CHAPTER 2. COMPACT FOR EDUCATION
IC 20-38-2
Chapter 2. Compact for Education
IC 20-38-2-1
Contents of compact for education
Sec. 1. The following compact for education, which has beennegotiated by the representatives of the fifty (50) states, is approved,ratified, adopted, enacted into law, and entered into by the state as aparty and a signatory state, namely:
COMPACT FOR EDUCATION
ARTICLE 1.
PURPOSE AND POLICY.
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation and understandingamong executive, legislative, professional educational, and layleadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development, crystallizationand recommendation of public policy alternatives in the field ofeducation.
3. Provide a clearinghouse of information on matters relating toeducational problems and how they are being met in different placesthroughout the nation, so that the executive and legislative branchesof state government and of local communities may have ready accessto the experience and record of the entire country, and so that bothlay and professional groups in the fields of education may haveadditional avenues for the sharing of experience and the interchangeof ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educationalsystems 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 andfacilities.
B. It is the policy of this compact to encourage and promote localand state initiative in the development, maintenance, improvement,and administration of educational systems and institutions in amanner which will accord with the needs and advantages of diversityamong localities and states.
C. The party states recognize that each of them has an interest inthe quality and quantity of education furnished in each of the otherstates, as well as in the excellence of its own educational systems andinstitutions, because of the highly mobile character of individualswithin the nation, and because the products and services contributingto the health, welfare, and economic advancement of each state aresupplied in significant part by persons educated in other states.
ARTICLE 2.
STATE DEFINED.
As used in this compact, "state" means a state, territory orpossession of the United States, the District of Columbia, or theCommonwealth of Puerto Rico.
ARTICLE 3.
THE COMMISSION.
A. The education commission of the states, hereinafter called "thecommission," is established. The commission shall consist of seven(7) members representing each party state. One (1) of such membersshall be the governor; two (2) shall be members of the statelegislature selected by its respective houses and serving in suchmanner as the legislature may determine; and four (4) shall beappointed by and serve at the pleasure of the governor, unless thelaws of the state otherwise provide. If the laws of a state preventlegislators from serving on the commission, six (6) members shall beappointed and serve at the pleasure of the governor, unless the lawsof the state otherwise provide. In addition to any other principles orrequirements which a state may establish for the appointment andservice of its members of the commission, the guiding principle forthe composition of the membership on the commission for each partystate shall be that the members representing such state shall by virtueof their training, experience, knowledge or affiliations be in aposition collectively to reflect broadly the interests of the stategovernment, higher education, the state education system, localeducation, lay and professional, public and nonpublic educationalleadership. Of those appointees, one (1) shall be the head of a stateagency or institution, designated by the governor, havingresponsibility for one (1) or more programs of public education. Inaddition to the members of the commission representing the partystates, there may be not to exceed ten (10) nonvoting commissionersselected by the steering committee for terms of one (1) year. Suchcommissioners shall represent leading national organizations ofprofessional educators or persons concerned with educationaladministration.
B. The members of the commission shall be entitled to one (1)vote each on the commission. No action of the commission shall bebinding unless taken at a meeting at which a majority of the totalnumber of votes on the commission are cast in favor thereof. Actionof the commission shall be only at a meeting at which a majority ofthe commissioners are present. The commission shall meet at leastonce a year. In its bylaws, and subject to such directions andlimitations as may be contained therein, the commission maydelegate the exercise of any of its powers to the steering committeeor the executive director, except for the power to approve budgets orrequests for appropriations, and power to make policyrecommendations pursuant to Article 4 and adoption of the annualreport pursuant to Article 3(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 atreasurer. The commission shall provide for the appointment of anexecutive director. Such executive director shall serve at the pleasureof the commission, and together with the treasurer and such otherpersonnel as the commission may deem appropriate shall be bondedin such amount as the commission shall determine. The executive
director shall be secretary.
E. Irrespective of the civil service, personnel, or other meritsystem laws of any of the party states, the executive director subjectto the approval of the steering committee shall appoint, remove ordischarge such personnel as may be necessary for the performanceof the functions of the commission, and shall fix the duties andcompensation of such personnel. The commission in its bylaws shallprovide for the personnel policies and programs of the commission.
F. The commission may borrow, accept, or contract for theservices of personnel from any party jurisdiction, the United States,or any subdivision or agency of the aforementioned governments, orfrom any agency of two (2) or more of the party jurisdictions or theirsubdivisions.
G. The commission may accept for any of its purposes andfunctions under this compact any and all donations, and grants ofmoney, equipment, supplies, materials, and services, conditional orotherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association,foundation, limited liability company, or corporation, and mayreceive, utilize and dispose of the same. Any donation or grantaccepted by the commission pursuant to this paragraph or servicesborrowed pursuant to Article 3(F) shall be reported in the annualreport of the commission. Such report shall include the nature,amount and conditions, if any, of the donation, grant, or servicesborrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilities asmay be necessary for the transacting of its business. The commissionmay acquire, hold, and convey real and personal property and anyinterest therein.
I. The commission shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind thesebylaws. The commission shall publish (in) its bylaws in convenientform and shall file a copy thereof and a copy of any amendmentthereto, with the appropriate agency or officer in each of the partystates.
J. The commission annually shall make to the governor andlegislature of each party state a report covering the activities of thecommission for the preceding year. The commission may make suchadditional reports as it may deem desirable.
ARTICLE 4.
POWERS.
In addition to authority conferred on the commission by otherprovisions of the compact, the commission shall have authority to:
1. Collect, correlate, analyze and interpret information and dataconcerning educational needs and resources.
2. Encourage and foster research in all aspects of education, butwith special reference to the desirable scope of instruction,organization, administration, and instructional methods and standardsemployed 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 inthis article in any instance where the commission finds that suchresearch 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 other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement ofpublic education as a whole, or for any segment thereof, and makerecommendations with respect thereto available to the appropriategovernmental units, agencies, and public officials.
6. Do such other things as may be necessary or incidental to theadministration of any of its authority or functions pursuant to thiscompact.
ARTICLE 5.
COOPERATION WITH FEDERAL GOVERNMENT.
A. If the laws of the United States specifically so provide, or ifadministrative provision is made therefor within the federalgovernment, the United States may be represented on thecommission by not to exceed ten (10) representatives. Any suchrepresentative or representatives of the United States shall beappointed and serve in such manner as may be provided by orpursuant to federal law, and may be drawn from any one or morebranches of the federal government, but no such representative shallhave a vote on the commission.
B. The commission may provide information and makerecommendations to any executive or legislative agency or officer ofthe federal government concerning the common educational policiesof the states, and may advise with any such agencies or officersconcerning any matter of mutual interest.
ARTICLE 6.
COMMITTEES.
A. To assist in the expeditious conduct of its business when thefull commission is not meeting, the commission shall elect a steeringcommittee of thirty-two (32) members that, subject to the provisionsof this compact and consistent with the policies of the commission,shall be constituted and function as provided in the by-laws of thecommission. One-fourth (1/4) of the voting membership of thesteering committee shall consist of governors, one-fourth (1/4) shallconsist of legislators, and the remainder shall consist of othermembers of the commission. A federal representative on thecommission may serve with the steering committee, but without vote.The voting members of the steering committee shall serve for termsof two (2) years, except that members elected to the first steeringcommittee of the commission shall be elected as follows: sixteen(16) for one (1) year and sixteen (16) for two (2) years. Thechairman, vice chairman, and treasurer of the commission shall bemembers of the steering committee and, anything in this paragraphto the contrary notwithstanding, shall serve during their continuancein these offices. Vacancies in the steering committee shall not affect
its authority to act, but the commission at its next regularly ensuingmeeting following the occurrence of any vacancy shall fill it for theunexpired term. No person shall serve more than two (2) terms as amember of the steering committee; provided that service for a partialterm of one (1) year or less shall not be counted toward the two (2)term limitation.
B. The commission may establish advisory and technicalcommittees composed of state, local, and federal officials, andprivate persons to advise it with respect to any one (1) or more of itsfunctions. Any advisory or technical committee may, on request ofthe states concerned, be established to consider any matter of specialconcern to two (2) or more of the party states.
C. The commission may establish such additional committees asits bylaws may provide.
ARTICLE 7.
FINANCE.
A. The commission shall advise the governor or designated officeror officers of each party state of its budget and estimatedexpenditures for such period as may be required by the laws of thatparty state. Each of the commission's budgets of estimatedexpenditures shall contain specific recommendations of the amountor amounts to be appropriated by each of the party states.
B. The total amount of appropriation requests under any budgetshall be apportioned among the party states. In making suchapportionment, the commission shall devise and employ a formulawhich takes equitable account of the populations and per capitaincome 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 partwith funds available to it pursuant to Article 3(G) of this compact,provided, that the commission takes specific action setting aside suchfunds prior to incurring an obligation to be met in whole or in part insuch manner. Except where the commission makes use of fundsavailable to it pursuant to Article 3(G) thereof, the commission shallnot incur any obligation prior to the allotment of funds by the partystates adequate to meet the same.
D. The commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of thecommission shall be subject to the audit and accounting proceduresestablished by its bylaws. However, all receipts and disbursementsof funds handled by the commission shall be audited yearly by aqualified public accountant, and the report of the audit shall beincluded in and become part of the annual reports of the commission.
E. The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of theparty states and by any persons authorized by the commission.
F. Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspection ofaccounts by or on behalf of any government contributing to thesupport of the commission.
ARTICLE 8.
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, andthe 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 suchjurisdiction.
B. Any state or other eligible jurisdiction may enter into thiscompact, and it shall become binding thereon when it has adoptedthe same: Provided, That in order to enter into initial effect, adoptionby at least ten (10) eligible party jurisdictions shall be required.
C. Adoption of the compact may be either by enactment thereofor by adherence thereto by the governor. However, in the absence ofenactment, adherence by the governor shall be sufficient to make hisstate a party only until December 31, 1967. During any period whena 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, andshall provide to the commission an equitable share of the financialsupport of the commission from any source available to him.
D. Except for a withdrawal effective on December 31, 1967, inaccordance with Article 8(C), any party state may withdraw from thiscompact by enacting a statute repealing the same, but no suchwithdrawal shall take effect until one (1) year after the governor ofthe withdrawing state has given notice in writing of the withdrawalto the governors of all other party states. No withdrawal shall affectany liability already incurred by or chargeable to a party state priorto the time of such withdrawal.
ARTICLE 9.
CONSTRUCTION AND SEVERABILITY.
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severableand if any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of any state or of theUnited States, or the application thereof to any government, agency,person, or circumstance is held invalid, the validity of the remainderof this compact and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby. If thiscompact shall be held contrary to the constitution of any stateparticipating therein, the compact shall remain in full force and effectas to the state affected as to all severable matters.
As added by P.L.1-2005, SEC.22.
IC 20-38-2-2
Filing copies of bylaws and amendments
Sec. 2. In accordance with Article 3(I) of the compact foreducation adopted by the state under section 1 of this chapter, thegovernor shall appoint one (1) of the commissioners designated
under section 4 of this chapter to file a copy of the bylaws adoptedby the education commission of the states and any amendments tothose bylaws with the office of the secretary of state.
As added by P.L.1-2005, SEC.22.
IC 20-38-2-3
Authority of state officers to assist in carrying out compact
Sec. 3. (a) Each state officer shall do whatever is necessary withinthe officer's respective jurisdiction in order to carry out the purposesof the compact for education adopted by the state under this chapter.
(b) All officers, bureaus, or departments of state government shallfurnish, upon the request of a commissioner designated under section4 of this chapter, any information and data possessed by that officer,bureau, or department that pertains to the policies and purposes ofthe compact for education.
As added by P.L.1-2005, SEC.22.
IC 20-38-2-4
Designated commissioners; meetings; staff support
Sec. 4. (a) In accordance with the compact for education adoptedby the state under this chapter, the following seven (7) individualsare designated to represent the state as commissioners on theeducation commission of the states:
(1) The governor.
(2) One (1) member of the senate appointed by the president protempore of the senate.
(3) One (1) member of the house of representatives appointedby the speaker of the house of representatives.
(4) Four (4) members appointed by the governor, and serving atthe pleasure of the governor, each of whom, either in aprofessional or lay capacity, is:
(A) involved in the educational system in Indiana; or
(B) familiar with the educational needs and problems inIndiana.
(b) The commissioners designated in subsection (a) are notrequired to hold meetings. However, the governor may take whateveraction is necessary to ensure that the state is appropriatelyrepresented at the meetings or events sponsored by the educationcommission of the states.
(c) The commissioners designated in subsection (a) may exerciseon behalf of the state the powers set forth under Article 4 of thecompact for education adopted by the state under section 1 of thischapter.
(d) Administrative and staff support for the commissioners shallbe provided by the education policy office of the Indiana UniversitySchool of Public and Environmental Affairs at IndianaUniversity-Purdue University Indianapolis.
As added by P.L.1-2005, SEC.22.
IC 20-38-2-5 Compensation
Sec. 5. (a) Each commissioner who is not a state employee is notentitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Such a member is, however, entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
(b) Each commissioner who is a state employee but who is not amember of the general assembly is entitled to reimbursement fortraveling expenses and other expenses actually incurred inconnection with the member's duties, as provided in the state travelpolicies and procedures established by the Indiana department ofadministration and approved by the budget agency.
(c) Each commissioner who is a member of the general assemblyis entitled to receive the same per diem, mileage, and travelallowances paid to members of the general assembly serving oninterim study committees established by the legislative council.
As added by P.L.1-2005, SEC.22.