72-6011.Text of compact.The compact for education is hereby entered into and enacted into lawwith all jurisdictions legally joining therein, in the form substantiallyas follows:
COMPACT ON EDUCATION Article I.--Purpose and Policy
(A) It is the purpose of this compact to:
(1) Establish and maintain close cooperation and understanding amongexecutive, legislative, professional educational and lay leadership on anationwide basis at the state and local levels.
(2) Provide a forum for the discussion, development, crystallization andrecommendation of public policy alternatives in the field of education.
(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 branches ofstate government and of local communities may have ready access to theexperience and record of the entire country, and so that both lay andprofessional groups in the field of education may have additional avenuesfor the sharing of experience and the interchange of ideas in the formationof public policy in education.
(4) Facilitate the improvement of state and local educational systems sothat all of them will be able to meet adequate and desirable goals in asociety which requires continuous qualitative and quantitative advance ineducational opportunities, methods and facilities.
(B) It is the policy of this compact to encourage and promote local andstate initiative in the development, maintenance, improvement andadministration of educational systems and institutions in a manner whichwill accord with the needs and advantages of diversity among localities andstates.
(C) The party states recognize that each of them has an interest in thequality and quantity of education furnished in each of the other states, aswell 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, welfareand economic advancement of each state are supplied in significant part bypersons educated in other states.
Article II.--State Defined
As used in this compact, "state" means a state, territory, or possessionof the United States, the District of Columbia, or the Commonwealth ofPuerto Rico.
Article III.--The Commission
(A) The education commission of the states, hereinafter called "thecommission," is hereby established. The commission shall consist of sevenmembers representing each party state. One of such members shall be thegovernor; two shall be members of the state legislature selected by itsrespective houses and serving in such manner as the legislature maydetermine; and four shall be appointed by and serve at the pleasure of thegovernor, unless the laws of the state otherwise provide. If the laws of astate prevent legislators from serving on the commission, six members shallbe appointed and serve at the pleasure of the governor, unless the laws ofthe state otherwise provide. In addition to any other principles orrequirements which a state may establish for the appointment and service ofits members of the commission, the guiding principle for the composition ofthe membership on the commission from each party state shall be that themembers representing such state shall, by virtue of their training,experience, knowledge or affiliations be in a position collectively toreflect broadly the interests of the state government, higher education,the state educational system, local education, lay and professional, publicand nonpublic educational leadership. Of those appointees, one shall be thehead of a state agency or institution, designated by the governor, havingresponsibility for one or more programs of public education. In addition tothe members of the commission representing the party states, there may benot to exceed ten nonvoting commissioners selected by the steeringcommittee for terms of one year. Such commissioners shall represent leadingnational organizations of professional educators or persons concerned witheducational administration.
(B) The members of the commission shall be entitled to one vote each onthe commission. No action of the commission shall be binding unless takenat a meeting at which a majority of the total number of votes on thecommission are cast in favor thereof. Action of the commission shall beonly at a meeting at which a majority of the commissioners are present. Thecommission shall meet at least once a year. In its bylaws, and subject tosuch directions and limitations as may be contained therein, the commissionmay delegate the exercise of any of its powers to the steering committee orthe executive director, except for the power to approve budgets or requestsfor appropriations, the power to make policy recommendations pursuant toarticle 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, achairman, who shall be a governor, a vice-chairman and a treasurer. Thecommission shall provide for the appointment of an executive director. Suchexecutive director shall serve at the pleasure of the commission, andtogether with the treasurer and such other personnel as the commission maydeem appropriate shall be bonded in such amount as the commission shalldetermine. The executive director shall be secretary.
(E) Irrespective of the civil service, personnel or other merit systemlaws of any of the party states, the executive director subject to theapproval of the steering committee shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the functions of thecommission, and shall fix the duties and compensation of such personnel.The commission in its bylaws shall provide for the personnel policies andprograms of the commission.
(F) The commission may borrow, accept or contract for the services ofpersonnel from any party jurisdiction, the United States, or anysubdivision or agency of the aforementioned governments, or from any agencyof two or more of the party jurisdictions or their subdivisions.
(G) The commission may accept for any of its purposes and functionsunder 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 anddispose of the same. Any donation or grant accepted by the commissionpursuant 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 thedonation, grant, or services borrowed, and the identity of the donor orlender.
(H) The commission may establish and maintain such facilities as may benecessary 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 businessand shall have the power to amend and rescind these bylaws. The commissionshall publish its bylaws in convenient form and shall file a copy thereofand a copy of any amendment thereto, with the appropriate agency or officerin each of the party states.
(J) The commission annually shall make to the governor and legislatureof each party state a report covering the activities of the commission forthe preceding year. The commission may make such additional reports as itmay deem desirable.
Article IV.--Powers
In addition to authority conferred on the commission by other provisionsof 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, but withspecial reference to the desirable scope of instruction, organization,administration, and instructional methods and standards employed orsuitable for employment in public educational systems.
(3) Develop proposals for adequate financing of education as a whole andat each of its many levels.
(4) Conduct or participate in research of the types referred to in thisarticle in any instance where the commission finds that such research isnecessary for the advancement of the purposes and policies of this compact,utilizing fully the resources of national associations, regional compactorganizations for higher education, and other agencies and institutions,both public and private.
(5) Formulate suggested policies and plans for the improvement of publiceducation as a whole, or for any segment thereof, and make recommendationswith respect thereto available to the appropriate governmental 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 V.--Cooperation With Federal Government
(A) If the laws of the United States specifically so provide, or ifadministrative provision is made therefor within the federal government,the United States may be represented on the commission by not to exceed tenrepresentatives. Any such representative or representatives of the UnitedStates shall be appointed and serve in such manner as may be provided by orpursuant to federal law, and may be drawn from any one or more branches ofthe federal government, but no such representative shall have a vote on thecommission.
(B) The commission may provide information and make recommendations toany executive or legislative agency or officer of the federal governmentconcerning the common educational policies of the states, and may advisewith any such agencies or officers concerning any matter of mutualinterest.
Article VI.--Committees
(A) To assist in the expeditious conduct of its business when the fullcommission is not meeting, the commission shall elect a steering committeeof thirty-two members which, subject to the provisions of this compact andconsistent with the policies of the commission, shall be constituted andfunction as provided in the bylaws of the commission. One-fourth of thevoting membership of the steering committee shall consist of governors,one-fourth shall consist of legislators and the remainder shall consist ofother members of the commission. A federal representative on the commissionmay serve with the steering committee, but without vote. The voting membersof the steering committee shall serve for terms of two years, except thatmembers 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 membersof the 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,but the commission at its next regularly ensuing meeting following theoccurrence of any vacancy shall fill it for the unexpired term. No personshall 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 becounted toward the two term limitation.
(B) The commission may establish advisory and technical committeescomposed of state, local, and federal officials, and private persons toadvise it with respect to any one or more of its functions. Any advisory ortechnical committee may, on request of the states concerned, be establishedto consider any matter of special concern to two or more of the partystates.
(C) The commission may establish such additional committees as itsbylaws may provide.
Article VII.--Finance
(A) The commission shall advise the governor or designated officer orofficers of each party state of its budget and estimated expenditures forsuch period as may be required by the laws of that party state. Each of thecommission's budgets of estimated expenditures shall contain specificrecommendations of the amount or amounts to be appropriated by each of theparty states.
(B) The total amount of appropriation requests under any budget shall beapportioned among the party states. In making such apportionment, thecommission shall devise and employ a formula which takes equitable accountof the populations and per capita income levels of the party states.
(C) The commission shall not pledge the credit of any party states. Thecommission may meet any of its obligations in whole or in part with fundsavailable to it pursuant to article III (G) of this compact, provided thatthe commission takes specific action setting aside such funds prior toincurring 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 toarticle III (G) thereof, the commission shall not incur any obligationprior to the allotment of funds by the party states adequate to meet thesame.
(D) The commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the commission shall besubject to the audit and accounting procedures established by its bylaws.However, all receipts and disbursements of funds handled by the commissionshall be audited yearly by a qualified public accountant, and the report ofthe audit shall be included in and become part of the annual reports of thecommission.
(E) The accounts of the commission shall be open at any reasonable timefor inspection by duly constituted officers of the party states and by anypersons authorized by the commission.
(F) Nothing contained herein shall be construed to prevent commissioncompliance with laws relating to audit or inspection of accounts by or onbehalf 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 thecommonwealth of Puerto Rico. In respect of any such jurisdiction not havinga governor, the term "governor," as used in this compact, shall mean theclosest equivalent official of such jurisdiction.
(B) Any state or other eligible jurisdiction may enter into this compactand it shall become binding thereon when it has adopted the same:Provided, That in order to enter into initial effect, adoption by atleast ten eligible party jurisdictions shall be required.
(C) Adoption of the compact may be either by enactment thereof or byadherence thereto by the governor; provided that in the absence ofenactment, adherence by the governor shall be sufficient to make his statea party only until December 31, 1967. During any period when a state isparticipating in this compact through gubernatorial action, the governorshall appoint those persons who, in addition to himself, shall serve as themembers of the commission from his state, and shall provide to thecommission an equitable share of the financial support of the commissionfrom any source available to him.
(D) Except for a withdrawal effective on December 31, 1967, inaccordance with paragraph (C) of this article, any party state may withdrawfrom this compact by enacting a statute repealing the same, but no suchwithdrawal shall take effect until one year after the governor of thewithdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states. No withdrawal shall affect anyliability already incurred by or chargeable to a party state prior to thetime of such withdrawal.
Article IX.--Construction and Severability
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States, or theapplication thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstanceshall not be affected thereby. If this compact shall be held contrary tothe constitution of any state participating therein, the compact shallremain in full force and effect as to the state affected as to allseverable matters.
72-6011.Text of compact.The compact for education is hereby entered into and enacted into lawwith all jurisdictions legally joining therein, in the form substantiallyas follows:
COMPACT ON EDUCATION Article I.--Purpose and Policy
(A) It is the purpose of this compact to:
(1) Establish and maintain close cooperation and understanding amongexecutive, legislative, professional educational and lay leadership on anationwide basis at the state and local levels.
(2) Provide a forum for the discussion, development, crystallization andrecommendation of public policy alternatives in the field of education.
(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 branches ofstate government and of local communities may have ready access to theexperience and record of the entire country, and so that both lay andprofessional groups in the field of education may have additional avenuesfor the sharing of experience and the interchange of ideas in the formationof public policy in education.
(4) Facilitate the improvement of state and local educational systems sothat all of them will be able to meet adequate and desirable goals in asociety which requires continuous qualitative and quantitative advance ineducational opportunities, methods and facilities.
(B) It is the policy of this compact to encourage and promote local andstate initiative in the development, maintenance, improvement andadministration of educational systems and institutions in a manner whichwill accord with the needs and advantages of diversity among localities andstates.
(C) The party states recognize that each of them has an interest in thequality and quantity of education furnished in each of the other states, aswell 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, welfareand economic advancement of each state are supplied in significant part bypersons educated in other states.
Article II.--State Defined
As used in this compact, "state" means a state, territory, or possessionof the United States, the District of Columbia, or the Commonwealth ofPuerto Rico.
Article III.--The Commission
(A) The education commission of the states, hereinafter called "thecommission," is hereby established. The commission shall consist of sevenmembers representing each party state. One of such members shall be thegovernor; two shall be members of the state legislature selected by itsrespective houses and serving in such manner as the legislature maydetermine; and four shall be appointed by and serve at the pleasure of thegovernor, unless the laws of the state otherwise provide. If the laws of astate prevent legislators from serving on the commission, six members shallbe appointed and serve at the pleasure of the governor, unless the laws ofthe state otherwise provide. In addition to any other principles orrequirements which a state may establish for the appointment and service ofits members of the commission, the guiding principle for the composition ofthe membership on the commission from each party state shall be that themembers representing such state shall, by virtue of their training,experience, knowledge or affiliations be in a position collectively toreflect broadly the interests of the state government, higher education,the state educational system, local education, lay and professional, publicand nonpublic educational leadership. Of those appointees, one shall be thehead of a state agency or institution, designated by the governor, havingresponsibility for one or more programs of public education. In addition tothe members of the commission representing the party states, there may benot to exceed ten nonvoting commissioners selected by the steeringcommittee for terms of one year. Such commissioners shall represent leadingnational organizations of professional educators or persons concerned witheducational administration.
(B) The members of the commission shall be entitled to one vote each onthe commission. No action of the commission shall be binding unless takenat a meeting at which a majority of the total number of votes on thecommission are cast in favor thereof. Action of the commission shall beonly at a meeting at which a majority of the commissioners are present. Thecommission shall meet at least once a year. In its bylaws, and subject tosuch directions and limitations as may be contained therein, the commissionmay delegate the exercise of any of its powers to the steering committee orthe executive director, except for the power to approve budgets or requestsfor appropriations, the power to make policy recommendations pursuant toarticle 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, achairman, who shall be a governor, a vice-chairman and a treasurer. Thecommission shall provide for the appointment of an executive director. Suchexecutive director shall serve at the pleasure of the commission, andtogether with the treasurer and such other personnel as the commission maydeem appropriate shall be bonded in such amount as the commission shalldetermine. The executive director shall be secretary.
(E) Irrespective of the civil service, personnel or other merit systemlaws of any of the party states, the executive director subject to theapproval of the steering committee shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the functions of thecommission, and shall fix the duties and compensation of such personnel.The commission in its bylaws shall provide for the personnel policies andprograms of the commission.
(F) The commission may borrow, accept or contract for the services ofpersonnel from any party jurisdiction, the United States, or anysubdivision or agency of the aforementioned governments, or from any agencyof two or more of the party jurisdictions or their subdivisions.
(G) The commission may accept for any of its purposes and functionsunder 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 anddispose of the same. Any donation or grant accepted by the commissionpursuant 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 thedonation, grant, or services borrowed, and the identity of the donor orlender.
(H) The commission may establish and maintain such facilities as may benecessary 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 businessand shall have the power to amend and rescind these bylaws. The commissionshall publish its bylaws in convenient form and shall file a copy thereofand a copy of any amendment thereto, with the appropriate agency or officerin each of the party states.
(J) The commission annually shall make to the governor and legislatureof each party state a report covering the activities of the commission forthe preceding year. The commission may make such additional reports as itmay deem desirable.
Article IV.--Powers
In addition to authority conferred on the commission by other provisionsof 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, but withspecial reference to the desirable scope of instruction, organization,administration, and instructional methods and standards employed orsuitable for employment in public educational systems.
(3) Develop proposals for adequate financing of education as a whole andat each of its many levels.
(4) Conduct or participate in research of the types referred to in thisarticle in any instance where the commission finds that such research isnecessary for the advancement of the purposes and policies of this compact,utilizing fully the resources of national associations, regional compactorganizations for higher education, and other agencies and institutions,both public and private.
(5) Formulate suggested policies and plans for the improvement of publiceducation as a whole, or for any segment thereof, and make recommendationswith respect thereto available to the appropriate governmental 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 V.--Cooperation With Federal Government
(A) If the laws of the United States specifically so provide, or ifadministrative provision is made therefor within the federal government,the United States may be represented on the commission by not to exceed tenrepresentatives. Any such representative or representatives of the UnitedStates shall be appointed and serve in such manner as may be provided by orpursuant to federal law, and may be drawn from any one or more branches ofthe federal government, but no such representative shall have a vote on thecommission.
(B) The commission may provide information and make recommendations toany executive or legislative agency or officer of the federal governmentconcerning the common educational policies of the states, and may advisewith any such agencies or officers concerning any matter of mutualinterest.
Article VI.--Committees
(A) To assist in the expeditious conduct of its business when the fullcommission is not meeting, the commission shall elect a steering committeeof thirty-two members which, subject to the provisions of this compact andconsistent with the policies of the commission, shall be constituted andfunction as provided in the bylaws of the commission. One-fourth of thevoting membership of the steering committee shall consist of governors,one-fourth shall consist of legislators and the remainder shall consist ofother members of the commission. A federal representative on the commissionmay serve with the steering committee, but without vote. The voting membersof the steering committee shall serve for terms of two years, except thatmembers 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 membersof the 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,but the commission at its next regularly ensuing meeting following theoccurrence of any vacancy shall fill it for the unexpired term. No personshall 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 becounted toward the two term limitation.
(B) The commission may establish advisory and technical committeescomposed of state, local, and federal officials, and private persons toadvise it with respect to any one or more of its functions. Any advisory ortechnical committee may, on request of the states concerned, be establishedto consider any matter of special concern to two or more of the partystates.
(C) The commission may establish such additional committees as itsbylaws may provide.
Article VII.--Finance
(A) The commission shall advise the governor or designated officer orofficers of each party state of its budget and estimated expenditures forsuch period as may be required by the laws of that party state. Each of thecommission's budgets of estimated expenditures shall contain specificrecommendations of the amount or amounts to be appropriated by each of theparty states.
(B) The total amount of appropriation requests under any budget shall beapportioned among the party states. In making such apportionment, thecommission shall devise and employ a formula which takes equitable accountof the populations and per capita income levels of the party states.
(C) The commission shall not pledge the credit of any party states. Thecommission may meet any of its obligations in whole or in part with fundsavailable to it pursuant to article III (G) of this compact, provided thatthe commission takes specific action setting aside such funds prior toincurring 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 toarticle III (G) thereof, the commission shall not incur any obligationprior to the allotment of funds by the party states adequate to meet thesame.
(D) The commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the commission shall besubject to the audit and accounting procedures established by its bylaws.However, all receipts and disbursements of funds handled by the commissionshall be audited yearly by a qualified public accountant, and the report ofthe audit shall be included in and become part of the annual reports of thecommission.
(E) The accounts of the commission shall be open at any reasonable timefor inspection by duly constituted officers of the party states and by anypersons authorized by the commission.
(F) Nothing contained herein shall be construed to prevent commissioncompliance with laws relating to audit or inspection of accounts by or onbehalf 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 thecommonwealth of Puerto Rico. In respect of any such jurisdiction not havinga governor, the term "governor," as used in this compact, shall mean theclosest equivalent official of such jurisdiction.
(B) Any state or other eligible jurisdiction may enter into this compactand it shall become binding thereon when it has adopted the same:Provided, That in order to enter into initial effect, adoption by atleast ten eligible party jurisdictions shall be required.
(C) Adoption of the compact may be either by enactment thereof or byadherence thereto by the governor; provided that in the absence ofenactment, adherence by the governor shall be sufficient to make his statea party only until December 31, 1967. During any period when a state isparticipating in this compact through gubernatorial action, the governorshall appoint those persons who, in addition to himself, shall serve as themembers of the commission from his state, and shall provide to thecommission an equitable share of the financial support of the commissionfrom any source available to him.
(D) Except for a withdrawal effective on December 31, 1967, inaccordance with paragraph (C) of this article, any party state may withdrawfrom this compact by enacting a statute repealing the same, but no suchwithdrawal shall take effect until one year after the governor of thewithdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states. No withdrawal shall affect anyliability already incurred by or chargeable to a party state prior to thetime of such withdrawal.
Article IX.--Construction and Severability
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States, or theapplication thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstanceshall not be affected thereby. If this compact shall be held contrary tothe constitution of any state participating therein, the compact shallremain in full force and effect as to the state affected as to allseverable matters.
72-6011.Text of compact.The compact for education is hereby entered into and enacted into lawwith all jurisdictions legally joining therein, in the form substantiallyas follows:
COMPACT ON EDUCATION Article I.--Purpose and Policy
(A) It is the purpose of this compact to:
(1) Establish and maintain close cooperation and understanding amongexecutive, legislative, professional educational and lay leadership on anationwide basis at the state and local levels.
(2) Provide a forum for the discussion, development, crystallization andrecommendation of public policy alternatives in the field of education.
(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 branches ofstate government and of local communities may have ready access to theexperience and record of the entire country, and so that both lay andprofessional groups in the field of education may have additional avenuesfor the sharing of experience and the interchange of ideas in the formationof public policy in education.
(4) Facilitate the improvement of state and local educational systems sothat all of them will be able to meet adequate and desirable goals in asociety which requires continuous qualitative and quantitative advance ineducational opportunities, methods and facilities.
(B) It is the policy of this compact to encourage and promote local andstate initiative in the development, maintenance, improvement andadministration of educational systems and institutions in a manner whichwill accord with the needs and advantages of diversity among localities andstates.
(C) The party states recognize that each of them has an interest in thequality and quantity of education furnished in each of the other states, aswell 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, welfareand economic advancement of each state are supplied in significant part bypersons educated in other states.
Article II.--State Defined
As used in this compact, "state" means a state, territory, or possessionof the United States, the District of Columbia, or the Commonwealth ofPuerto Rico.
Article III.--The Commission
(A) The education commission of the states, hereinafter called "thecommission," is hereby established. The commission shall consist of sevenmembers representing each party state. One of such members shall be thegovernor; two shall be members of the state legislature selected by itsrespective houses and serving in such manner as the legislature maydetermine; and four shall be appointed by and serve at the pleasure of thegovernor, unless the laws of the state otherwise provide. If the laws of astate prevent legislators from serving on the commission, six members shallbe appointed and serve at the pleasure of the governor, unless the laws ofthe state otherwise provide. In addition to any other principles orrequirements which a state may establish for the appointment and service ofits members of the commission, the guiding principle for the composition ofthe membership on the commission from each party state shall be that themembers representing such state shall, by virtue of their training,experience, knowledge or affiliations be in a position collectively toreflect broadly the interests of the state government, higher education,the state educational system, local education, lay and professional, publicand nonpublic educational leadership. Of those appointees, one shall be thehead of a state agency or institution, designated by the governor, havingresponsibility for one or more programs of public education. In addition tothe members of the commission representing the party states, there may benot to exceed ten nonvoting commissioners selected by the steeringcommittee for terms of one year. Such commissioners shall represent leadingnational organizations of professional educators or persons concerned witheducational administration.
(B) The members of the commission shall be entitled to one vote each onthe commission. No action of the commission shall be binding unless takenat a meeting at which a majority of the total number of votes on thecommission are cast in favor thereof. Action of the commission shall beonly at a meeting at which a majority of the commissioners are present. Thecommission shall meet at least once a year. In its bylaws, and subject tosuch directions and limitations as may be contained therein, the commissionmay delegate the exercise of any of its powers to the steering committee orthe executive director, except for the power to approve budgets or requestsfor appropriations, the power to make policy recommendations pursuant toarticle 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, achairman, who shall be a governor, a vice-chairman and a treasurer. Thecommission shall provide for the appointment of an executive director. Suchexecutive director shall serve at the pleasure of the commission, andtogether with the treasurer and such other personnel as the commission maydeem appropriate shall be bonded in such amount as the commission shalldetermine. The executive director shall be secretary.
(E) Irrespective of the civil service, personnel or other merit systemlaws of any of the party states, the executive director subject to theapproval of the steering committee shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the functions of thecommission, and shall fix the duties and compensation of such personnel.The commission in its bylaws shall provide for the personnel policies andprograms of the commission.
(F) The commission may borrow, accept or contract for the services ofpersonnel from any party jurisdiction, the United States, or anysubdivision or agency of the aforementioned governments, or from any agencyof two or more of the party jurisdictions or their subdivisions.
(G) The commission may accept for any of its purposes and functionsunder 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 anddispose of the same. Any donation or grant accepted by the commissionpursuant 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 thedonation, grant, or services borrowed, and the identity of the donor orlender.
(H) The commission may establish and maintain such facilities as may benecessary 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 businessand shall have the power to amend and rescind these bylaws. The commissionshall publish its bylaws in convenient form and shall file a copy thereofand a copy of any amendment thereto, with the appropriate agency or officerin each of the party states.
(J) The commission annually shall make to the governor and legislatureof each party state a report covering the activities of the commission forthe preceding year. The commission may make such additional reports as itmay deem desirable.
Article IV.--Powers
In addition to authority conferred on the commission by other provisionsof 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, but withspecial reference to the desirable scope of instruction, organization,administration, and instructional methods and standards employed orsuitable for employment in public educational systems.
(3) Develop proposals for adequate financing of education as a whole andat each of its many levels.
(4) Conduct or participate in research of the types referred to in thisarticle in any instance where the commission finds that such research isnecessary for the advancement of the purposes and policies of this compact,utilizing fully the resources of national associations, regional compactorganizations for higher education, and other agencies and institutions,both public and private.
(5) Formulate suggested policies and plans for the improvement of publiceducation as a whole, or for any segment thereof, and make recommendationswith respect thereto available to the appropriate governmental 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 V.--Cooperation With Federal Government
(A) If the laws of the United States specifically so provide, or ifadministrative provision is made therefor within the federal government,the United States may be represented on the commission by not to exceed tenrepresentatives. Any such representative or representatives of the UnitedStates shall be appointed and serve in such manner as may be provided by orpursuant to federal law, and may be drawn from any one or more branches ofthe federal government, but no such representative shall have a vote on thecommission.
(B) The commission may provide information and make recommendations toany executive or legislative agency or officer of the federal governmentconcerning the common educational policies of the states, and may advisewith any such agencies or officers concerning any matter of mutualinterest.
Article VI.--Committees
(A) To assist in the expeditious conduct of its business when the fullcommission is not meeting, the commission shall elect a steering committeeof thirty-two members which, subject to the provisions of this compact andconsistent with the policies of the commission, shall be constituted andfunction as provided in the bylaws of the commission. One-fourth of thevoting membership of the steering committee shall consist of governors,one-fourth shall consist of legislators and the remainder shall consist ofother members of the commission. A federal representative on the commissionmay serve with the steering committee, but without vote. The voting membersof the steering committee shall serve for terms of two years, except thatmembers 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 membersof the 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,but the commission at its next regularly ensuing meeting following theoccurrence of any vacancy shall fill it for the unexpired term. No personshall 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 becounted toward the two term limitation.
(B) The commission may establish advisory and technical committeescomposed of state, local, and federal officials, and private persons toadvise it with respect to any one or more of its functions. Any advisory ortechnical committee may, on request of the states concerned, be establishedto consider any matter of special concern to two or more of the partystates.
(C) The commission may establish such additional committees as itsbylaws may provide.
Article VII.--Finance
(A) The commission shall advise the governor or designated officer orofficers of each party state of its budget and estimated expenditures forsuch period as may be required by the laws of that party state. Each of thecommission's budgets of estimated expenditures shall contain specificrecommendations of the amount or amounts to be appropriated by each of theparty states.
(B) The total amount of appropriation requests under any budget shall beapportioned among the party states. In making such apportionment, thecommission shall devise and employ a formula which takes equitable accountof the populations and per capita income levels of the party states.
(C) The commission shall not pledge the credit of any party states. Thecommission may meet any of its obligations in whole or in part with fundsavailable to it pursuant to article III (G) of this compact, provided thatthe commission takes specific action setting aside such funds prior toincurring 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 toarticle III (G) thereof, the commission shall not incur any obligationprior to the allotment of funds by the party states adequate to meet thesame.
(D) The commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the commission shall besubject to the audit and accounting procedures established by its bylaws.However, all receipts and disbursements of funds handled by the commissionshall be audited yearly by a qualified public accountant, and the report ofthe audit shall be included in and become part of the annual reports of thecommission.
(E) The accounts of the commission shall be open at any reasonable timefor inspection by duly constituted officers of the party states and by anypersons authorized by the commission.
(F) Nothing contained herein shall be construed to prevent commissioncompliance with laws relating to audit or inspection of accounts by or onbehalf 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 thecommonwealth of Puerto Rico. In respect of any such jurisdiction not havinga governor, the term "governor," as used in this compact, shall mean theclosest equivalent official of such jurisdiction.
(B) Any state or other eligible jurisdiction may enter into this compactand it shall become binding thereon when it has adopted the same:Provided, That in order to enter into initial effect, adoption by atleast ten eligible party jurisdictions shall be required.
(C) Adoption of the compact may be either by enactment thereof or byadherence thereto by the governor; provided that in the absence ofenactment, adherence by the governor shall be sufficient to make his statea party only until December 31, 1967. During any period when a state isparticipating in this compact through gubernatorial action, the governorshall appoint those persons who, in addition to himself, shall serve as themembers of the commission from his state, and shall provide to thecommission an equitable share of the financial support of the commissionfrom any source available to him.
(D) Except for a withdrawal effective on December 31, 1967, inaccordance with paragraph (C) of this article, any party state may withdrawfrom this compact by enacting a statute repealing the same, but no suchwithdrawal shall take effect until one year after the governor of thewithdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states. No withdrawal shall affect anyliability already incurred by or chargeable to a party state prior to thetime of such withdrawal.
Article IX.--Construction and Severability
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States, or theapplication thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstanceshall not be affected thereby. If this compact shall be held contrary tothe constitution of any state participating therein, the compact shallremain in full force and effect as to the state affected as to allseverable matters.
