§311-1  Terms and provisions of compact. The Compact for Education is hereby entered into and enacted into law with alljurisdictions legally joining therein, in the form substantially as follows:

 

PREAMBLE

 

WHEREAS, the proper education of all citizensis one of the most important responsibilities of the States to preserve a freeand open society in the United States; and,

WHEREAS, the increasing demands of our wholenational life for improving and expanding educational services require a broadexchange of research data and information concerning the problems and practicesof education; and,

WHEREAS, there is a vital need forstrengthening the voices of the States in the formulation of alternativenationwide educational policies.

THE STATES AFFIRM the need for close andcontinuing consultation among our several States on all matters of education,and do hereby establish this Compact for Education.

 

COMPACTFOR EDUCATION

ARTICLE I. PURPOSE AND POLICY.

 

A.  It is the purpose of this compact to:

1.  Establish and maintain close cooperationand understanding among executive, legislative, professional, educational, andlay 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 alternativesin the field of education.

3.  Provide a clearing house of information onmatters relating to educational problems and how they are being met indifferent places throughout the Nation, so that the executive and legislativebranches of state government and of local communities may have ready access tothe experience and record of the entire country, and so that both lay andprofessional groups in the field of education may have additional avenues forthe sharing of experience and the interchange of ideas in the formation ofpublic policy in education.

4.  Facilitate the improvement of state andlocal educational systems so that all of them will be able to meet adequate anddesirable goals in a society which requires continuous qualitative andquantitative advance in educational opportunities, methods, and facilities.

B.  It is the policy of this compact toencourage and promote local and state initiative in the development,maintenance, improvement, and administration of educational systems andinstitutions in a manner which will accord with the needs and advantages ofdiversity among localities and states.

C.  The party states recognize that each ofthem has an interest in the quality and quantity of education furnished in eachof the other states, as well as in the excellence of its own educationalsystems and institutions, because of the highly mobile character of individualswithin the Nation, and because the products and services contributing to the health,welfare, and economic advancement of each state are supplied in significantpart 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 ofColumbia, or the Commonwealth of Puerto Rico.

 

ARTICLE III. THE COMMISSION.

 

A.  The Education Commission of the States,hereinafter called "the commission", is hereby established.  Thecommission shall consist of seven members representing each party state.  Oneof such members shall be the governor; two shall be members of the statelegislature selected by its respective houses and serving in such manner as thelegislature may determine; and four shall be appointed by and serve at thepleasure of the governor, unless the laws of the state otherwise provide.  Ifthe laws of a state prevent legislators from serving on the commission, sixmembers shall be appointed by and serve at the pleasure of the governor, unlessthe laws of the state otherwise provide.  In addition to any other principlesor requirements which a state may establish for the appointment and service ofits members of the commission, the guiding principle for the composition of themembership on the commission from each party state shall be that the membersrepresenting such state shall, by virtue of their training, experience,knowledge, or affiliations be in a position collectively to reflect broadly theinterests of the state government, higher education, the state education system,local education, lay and professional, public and nonpublic educationalleadership.  Of those appointees, one shall be the head of a state agency orinstitution, designated by the governor, having responsibility for one or moreprograms of public education.  In addition to the members of the commissionrepresenting the party states, there may be not to exceed ten non-votingcommissioners selected by the steering committee for terms of one year.  Suchcommissioners shall represent leading national organizations of professionaleducators or persons concerned with educational administration.

B.  The members of the commission shall beentitled to one vote each on the commission.  No action of the commission shallbe binding unless taken at a meeting at which a majority of the total number ofvotes on the commission are cast in favor thereof.  Action of the commissionshall be only at a meeting at which a majority of the commissioners arepresent.  The commission shall meet at least once a year.  In its bylaws, andsubject to such directions and limitations as may be contained therein, thecommission may delegate the exercise of any of its powers to the steeringcommittee or the executive director, except for the power to approve budgets orrequests for appropriations, the power to make policy recommendations pursuantto 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, fromamong its members, a chairman, who shall be a governor, a vice-chairman and atreasurer.  The commission shall provide for the appointment of an executivedirector.  Such executive director shall serve at the pleasure of thecommission, and together with the treasurer and such other personnel as thecommission may deem appropriate shall be bonded in such amount as thecommission 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 executivedirector subject to the approval of the steering committee shall appoint,remove, or discharge such personnel as may be necessary for the performance ofthe functions of the commission, and shall fix the duties and compensation ofsuch personnel.  The commission in its bylaws shall provide for the personnelpolicies and programs of the commission.

F.  The commission may borrow, accept, orcontract for the services of personnel from any party jurisdiction, the UnitedStates, or any subdivision or agency of the aforementioned governments, or fromany agency of two or more of the party jurisdictions or their subdivisions.

G.  The commission may accept for any of itspurposes and functions under this compact any and all donations, and grants ofmoney, equipment, supplies, materials and services, conditional or otherwise,from any state, the United States, or any other governmental agency, or fromany person, firm, association, foundation, or corporation, and may receive,utilize and dispose of the same.  Any donation or grant accepted by thecommission pursuant to this paragraph or services borrowed pursuant toparagraph F of this Article shall be reported in the annual report of thecommission.  Such report shall include the nature, amount, and conditions, ifany, of the donation, grant, or services borrowed, and the identity of thedonor or lender.

H.  The commission may establish and maintainsuch facilities as may be necessary for the transacting of its business.  Thecommission may acquire, hold, and convey real and personal property and anyinterest therein.

I.  The commission shall adopt bylaws for theconduct of its business and shall have the power to amend and rescind thesebylaws.  The commission shall publish its bylaws in convenient form and shallfile a copy thereof and a copy of any amendment thereto, with the appropriateagency or officer in each of the party states.

J.  The commission annually shall make to thegovernor and legislature of each party state a report covering the activitiesof the commission for the preceding year.  The commission may make suchadditional reports as it may deem desirable.

 

ARTICLE IV. POWERS.

 

In addition to authority conferred on thecommission by other provisions of the compact, the commission shall haveauthority to:

1.  Collect, correlate, analyze, and interpretinformation and data concerning educational needs and resources.

2.  Encourage and foster research in allaspects of education, but with special reference to the desirable scope of instruction,organization, administration, and instructional methods and standards employedor suitable for employment in public educational systems.

3.  Develop proposals for adequate financing ofeducation as a whole and at each of its many levels.

4.  Conduct or participate in research of thetypes referred to in this Article in any instance where the commission findsthat such research is necessary for the advancement of the purposes andpolicies of this compact, utilizing fully the resources of nationalassociations, regional compact organizations for higher education, and otheragencies and institutions, both public and private.

5.  Formulate suggested policies and plans forthe improvement of public education as a whole, or for any segment thereof, andmake recommendations with respect thereto available to the appropriategovernmental units, agencies, and public officials.

6.  Do such other things as may be necessary orincidental to the administration of any of its authority or functions pursuantto this compact.

 

ARTICLE V. COOPERATION WITH FEDERAL GOVERNMENT.

 

A.  If the laws of the United Statesspecifically so provide, or if administrative provision is made therefor withinthe federal government, the United States may be represented on the commissionby not to exceed ten representatives.  Any such representative orrepresentatives of the United States shall be appointed and serve in suchmanner as may be provided by or pursuant to federal law, and may be drawn fromany one or more branches of the federal government, but no such representativeshall have a vote on the commission.

B.  The commission may provide information andmake recommendations to any executive or legislative agency or officer of thefederal government concerning the common educational policies of the states,and may advise with any such agencies or officers concerning any matter ofmutual interest.

 

ARTICLE VI. COMMITTEES.

 

A.  To assist in the expeditious conduct of itsbusiness when the full commission is not meeting, the commission shall elect asteering committee of thirty-two members which, subject to the provisions ofthis compact and consistent with the policies of the commission, shall beconstituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee shall consist ofgovernors, one-fourth shall consist of legislators, and the remainder shallconsist of other members of the commission.  A federal representative on thecommission may serve with the steering committee, but without vote.  The votingmembers of the steering committee shall serve for terms of two years, exceptthat members elected to the first steering committee of the commission shall beelected as follows:  sixteen for one year and sixteen for two years.  Thechairman, vice-chairman, and treasurer of the commission shall be members ofthe steering committee and, anything in this paragraph to the contrarynotwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, butthe commission at its next regularly ensuing meeting following the occurrenceof any vacancy shall fill it for the unexpired term.  No person shall servemore than two terms as a member of the steering committee; provided thatservice for a partial term of one year or less shall not be counted toward thetwo term limitation.

B.  The commission may establish advisory andtechnical committees composed of state, local, and federal officials, and privatepersons to advise it with respect to any one or more of its functions.  Anyadvisory or technical committee may, on request of the states concerned, beestablished to consider any matter of special concern to two or more of theparty states.

C.  The commission may establish suchadditional committees as its bylaws may provide.

 

ARTICLE VII. FINANCE.

 

A.  The commission shall advise the governor ordesignated officer or officers of each party state of its budget and estimatedexpenditures for such period as may be required by the laws of that partystate.  Each of the commission's budgets of estimated expenditures shallcontain specific recommendations of the amount or amounts to be appropriated byeach of the party states.

B.  The total amount of appropriation requestsunder any budget shall be apportioned among the party states.  In making suchapportionment, the commission shall devise and employ a formula which takesequitable account of the populations and per capita income levels of the partystates.

C.  The commission shall not pledge the creditof any party states.  The commission may meet any of its obligations in wholeor in part with funds available to it pursuant to Article III(G) of thiscompact, provided that the commission takes specific action setting aside suchfunds prior to incurring an obligation to be met in whole or in part in suchmanner.  Except where the commission makes use of funds available to itpursuant to Article III(G) thereof, the commission shall not incur any obligationprior to the allotment of funds by the party states adequate to meet the same.

D.  The commission shall keep accurate accountsof all receipts and disbursements.  The receipts and disbursements of thecommission shall be subject to the audit and accounting procedures establishedby its bylaws.  However, all receipts and disbursements of funds handled by thecommission shall be audited yearly by a qualified public accountant, and thereport of the audit shall be included in and become part of the annual reportsof the commission.

E.  The accounts of the commission shall beopen at any reasonable time for inspection by duly constituted officers of theparty states and by any persons authorized by the commission.

F.  Nothing contained herein shall be construedto prevent commission compliance with laws relating to audit or inspection ofaccounts by or on behalf of any government contributing to the support of thecommission.

 

ARTICLEVIII.  ELIGIBLE PARTIES; ENTRY INTO AND

WITHDRAWAL.

 

A.  This compact shall have as eligible partiesall states, territories, and possessions of the United States, the District ofColumbia, and the Commonwealth of Puerto Rico.  In respect of any suchjurisdiction not having a governor, the term "governor", as used inthis compact, shall mean the closest equivalent official of such jurisdiction.

B.  Any state or other eligible jurisdictionmay enter into this compact and it shall become binding thereon when it hasadopted the same; provided that in order to enter into initial effect, adoptionby at least ten eligible party jurisdictions shall be required.

C.  Adoption of the compact may be either byenactment thereof or by adherence thereto by the governor; provided that in theabsence of enactment, adherence by the governor shall be sufficient to make hisstate a party only until December 31, 1967.  During any period when a state isparticipating in this compact through gubernatorial action, the governor shallappoint those persons who, in addition to himself, shall serve as the membersof the commission from his state, and shall provide to the commission anequitable share of the financial support of the commission from any sourceavailable to him.

D.  Except for a withdrawal effective onDecember 31, 1967 in accordance with paragraph C of this Article, any partystate 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 ofthe withdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states.  No withdrawal shall affect any liabilityalready incurred by or chargeable to a party state prior to the time of suchwithdrawal.

 

ARTICLE IX. CONSTRUCTION AND SEVERABILITY.

 

This compact shall be liberally construed so asto effectuate the purposes thereof.  The provisions of this compact shall beseverable and if any phrase, clause, sentence, or provision of this compact isdeclared to be contrary to the constitution of any state or of the United States,or the applicability thereof to any government, agency, person, or circumstanceis held invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person, or circumstance shallnot be affected thereby.  If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the state affected as to all severable matters. [L1966, c 32, §2; am L 1967, c 115, §2; HRS §311-1]