative or
representatives of the United States shall be appointed and serve in
such manner as may be provided by or pursuant to federal law, and may
be drawn from any one or more branches of the federal government,
but no such representative shall have a vote on the commission.
(b) The commission may provide information and make
recommendations to any executive or legislative agency or officer of
the federal government concerning the common educational policies of
the states, and may advise with any such agencies or officers
concerning any matter of mutual interest.
Article VI. Committees
(a) To assist in the expeditious conduct of its business when the
full commission is not meeting, the commission shall elect a steering
committee of 32 members which, subject to the provisions of this
compact and consistent with the policies of the commission, shall be
constituted and function as provided in the bylaws of the commission.
One-fourth of the voting membership of the steering committee shall
consist of governors, one-fourth shall consist of legislators, and
the remainder shall consist of other members of the commission. A
federal representative on the commission may serve with the steering
committee, but without vote. The voting members of the steering
committee shall serve for terms of two years, except that members
elected to the first steering committee of the commission shall be
elected as follows: 16 for 1 year and 16 for 2 years. The chairman,
vice chairman, and treasurer of the commission shall be members of
the steering committee and, anything in this paragraph to the
contrary notwithstanding, shall serve during their continuance in
these offices. Vacancies in the steering committee shall not affect
its authority to act, but the commission at its next regularly
ensuing meeting following the occurrence of any vacancy shall fill it
for the unexpired term. No person shall serve more than two terms as
a member of the steering committee; provided that service for a
partial term of one year or less shall not be counted toward the
two-term limitation.
(b) The commission may establish advisory and technical committees
composed of state, local, and federal officials, and private persons
to advise it with respect to any one or more of its functions. Any
advisory or technical committee may, on request of the states
concerned, be established to consider any matter of special concern
to two or more of the party states.
(c) The commission may establish such additional committees as its
bylaws may provide.
Article VII. Finance
(a) The commission shall advise the governor or designated officer
or officers of each party state of its budget and estimated
expenditures for such period as may be required by the laws of that
party state. Each of the commission's budgets of estimated
expenditures shall contain specific recommendations of the amount or
amounts to be appropriated by each of the party states.
(b) The total amount of appropriation requests under any budget
shall be apportioned among the party states. In making such
apportionment, the commission shall devise and employ a formula that
takes equitable account of the populations and per capita income
levels of the party states.
(c) The commission shall not pledge the credit of any party
states. The commission may meet any of its obligations in whole or in
part with funds available to it pursuant to Article III(g) of this
compact, provided that the commission takes specific action setting
aside such funds prior to incurring an obligation to be met in whole
or in part in such manner. Except where the commission makes use of
funds available to it pursuant to Article III(g) thereof, the
commission shall not incur any obligation prior to the allotment of
funds by the party states adequate to meet the same.
(d) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the commission
shall be subject to the audit and accounting procedures established
by its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a qualified
public accountant, and the report of the audit shall be included in
and become part of the annual reports of the commission.
(e) The accounts of the commission shall be open at any reasonable
time for inspection by duly constituted officers of the party states
and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to prevent
commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any government contributing to the
support of the commission.
Article VIII. Eligible Parties; Entry Into and
Withdrawal
(a) This compact shall have as eligible parties all states,
territories, and possessions of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico. In respect of any such
jurisdiction not having a governor, the term "governor," as used in
this compact, shall mean the closest equivalent official of such
jurisdiction.
(b) Any state or other eligible jurisdiction may enter into this
compact and it shall become binding thereon when it has adopted the
same; provided that in order to enter into initial effect, adoption
by at least 10 eligible party jurisdictions shall be required.
(c) Adoption of the compact may be either by enactment thereof or
by adherence thereto by the governor; provided that in the absence of
enactment, adherence by the governor shall be sufficient to make his
state a party only until December 31, 1967. During any period when a
state is participating in this compact through gubernatorial action,
the governor shall appoint those persons who, in addition to
himself, shall serve as the members of the commission from his state,
and shall provide to the commission an equitable share of the
financial support of the commission from any source available to him.
(d) Except for a withdrawal effective on December 31, 1967, in
accordance with paragraph (c) of this article, any party state may
withdraw from this compact by enacting a statute repealing the same,
but no such withdrawal shall take effect until one year after the
governor of the withdrawing state has given notice in writing of the
withdrawal to the governors of all other party states. No withdrawal
shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
Article IX. Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any state or of the
United States, or the application thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and
effect as to the state affected as to all severable matters.
12511. Pursuant to subdivision (i) of Article III of the compact,
the commission shall file a copy of its bylaws and any amendment
thereto with the Department of Education.
12512. The Member of the Assembly who shall serve upon the
Educational Commission of the States representing the State of
California shall be selected by the Speaker of the Assembly, and the
Member of the Senate who shall serve thereon shall be selected by the
Senate Committee on Rules. Each legislative member shall serve at
the pleasure of the appointing power. For the purposes of this
chapter, such Members of the Legislature shall constitute a joint
interim legislative committee on the subject of this chapter and
shall have the powers and duties imposed upon such committees by the
Joint Rules of the Senate and Assembly.
12513. At the same time as the report rendered to the governors and
legislatures of the states is made available in California pursuant
to subdivision (j) of Article III of the compact, the California
delegation to the Educational Commission of the States shall submit
to the Governor and to the Legislature of this state a summary of its
views that differ from the recommendations submitted by the
Educational Commission of the States.
12514. The members of the California delegation to the Educational
Commission of the States shall receive no salary, but shall receive
actual and necessary expenses incurred in fulfilling their duties.
12515. Notwithstanding any provisions of the Compact for Education
set out in Section 12510 to the contrary, the four persons to be
appointed by the Governor of California to serve as members of the
Educational Commission of the States, shall be the following:
(a) Either a member of the State Board of Education, or a member
of a local school district governing board.
(b) Either the Superintendent of Public Instruction, or another
individual representing the public school system of this state or
private elementary and secondary schools of this state.
(c) An individual representing the public institutions of higher
education in this state.
(d) An individual representing the private institutions of higher
education in this state.
12515.5. For the 1981-82 fiscal year and each fiscal year
thereafter, funding for the purpose of payment of annual dues for the
support of the Educational Commission of the States shall be
provided within the annual Budget Act appropriation to the State
Department of Education.
12510. The Compact for Education is hereby entered into with all
jurisdictions joining therein, in the form as follows:
Article I. Purpose and Policy
(a) It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding
among executive, legislative, professional educational and lay
leadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development,
crystallization and recommendation of public policy alternatives in
the field of education.
3. Provide a clearinghouse of information on matters relating to
educational problems and how they are being met in different places
throughout the nation, so that the executive and legislative branches
of state government and of local communities may have ready access
to the experience and record of the entire country, and so that both
lay and professional groups in the field of education may have
additional avenues for the sharing of experience and the interchange
of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational
systems so that all of them will be able to meet adequate and
desirable goals in a society which requires continuous qualitative
and quantitative advance in educational opportunities, methods and
facilities.
(b) It is the policy of this compact to encourage and promote
local and state initiative in the development, maintenance,
improvement and administration of educational systems and
institutions in a manner which will accord with the needs and
advantages of diversity among localities and states.
(c) The party states recognize that each of them has an interest
in the quality and quantity of education furnished in each of the
other states, as well as in the excellence of its own educational
systems and institutions, because of the highly mobile character of
individuals within the nation, and because the products and services
contributing to the health, welfare and economic advancement of each
state are supplied in significant part by persons educated in other
states.
Article II. State Defined
As used in this compact, "state" means a state, territory or
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
Article III. The Commission
(a) The Educational Commission of the States, hereinafter called
"the commission," is hereby established. The commission shall consist
of seven members representing each party state. One of such members
shall be the governor, two shall be members of the state legislature
selected by its respective houses and serving in such manner as the
legislature may determine; and four shall be appointed by and serve
at the pleasure of the governor, unless the laws of the state
otherwise provide. If the laws of a state prevent legislators from
serving on the commission, six members shall be appointed and serve
at the pleasure of the governor, unless the laws of the state
otherwise provide. In addition to any other principles or
requirements which a state may establish for the appointment and
service of its members of the commission, the guiding principle for
the composition of the membership on the commission from each party
state shall be that the members representing such state shall, by
virtue of their training, experience, knowledge or affiliations be in
a position collectively to reflect broadly the interests of the
state government, higher education, the state education system, local
education, lay and professional, public and nonpublic educational
leadership. Of those appointees, one shall be the head of a state
agency or institution, designated by the governor, having
responsibility for one or more programs of public education. In
addition to the members of the commission representing the party
states, there may be not to exceed 10 nonvoting commissioners
selected by the steering committee for terms of one year. Such
commissioners shall represent leading national organizations of
professional educators or persons concerned with educational
administration.
(b) The members of the commission shall be entitled to one vote
each on the commission. No action of the commission shall be binding
unless taken at a meeting at which a majority of the total number of
votes on the commission are cast in favor thereof. Action of the
commission shall be only at a meeting at which a majority of the
commissioners are present. The commission shall meet at least once a
year. In its bylaws, and subject to such directions and limitations
as may be contained therein, the commission may delegate the exercise
of any of its powers to the steering committee or the executive
director, except for the power to approve budgets or requests for
appropriations, the power to make policy recommendations pursuant to
Article IV and adoption of the annual report pursuant to Article III
(j).
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its members, a
chairman, who shall be a governor, a vice chairman and a treasurer.
The commission shall provide for the appointment of an executive
director. Such executive director shall serve at the pleasure of the
commission, and together with the treasurer and such other personnel
as the commission may deem appropriate shall be bonded in such amount
as the commission shall determine. The executive director shall be
secretary.
(e) Irrespective of the civil service, personnel or other merit
system laws of any of the party states, the executive director
subject to the approval of the steering committee shall appoint,
remove or discharge such personnel as may be necessary for the
performance of the functions of the commission, and shall fix the
duties and compensation of such personnel. The commission in its
bylaws shall provide for the personnel policies and programs of the
commission.
(f) The commission may borrow, accept or contract for the services
of personnel from any party jurisdiction, the United States, or any
subdivision or agency of the aforementioned governments, or from any
agency of two or more of the party jurisdictions or their
subdivisions.
(g) The commission may accept for any of its purposes and
functions under this compact any and all donations, and grants of
money, equipment, supplies, materials and services, conditional or
otherwise, from any state, the United States, or any other
governmental agency, or from any person, firm, association,
foundation, or corporation, and may receive, utilize and dispose of
the same. Any donation or grant accepted by the commission pursuant
to this paragraph or services borrowed pursuant to paragraph (f) of
this article shall be reported in the annual report of the
commission. Such report shall include the nature, amount and
conditions, if any, of the donation, grant, or services borrowed, and
the identity of the donor or lender.
(h) The commission may establish and maintain such facilities as
may be necessary for the transacting of its business. The commission
may acquire, hold, and convey real and personal property and any
interest therein.
(i) The commission shall adopt bylaws for the conduct of its
business and shall have the power to amend and rescind these bylaws.
The commission shall publish its bylaws in convenient form and shall
file a copy thereof and a copy of any amendments thereto, with the
appropriate agency or officer in each of the party states.
(j) The commission annually shall make to the governor and
legislature of each party state a report covering the activities of
the commission for the preceding year. The commission may make such
additional reports as it may deem desirable.
Article IV. Powers
In addition to authority conferred on the commission by other
provisions of the compact, the commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data
concerning educational needs and resources.
2. Encourage and foster research in all aspects of education, but
with special reference to the desirable scope of instruction,
organization, administration, and instructional methods and standards
employed or suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a
whole and at each of its many levels.
4. Conduct or participate in research of the types referred to in
this article in any instance where the commission finds that such
research is necessary for the advancement of the purposes and
policies of this compact, utilizing fully the resources of national
associations, regional compact organizations for higher education,
and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of
public education as a whole, or for any segment thereof, and make
recommendations with respect thereto available to the appropriate
governmental units, agencies and public officials.
6. Do such other things as may be necessary or incidental to the
administration of any of its authority or functions pursuant to this
compact.
Article V. Cooperation with Federal Government
(a) If the laws of the United States specifically so provide, or
if administrative provision is made therefor within the federal
government, the United States may be represented on the commission by
not to exceed 10 representatives. Any such representative or
representatives of the United States shall be appointed and serve in
such manner as may be provided by or pursuant to federal law, and may
be drawn from any one or more branches of the federal government,
but no such representative shall have a vote on the commission.
(b) The commission may provide information and make
recommendations to any executive or legislative agency or officer of
the federal government concerning the common educational policies of
the states, and may advise with any such agencies or officers
concerning any matter of mutual interest.
Article VI. Committees
(a) To assist in the expeditious conduct of its business when the
full commission is not meeting, the commission shall elect a steering
committee of 32 members which, subject to the provisions of this
compact and consistent with the policies of the commission, shall be
constituted and function as provided in the bylaws of the commission.
One-fourth of the voting membership of the steering committee shall
consist of governors, one-fourth shall consist of legislators, and
the remainder shall consist of other members of the commission. A
federal representative on the commission may serve with the steering
committee, but without vote. The voting members of the steering
committee shall serve for terms of two years, except that members
elected to the first steering committee of the commission shall be
elected as follows: 16 for 1 year and 16 for 2 years. The chairman,
vice chairman, and treasurer of the commission shall be members of
the steering committee and, anything in this paragraph to the
contrary notwithstanding, shall serve during their continuance in
these offices. Vacancies in the steering committee shall not affect
its authority to act, but the commission at its next regularly
ensuing meeting following the occurrence of any vacancy shall fill it
for the unexpired term. No person shall serve more than two terms as
a member of the steering committee; provided that service for a
partial term of one year or less shall not be counted toward the
two-term limitation.
(b) The commission may establish advisory and technical committees
composed of state, local, and federal officials, and private persons
to advise it with respect to any one or more of its functions. Any
advisory or technical committee may, on request of the states
concerned, be established to consider any matter of special concern
to two or more of the party states.
(c) The commission may establish such additional committees as its
bylaws may provide.
Article VII. Finance
(a) The commission shall advise the governor or designated officer
or officers of each party state of its budget and estimated
expenditures for such period as may be required by the laws of that
party state. Each of the commission's budgets of estimated
expenditures shall contain specific recommendations of the amount or
amounts to be appropriated by each of the party states.
(b) The total amount of appropriation requests under any budget
shall be apportioned among the party states. In making such
apportionment, the commission shall devise and employ a formula that
takes equitable account of the populations and per capita income
levels of the party states.
(c) The commission shall not pledge the credit of any party
states. The commission may meet any of its obligations in whole or in
part with funds available to it pursuant to Article III(g) of this
compact, provided that the commission takes specific action setting
aside such funds prior to incurring an obligation to be met in whole
or in part in such manner. Except where the commission makes use of
funds available to it pursuant to Article III(g) thereof, the
commission shall not incur any obligation prior to the allotment of
funds by the party states adequate to meet the same.
(d) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the commission
shall be subject to the audit and accounting procedures established
by its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a qualified
public accountant, and the report of the audit shall be included in
and become part of the annual reports of the commission.
(e) The accounts of the commission shall be open at any reasonable
time for inspection by duly constituted officers of the party states
and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to prevent
commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any government contributing to the
support of the commission.
Article VIII. Eligible Parties; Entry Into and
Withdrawal
(a) This compact shall have as eligible parties all states,
territories, and possessions of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico. In respect of any such
jurisdiction not having a governor, the term "governor," as used in
this compact, shall mean the closest equivalent official of such
jurisdiction.
(b) Any state or other eligible jurisdiction may enter into this
compact and it shall become binding thereon when it has adopted the
same; provided that in order to enter into initial effect, adoption
by at least 10 eligible party jurisdictions shall be required.
(c) Adoption of the compact may be either by enactment thereof or
by adherence thereto by the governor; provided that in the absence of
enactment, adherence by the governor shall be sufficient to make his
state a party only until December 31, 1967. During any period when a
state is participating in this compact through gubernatorial action,
the governor shall appoint those persons who, in addition to
himself, shall serve as the members of the commission from his state,
and shall provide to the commission an equitable share of the
financial support of the commission from any source available to him.
(d) Except for a withdrawal effective on December 31, 1967, in
accordance with paragraph (c) of this article, any party state may
withdraw from this compact by enacting a statute repealing the same,
but no such withdrawal shall take effect until one year after the
governor of the withdrawing state has given notice in writing of the
withdrawal to the governors of all other party states. No withdrawal
shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
Article IX. Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any state or of the
United States, or the application thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and
effect as to the state affected as to all severable matters.
12511. Pursuant to subdivision (i) of Article III of the compact,
the commission shall file a copy of its bylaws and any amendment
thereto with the Department of Education.
12512. The Member of the Assembly who shall serve upon the
Educational Commission of the States representing the State of
California shall be selected by the Speaker of the Assembly, and the
Member of the Senate who shall serve thereon shall be selected by the
Senate Committee on Rules. Each legislative member shall serve at
the pleasure of the appointing power. For the purposes of this
chapter, such Members of the Legislature shall constitute a joint
interim legislative committee on the subject of this chapter and
shall have the powers and duties imposed upon such committees by the
Joint Rules of the Senate and Assembly.
12513. At the same time as the report rendered to the governors and
legislatures of the states is made available in California pursuant
to subdivision (j) of Article III of the compact, the California
delegation to the Educational Commission of the States shall submit
to the Governor and to the Legislature of this state a summary of its
views that differ from the recommendations submitted by the
Educational Commission of the States.
12514. The members of the California delegation to the Educational
Commission of the States shall receive no salary, but shall receive
actual and necessary expenses incurred in fulfilling their duties.
12515. Notwithstanding any provisions of the Compact for Education
set out in Section 12510 to the contrary, the four persons to be
appointed by the Governor of California to serve as members of the
Educational Commission of the States, shall be the following:
(a) Either a member of the State Board of Education, or a member
of a local school district governing board.
(b) Either the Superintendent of Public Instruction, or another
individual representing the public school system of this state or
private elementary and secondary schools of this state.
(c) An individual representing the public institutions of higher
education in this state.
(d) An individual representing the private institutions of higher
education in this state.
12515.5. For the 1981-82 fiscal year and each fiscal year
thereafter, funding for the purpose of payment of annual dues for the
support of the Educational Commission of the States shall be
provided within the annual Budget Act appropriation to the State
Department of Education.
12510. The Compact for Education is hereby entered into with all
jurisdictions joining therein, in the form as follows:
Article I. Purpose and Policy
(a) It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding
among executive, legislative, professional educational and lay
leadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development,
crystallization and recommendation of public policy alternatives in
the field of education.
3. Provide a clearinghouse of information on matters relating to
educational problems and how they are being met in different places
throughout the nation, so that the executive and legislative branches
of state government and of local communities may have ready access
to the experience and record of the entire country, and so that both
lay and professional groups in the field of education may have
additional avenues for the sharing of experience and the interchange
of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational
systems so that all of them will be able to meet adequate and
desirable goals in a society which requires continuous qualitative
and quantitative advance in educational opportunities, methods and
facilities.
(b) It is the policy of this compact to encourage and promote
local and state initiative in the development, maintenance,
improvement and administration of educational systems and
institutions in a manner which will accord with the needs and
advantages of diversity among localities and states.
(c) The party states recognize that each of them has an interest
in the quality and quantity of education furnished in each of the
other states, as well as in the excellence of its own educational
systems and institutions, because of the highly mobile character of
individuals within the nation, and because the products and services
contributing to the health, welfare and economic advancement of each
state are supplied in significant part by persons educated in other
states.
Article II. State Defined
As used in this compact, "state" means a state, territory or
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
Article III. The Commission
(a) The Educational Commission of the States, hereinafter called
"the commission," is hereby established. The commission shall consist
of seven members representing each party state. One of such members
shall be the governor, two shall be members of the state legislature
selected by its respective houses and serving in such manner as the
legislature may determine; and four shall be appointed by and serve
at the pleasure of the governor, unless the laws of the state
otherwise provide. If the laws of a state prevent legislators from
serving on the commission, six members shall be appointed and serve
at the pleasure of the governor, unless the laws of the state
otherwise provide. In addition to any other principles or
requirements which a state may establish for the appointment and
service of its members of the commission, the guiding principle for
the composition of the membership on the commission from each party
state shall be that the members representing such state shall, by
virtue of their training, experience, knowledge or affiliations be in
a position collectively to reflect broadly the interests of the
state government, higher education, the state education system, local
education, lay and professional, public and nonpublic educational
leadership. Of those appointees, one shall be the head of a state
agency or institution, designated by the governor, having
responsibility for one or more programs of public education. In
addition to the members of the commission representing the party
states, there may be not to exceed 10 nonvoting commissioners
selected by the steering committee for terms of one year. Such
commissioners shall represent leading national organizations of
professional educators or persons concerned with educational
administration.
(b) The members of the commission shall be entitled to one vote
each on the commission. No action of the commission shall be binding
unless taken at a meeting at which a majority of the total number of
votes on the commission are cast in favor thereof. Action of the
commission shall be only at a meeting at which a majority of the
commissioners are present. The commission shall meet at least once a
year. In its bylaws, and subject to such directions and limitations
as may be contained therein, the commission may delegate the exercise
of any of its powers to the steering committee or the executive
director, except for the power to approve budgets or requests for
appropriations, the power to make policy recommendations pursuant to
Article IV and adoption of the annual report pursuant to Article III
(j).
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its members, a
chairman, who shall be a governor, a vice chairman and a treasurer.
The commission shall provide for the appointment of an executive
director. Such executive director shall serve at the pleasure of the
commission, and together with the treasurer and such other personnel
as the commission may deem appropriate shall be bonded in such amount
as the commission shall determine. The executive director shall be
secretary.
(e) Irrespective of the civil service, personnel or other merit
system laws of any of the party states, the executive director
subject to the approval of the steering committee shall appoint,
remove or discharge such personnel as may be necessary for the
performance of the functions of the commission, and shall fix the
duties and compensation of such personnel. The commission in its
bylaws shall provide for the personnel policies and programs of the
commission.
(f) The commission may borrow, accept or contract for the services
of personnel from any party jurisdiction, the United States, or any
subdivision or agency of the aforementioned governments, or from any
agency of two or more of the party jurisdictions or their
subdivisions.
(g) The commission may accept for any of its purposes and
functions under this compact any and all donations, and grants of
money, equipment, supplies, materials and services, conditional or
otherwise, from any state, the United States, or any other
governmental agency, or from any person, firm, association,
foundation, or corporation, and may receive, utilize and dispose of
the same. Any donation or grant accepted by the commission pursuant
to this paragraph or services borrowed pursuant to paragraph (f) of
this article shall be reported in the annual report of the
commission. Such report shall include the nature, amount and
conditions, if any, of the donation, grant, or services borrowed, and
the identity of the donor or lender.
(h) The commission may establish and maintain such facilities as
may be necessary for the transacting of its business. The commission
may acquire, hold, and convey real and personal property and any
interest therein.
(i) The commission shall adopt bylaws for the conduct of its
business and shall have the power to amend and rescind these bylaws.
The commission shall publish its bylaws in convenient form and shall
file a copy thereof and a copy of any amendments thereto, with the
appropriate agency or officer in each of the party states.
(j) The commission annually shall make to the governor and
legislature of each party state a report covering the activities of
the commission for the preceding year. The commission may make such
additional reports as it may deem desirable.
Article IV. Powers
In addition to authority conferred on the commission by other
provisions of the compact, the commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data
concerning educational needs and resources.
2. Encourage and foster research in all aspects of education, but
with special reference to the desirable scope of instruction,
organization, administration, and instructional methods and standards
employed or suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a
whole and at each of its many levels.
4. Conduct or participate in research of the types referred to in
this article in any instance where the commission finds that such
research is necessary for the advancement of the purposes and
policies of this compact, utilizing fully the resources of national
associations, regional compact organizations for higher education,
and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of
public education as a whole, or for any segment thereof, and make
recommendations with respect thereto available to the appropriate
governmental units, agencies and public officials.
6. Do such other things as may be necessary or incidental to the
administration of any of its authority or functions pursuant to this
compact.
Article V. Cooperation with Federal Government
(a) If the laws of the United States specifically so provide, or
if administrative provision is made therefor within the federal
government, the United States may be represented on the commission by
not to exceed 10 representatives. Any such representative or
representatives of the United States shall be appointed and serve in
such manner as may be provided by or pursuant to federal law, and may
be drawn from any one or more branches of the federal government,
but no such representative shall have a vote on the commission.
(b) The commission may provide information and make
recommendations to any executive or legislative agency or officer of
the federal government concerning the common educational policies of
the states, and may advise with any such agencies or officers
concerning any matter of mutual interest.
Article VI. Committees
(a) To assist in the expeditious conduct of its business when the
full commission is not meeting, the commission shall elect a steering
committee of 32 members which, subject to the provisions of this
compact and consistent with the policies of the commission, shall be
constituted and function as provided in the bylaws of the commission.
One-fourth of the voting membership of the steering committee shall
consist of governors, one-fourth shall consist of legislators, and
the remainder shall consist of other members of the commission. A
federal representative on the commission may serve with the steering
committee, but without vote. The voting members of the steering
committee shall serve for terms of two years, except that members
elected to the first steering committee of the commission shall be
elected as follows: 16 for 1 year and 16 for 2 years. The chairman,
vice chairman, and treasurer of the commission shall be members of
the steering committee and, anything in this paragraph to the
contrary notwithstanding, shall serve during their continuance in
these offices. Vacancies in the steering committee shall not affect
its authority to act, but the commission at its next regularly
ensuing meeting following the occurrence of any vacancy shall fill it
for the unexpired term. No person shall serve more than two terms as
a member of the steering committee; provided that service for a
partial term of one year or less shall not be counted toward the
two-term limitation.
(b) The commission may establish advisory and technical committees
composed of state, local, and federal officials, and private persons
to advise it with respect to any one or more of its functions. Any
advisory or technical committee may, on request of the states
concerned, be established to consider any matter of special concern
to two or more of the party states.
(c) The commission may establish such additional committees as its
bylaws may provide.
Article VII. Finance
(a) The commission shall advise the governor or designated officer
or officers of each party state of its budget and estimated
expenditures for such period as may be required by the laws of that
party state. Each of the commission's budgets of estimated
expenditures shall contain specific recommendations of the amount or
amounts to be appropriated by each of the party states.
(b) The total amount of appropriation requests under any budget
shall be apportioned among the party states. In making such
apportionment, the commission shall devise and employ a formula that
takes equitable account of the populations and per capita income
levels of the party states.
(c) The commission shall not pledge the credit of any party
states. The commission may meet any of its obligations in whole or in
part with funds available to it pursuant to Article III(g) of this
compact, provided that the commission takes specific action setting
aside such funds prior to incurring an obligation to be met in whole
or in part in such manner. Except where the commission makes use of
funds available to it pursuant to Article III(g) thereof, the
commission shall not incur any obligation prior to the allotment of
funds by the party states adequate to meet the same.
(d) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the commission
shall be subject to the audit and accounting procedures established
by its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a qualified
public accountant, and the report of the audit shall be included in
and become part of the annual reports of the commission.
(e) The accounts of the commission shall be open at any reasonable
time for inspection by duly constituted officers of the party states
and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to prevent
commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any government contributing to the
support of the commission.
Article VIII. Eligible Parties; Entry Into and
Withdrawal
(a) This compact shall have as eligible parties all states,
territories, and possessions of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico. In respect of any such
jurisdiction not having a governor, the term "governor," as used in
this compact, shall mean the closest equivalent official of such
jurisdiction.
(b) Any state or other eligible jurisdiction may enter into this
compact and it shall become binding thereon when it has adopted the
same; provided that in order to enter into initial effect, adoption
by at least 10 eligible party jurisdictions shall be required.
(c) Adoption of the compact may be either by enactment thereof or
by adherence thereto by the governor; provided that in the absence of
enactment, adherence by the governor shall be sufficient to make his
state a party only until December 31, 1967. During any period when a
state is participating in this compact through gubernatorial action,
the governor shall appoint those persons who, in addition to
himself, shall serve as the members of the commission from his state,
and shall provide to the commission an equitable share of the
financial support of the commission from any source available to him.
(d) Except for a withdrawal effective on December 31, 1967, in
accordance with paragraph (c) of this article, any party state may
withdraw from this compact by enacting a statute repealing the same,
but no such withdrawal shall take effect until one year after the
governor of the withdrawing state has given notice in writing of the
withdrawal to the governors of all other party states. No withdrawal
shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
Article IX. Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any state or of the
United States, or the application thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and
effect as to the state affected as to all severable matters.
12511. Pursuant to subdivision (i) of Article III of the compact,
the commission shall file a copy of its bylaws and any amendment
thereto with the Department of Education.
12512. The Member of the Assembly who shall serve upon the
Educational Commission of the States representing the State of
California shall be selected by the Speaker of the Assembly, and the
Member of the Senate who shall serve thereon shall be selected by the
Senate Committee on Rules. Each legislative member shall serve at
the pleasure of the appointing power. For the purposes of this
chapter, such Members of the Legislature shall constitute a joint
interim legislative committee on the subject of this chapter and
shall have the powers and duties imposed upon such committees by the
Joint Rules of the Senate and Assembly.
12513. At the same time as the report rendered to the governors and
legislatures of the states is made available in California pursuant
to subdivision (j) of Article III of the compact, the California
delegation to the Educational Commission of the States shall submit
to the Governor and to the Legislature of this state a summary of its
views that differ from the recommendations submitted by the
Educational Commission of the States.
12514. The members of the California delegation to the Educational
Commission of the States shall receive no salary, but shall receive
actual and necessary expenses incurred in fulfilling their duties.
12515. Notwithstanding any provisions of the Compact for Education
set out in Section 12510 to the contrary, the four persons to be
appointed by the Governor of California to serve as members of the
Educational Commission of the States, shall be the following:
(a) Either a member of the State Board of Education, or a member
of a local school district governing board.
(b) Either the Superintendent of Public Instruction, or another
individual representing the public school system of this state or
private elementary and secondary schools of this state.
(c) An individual representing the public institutions of higher
education in this state.
(d) An individual representing the private institutions of higher
education in this state.
12515.5. For the 1981-82 fiscal year and each fiscal year
thereafter, funding for the purpose of payment of annual dues for the
support of the Educational Commission of the States shall be
provided within the annual Budget Act appropriation to the State
Department of Education.
