173.300. The Compact for Education is hereby entered intoand enacted into law with all jurisdictions legally joiningtherein, in the form substantially as follows:
Article I
Purpose and Policy
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation andunderstanding among the executive, legislative, professional,educational and lay leadership on a nationwide basis at the stateand 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 on mattersrelating to educational problems and how they are being met indifferent places throughout the nation, so that the executive andlegislative branches of state government and of local communitiesmay have ready access to the experience and record of the entirecountry, and so that both lay and professional groups in thefield of education may have additional avenues for the sharing ofexperience and the interchange of ideas in the formation ofpublic 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 continuousqualitative and quantitative advance in educationalopportunities, methods and facilities.
B. It is the policy of this compact to encourage and promotelocal and state initiative in the development, maintenance,improvement and administration of educational systems andinstitutions in a manner which will accord with the needs andadvantages of diversity among localities and states.
C. The party states recognize that each of them has aninterest in the quality and quantity of education furnished ineach of the other states, as well as in the excellence of its owneducational systems and institutions, because of the highlymobile character of individuals within the nation, and becausethe products and services contributing to the health, welfare andeconomic 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, orpossession of the United States, the District of Columbia, or theCommonwealth of Puerto Rico.
Article III
The Commission
A. The Educational Commission of the States, hereinaftercalled "the commission", is hereby established. The commissionshall consist of seven members representing each party state.One of such members shall be the governor; two shall be membersof the state legislature selected by its respective houses andserving in such manner as the legislature may determine; and fourshall be appointed by and serve at the pleasure of the governor,unless the laws of the state otherwise provide. If the laws of astate prevent legislators from serving on the commission, sixmembers shall be appointed and serve at the pleasure of thegovernor, unless the laws of the state otherwise provide. Inaddition to any other principles or requirements which a statemay establish for the appointment and service of its members ofthe commission, the guiding principle for the composition of themembership on the commission from each party state shall be thatthe members representing such state shall, by virtue of theirtraining, experience, knowledge or affiliations be in a positioncollectively to reflect broadly the interests of the stategovernment, higher education, the state education system, localeducation, lay and professional, public and non-publiceducational leadership. Of those appointees, one shall be thehead of a state agency or institution, designated by thegovernor, having responsibility for one or more programs ofpublic education. In addition to the members of the commissionrepresenting the party states, there may be not to exceed tennon-voting commissioners selected by the steering committee forterms of one year. Such commissioners shall represent leadingnational organizations of professional educators or personsconcerned with educational administration.
B. The members of the commission shall be entitled to onevote each on the commission. No action of the commission shallbe binding unless taken at a meeting at which a majority of thetotal number of votes on the commission are cast in favorthereof. Action of the commission shall be only at a meeting atwhich a majority of the commissioners are present. Thecommission shall meet at least once a year. In its bylaws, andsubject to such directions and limitations as may be containedtherein, the commission may delegate the exercise of any of itspowers to the steering committee or the executive director,except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuantto Article IV and adoption of the annual report pursuant toArticle III(J).
C. The commission shall have a seal.
D. The commission shall elect annually, from among itsmembers, a chairman, who shall be a governor, a vice chairman anda treasurer. The commission shall provide for the appointment ofan executive director. Such executive director shall serve atthe pleasure of the commission, and together with the treasurerand such other personnel as the commission may deem appropriateshall be bonded in such amount as the commission shall determine.The executive director shall be secretary.
E. Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executivedirector subject to the approval of the steering committee shallappoint, remove or discharge such personnel as may be necessaryfor the performance of the functions of the commission, and shallfix the duties and compensation of such personnel. Thecommission in its bylaws shall provide for the personnel policiesand programs of the commission.
F. The commission may borrow, accept or contract for theservices of personnel from any party jurisdiction, the UnitedStates, or any subdivision or agency of the aforementionedgovernments, or from any agency of two or more of the partyjurisdictions or their subdivisions.
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, conditionalor otherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association,foundation, or corporation, and may receive, utilize and disposeof the same. Any donation or grant accepted by the commissionpursuant to this paragraph or services borrowed pursuant toparagraph (F) of this article shall be reported in the annualreport of the commission. Such report shall include the nature,amount and conditions, if any, of the donation, grant, orservices borrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilitiesas may be necessary for the transacting of its business. Thecommission may acquire, hold, and convey real and personalproperty and any interest 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 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 theparty states.
J. The commission annually shall make to the governor andlegislature of each party state a report covering the activitiesof the commission for the preceding year. The commission maymake such additional reports as it may deem desirable.
Article IV
Powers
In addition to authority conferred on the commission by otherprovisions of the compact, the commission shall have authorityto:
1. Collect, correlate, analyze and interpret information anddata concerning educational needs and resources.
2. Encourage and foster research in all aspects ofeducation, but with special reference to the desirable scope ofinstruction, organization, administration, and instructionalmethods and standards employed or suitable for employment inpublic educational systems.
3. Develop proposals for adequate financing of education asa whole and at each of its many levels.
4. Conduct or participate in research of the types referredto in this article in any instance where the commission findsthat such research is necessary for the advancement of thepurposes and policies of this compact, utilizing fully theresources of national associations, regional compactorganizations for higher education, and other agencies andinstitutions, both public and private.
5. Formulate suggested policies and plans for theimprovement of public education as a whole or for any segmentthereof, and make recommendations with respect thereto availableto the appropriate governmental units, agencies and publicofficials.
6. Do such other things as may be necessary or incidental tothe administration of any of its authority or functions pursuantto 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 thefederal government, the United States may be represented on thecommission by not to exceed ten 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 representativeshall have a vote on the commission.
B. The commission may provide information and makerecommendations to any executive or legislative agency or officerof the federal government concerning the common educationalpolicies of the states, and may advise with any such agencies orofficers concerning any matter of mutual interest.
Article VI
Committees
A. To assist in the expeditious conduct of its business whenthe full commission is not meeting, the commission shall elect asteering committee of thirty-two members which, subject to theprovisions of this compact and consistent with the policies ofthe commission, shall be constituted and function as provided inthe bylaws of the commission. Eight of the voting membership ofthe steering committee shall consist of governors, eight shall belegislators, and the remainder shall consist of other members ofthe commission. A federal representative on the commission mayserve with the steering committee, but without vote. The votingmembers of the steering committee shall serve for terms of twoyears, except that members elected to the first steeringcommittee of the commission shall be elected as follows: sixteenfor one year and sixteen for two years. The chairman, vicechairman, and treasurer of the commission shall be members of thesteering committee and, anything in this paragraph to thecontrary notwithstanding, shall serve during their continuance inthese offices. Vacancies in the steering committee shall notaffect its authority to act, but the commission at its nextregularly ensuing meeting following the occurrence of any vacancyshall fill it for the unexpired term. No person shall serve morethan two terms as a member of the steering committee; providedthat 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 technicalcommittees composed of state, local and federal officials, andprivate persons to advise it with respect to any one or more ofits functions. Any advisory or technical committee may, onrequest of the states concerned, be established to consider anymatter of special concern to two or more of the party states.
C. The commission may establish such additional committeesas its bylaws may provide.
Article VII
Finance
A. The commission shall advise the governor or designatedofficer or officers of each party state of its budget andestimated expenditures for such period as may be required by thelaws of that party state. Each of the commission's budgets ofestimated expenditures shall contain specific recommendations ofthe amount or amounts to be appropriated by each of the partystates.
B. The total amount of appropriation requests under anybudget shall be apportioned among the party states. In makingsuch apportionment, the commission shall devise and employ aformula which takes equitable account of the populations and percapita income levels of the party states.
C. The commission shall not pledge the credit of any partystates. The commission may meet any of its obligations in wholeor in part with funds available to it pursuant to Article III(G)of this compact, provided that the commission takes specificaction setting aside such funds prior to incurring an obligationto be met in whole or in part in such manner. Except where thecommission makes use of funds available to it pursuant to ArticleIII(G) thereof, the commission shall not incur any obligationprior to the allotment of funds by the party states adequate tomeet the same.
D. The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements ofthe commission shall be subject to the audit and accountingprocedures established by its bylaws. However, all receipts anddisbursements of funds handled by the commission shall be auditedyearly by a qualified public accountant, and the report of theaudit shall be included in and become part of the annual reportsof the commission.
E. The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers ofthe party states and by any person authorized by the commission.
F. Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspectionof accounts by or on behalf of any government contributing to thesupport 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 Districtof Columbia, and the Commonwealth of Puerto Rico. In respect ofany such jurisdiction not having a governor, the term "governor",as used in this compact, shall mean the closest equivalentofficial of such jurisdiction.
B. Any state or other eligible jurisdiction may enter intothis compact and it shall become binding thereon when it hasadopted the same; provided that in order to enter into initialeffect, adoption by at least ten eligible party jurisdictionsshall be required.
C. Adoption of the compact may be either by enactmentthereof or by adherence thereto by the governor; provided that inthe absence of enactment, adherence by the governor shall besufficient to make his state a party only until December 31,1967. During any period when a state is participating in thiscompact through gubernatorial action, the governor shall appointthose persons who, in addition to himself, shall serve as themembers of the commission from his state, and shall provide tothe commission an equitable share of the financial support of thecommission from 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 maywithdraw from this compact by enacting a statute repealing thesame, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of all other partystates. No withdrawal shall affect any liability alreadyincurred by or chargeable to a party state prior to the time ofsuch withdrawal.
Article IX
Construction and Severability
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall beseverable and if any phrase, clause, sentence or provision ofthis compact is declared to be contrary to the constitution ofany state or of the United States, or the application thereof toany government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and theapplicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compactshall be held contrary to the constitution of any stateparticipating therein, the compact shall remain in full force andeffect as to the state affected as to all severable matters.
173.300. The Compact for Education is hereby entered intoand enacted into law with all jurisdictions legally joiningtherein, in the form substantially as follows:
Article I
Purpose and Policy
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation andunderstanding among the executive, legislative, professional,educational and lay leadership on a nationwide basis at the stateand 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 on mattersrelating to educational problems and how they are being met indifferent places throughout the nation, so that the executive andlegislative branches of state government and of local communitiesmay have ready access to the experience and record of the entirecountry, and so that both lay and professional groups in thefield of education may have additional avenues for the sharing ofexperience and the interchange of ideas in the formation ofpublic 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 continuousqualitative and quantitative advance in educationalopportunities, methods and facilities.
B. It is the policy of this compact to encourage and promotelocal and state initiative in the development, maintenance,improvement and administration of educational systems andinstitutions in a manner which will accord with the needs andadvantages of diversity among localities and states.
C. The party states recognize that each of them has aninterest in the quality and quantity of education furnished ineach of the other states, as well as in the excellence of its owneducational systems and institutions, because of the highlymobile character of individuals within the nation, and becausethe products and services contributing to the health, welfare andeconomic 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, orpossession of the United States, the District of Columbia, or theCommonwealth of Puerto Rico.
Article III
The Commission
A. The Educational Commission of the States, hereinaftercalled "the commission", is hereby established. The commissionshall consist of seven members representing each party state.One of such members shall be the governor; two shall be membersof the state legislature selected by its respective houses andserving in such manner as the legislature may determine; and fourshall be appointed by and serve at the pleasure of the governor,unless the laws of the state otherwise provide. If the laws of astate prevent legislators from serving on the commission, sixmembers shall be appointed and serve at the pleasure of thegovernor, unless the laws of the state otherwise provide. Inaddition to any other principles or requirements which a statemay establish for the appointment and service of its members ofthe commission, the guiding principle for the composition of themembership on the commission from each party state shall be thatthe members representing such state shall, by virtue of theirtraining, experience, knowledge or affiliations be in a positioncollectively to reflect broadly the interests of the stategovernment, higher education, the state education system, localeducation, lay and professional, public and non-publiceducational leadership. Of those appointees, one shall be thehead of a state agency or institution, designated by thegovernor, having responsibility for one or more programs ofpublic education. In addition to the members of the commissionrepresenting the party states, there may be not to exceed tennon-voting commissioners selected by the steering committee forterms of one year. Such commissioners shall represent leadingnational organizations of professional educators or personsconcerned with educational administration.
B. The members of the commission shall be entitled to onevote each on the commission. No action of the commission shallbe binding unless taken at a meeting at which a majority of thetotal number of votes on the commission are cast in favorthereof. Action of the commission shall be only at a meeting atwhich a majority of the commissioners are present. Thecommission shall meet at least once a year. In its bylaws, andsubject to such directions and limitations as may be containedtherein, the commission may delegate the exercise of any of itspowers to the steering committee or the executive director,except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuantto Article IV and adoption of the annual report pursuant toArticle III(J).
C. The commission shall have a seal.
D. The commission shall elect annually, from among itsmembers, a chairman, who shall be a governor, a vice chairman anda treasurer. The commission shall provide for the appointment ofan executive director. Such executive director shall serve atthe pleasure of the commission, and together with the treasurerand such other personnel as the commission may deem appropriateshall be bonded in such amount as the commission shall determine.The executive director shall be secretary.
E. Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executivedirector subject to the approval of the steering committee shallappoint, remove or discharge such personnel as may be necessaryfor the performance of the functions of the commission, and shallfix the duties and compensation of such personnel. Thecommission in its bylaws shall provide for the personnel policiesand programs of the commission.
F. The commission may borrow, accept or contract for theservices of personnel from any party jurisdiction, the UnitedStates, or any subdivision or agency of the aforementionedgovernments, or from any agency of two or more of the partyjurisdictions or their subdivisions.
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, conditionalor otherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association,foundation, or corporation, and may receive, utilize and disposeof the same. Any donation or grant accepted by the commissionpursuant to this paragraph or services borrowed pursuant toparagraph (F) of this article shall be reported in the annualreport of the commission. Such report shall include the nature,amount and conditions, if any, of the donation, grant, orservices borrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilitiesas may be necessary for the transacting of its business. Thecommission may acquire, hold, and convey real and personalproperty and any interest 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 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 theparty states.
J. The commission annually shall make to the governor andlegislature of each party state a report covering the activitiesof the commission for the preceding year. The commission maymake such additional reports as it may deem desirable.
Article IV
Powers
In addition to authority conferred on the commission by otherprovisions of the compact, the commission shall have authorityto:
1. Collect, correlate, analyze and interpret information anddata concerning educational needs and resources.
2. Encourage and foster research in all aspects ofeducation, but with special reference to the desirable scope ofinstruction, organization, administration, and instructionalmethods and standards employed or suitable for employment inpublic educational systems.
3. Develop proposals for adequate financing of education asa whole and at each of its many levels.
4. Conduct or participate in research of the types referredto in this article in any instance where the commission findsthat such research is necessary for the advancement of thepurposes and policies of this compact, utilizing fully theresources of national associations, regional compactorganizations for higher education, and other agencies andinstitutions, both public and private.
5. Formulate suggested policies and plans for theimprovement of public education as a whole or for any segmentthereof, and make recommendations with respect thereto availableto the appropriate governmental units, agencies and publicofficials.
6. Do such other things as may be necessary or incidental tothe administration of any of its authority or functions pursuantto 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 thefederal government, the United States may be represented on thecommission by not to exceed ten 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 representativeshall have a vote on the commission.
B. The commission may provide information and makerecommendations to any executive or legislative agency or officerof the federal government concerning the common educationalpolicies of the states, and may advise with any such agencies orofficers concerning any matter of mutual interest.
Article VI
Committees
A. To assist in the expeditious conduct of its business whenthe full commission is not meeting, the commission shall elect asteering committee of thirty-two members which, subject to theprovisions of this compact and consistent with the policies ofthe commission, shall be constituted and function as provided inthe bylaws of the commission. Eight of the voting membership ofthe steering committee shall consist of governors, eight shall belegislators, and the remainder shall consist of other members ofthe commission. A federal representative on the commission mayserve with the steering committee, but without vote. The votingmembers of the steering committee shall serve for terms of twoyears, except that members elected to the first steeringcommittee of the commission shall be elected as follows: sixteenfor one year and sixteen for two years. The chairman, vicechairman, and treasurer of the commission shall be members of thesteering committee and, anything in this paragraph to thecontrary notwithstanding, shall serve during their continuance inthese offices. Vacancies in the steering committee shall notaffect its authority to act, but the commission at its nextregularly ensuing meeting following the occurrence of any vacancyshall fill it for the unexpired term. No person shall serve morethan two terms as a member of the steering committee; providedthat 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 technicalcommittees composed of state, local and federal officials, andprivate persons to advise it with respect to any one or more ofits functions. Any advisory or technical committee may, onrequest of the states concerned, be established to consider anymatter of special concern to two or more of the party states.
C. The commission may establish such additional committeesas its bylaws may provide.
Article VII
Finance
A. The commission shall advise the governor or designatedofficer or officers of each party state of its budget andestimated expenditures for such period as may be required by thelaws of that party state. Each of the commission's budgets ofestimated expenditures shall contain specific recommendations ofthe amount or amounts to be appropriated by each of the partystates.
B. The total amount of appropriation requests under anybudget shall be apportioned among the party states. In makingsuch apportionment, the commission shall devise and employ aformula which takes equitable account of the populations and percapita income levels of the party states.
C. The commission shall not pledge the credit of any partystates. The commission may meet any of its obligations in wholeor in part with funds available to it pursuant to Article III(G)of this compact, provided that the commission takes specificaction setting aside such funds prior to incurring an obligationto be met in whole or in part in such manner. Except where thecommission makes use of funds available to it pursuant to ArticleIII(G) thereof, the commission shall not incur any obligationprior to the allotment of funds by the party states adequate tomeet the same.
D. The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements ofthe commission shall be subject to the audit and accountingprocedures established by its bylaws. However, all receipts anddisbursements of funds handled by the commission shall be auditedyearly by a qualified public accountant, and the report of theaudit shall be included in and become part of the annual reportsof the commission.
E. The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers ofthe party states and by any person authorized by the commission.
F. Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspectionof accounts by or on behalf of any government contributing to thesupport 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 Districtof Columbia, and the Commonwealth of Puerto Rico. In respect ofany such jurisdiction not having a governor, the term "governor",as used in this compact, shall mean the closest equivalentofficial of such jurisdiction.
B. Any state or other eligible jurisdiction may enter intothis compact and it shall become binding thereon when it hasadopted the same; provided that in order to enter into initialeffect, adoption by at least ten eligible party jurisdictionsshall be required.
C. Adoption of the compact may be either by enactmentthereof or by adherence thereto by the governor; provided that inthe absence of enactment, adherence by the governor shall besufficient to make his state a party only until December 31,1967. During any period when a state is participating in thiscompact through gubernatorial action, the governor shall appointthose persons who, in addition to himself, shall serve as themembers of the commission from his state, and shall provide tothe commission an equitable share of the financial support of thecommission from 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 maywithdraw from this compact by enacting a statute repealing thesame, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of all other partystates. No withdrawal shall affect any liability alreadyincurred by or chargeable to a party state prior to the time ofsuch withdrawal.
Article IX
Construction and Severability
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall beseverable and if any phrase, clause, sentence or provision ofthis compact is declared to be contrary to the constitution ofany state or of the United States, or the application thereof toany government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and theapplicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compactshall be held contrary to the constitution of any stateparticipating therein, the compact shall remain in full force andeffect as to the state affected as to all severable matters.
173.300. The Compact for Education is hereby entered intoand enacted into law with all jurisdictions legally joiningtherein, in the form substantially as follows:
Article I
Purpose and Policy
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation andunderstanding among the executive, legislative, professional,educational and lay leadership on a nationwide basis at the stateand 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 on mattersrelating to educational problems and how they are being met indifferent places throughout the nation, so that the executive andlegislative branches of state government and of local communitiesmay have ready access to the experience and record of the entirecountry, and so that both lay and professional groups in thefield of education may have additional avenues for the sharing ofexperience and the interchange of ideas in the formation ofpublic 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 continuousqualitative and quantitative advance in educationalopportunities, methods and facilities.
B. It is the policy of this compact to encourage and promotelocal and state initiative in the development, maintenance,improvement and administration of educational systems andinstitutions in a manner which will accord with the needs andadvantages of diversity among localities and states.
C. The party states recognize that each of them has aninterest in the quality and quantity of education furnished ineach of the other states, as well as in the excellence of its owneducational systems and institutions, because of the highlymobile character of individuals within the nation, and becausethe products and services contributing to the health, welfare andeconomic 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, orpossession of the United States, the District of Columbia, or theCommonwealth of Puerto Rico.
Article III
The Commission
A. The Educational Commission of the States, hereinaftercalled "the commission", is hereby established. The commissionshall consist of seven members representing each party state.One of such members shall be the governor; two shall be membersof the state legislature selected by its respective houses andserving in such manner as the legislature may determine; and fourshall be appointed by and serve at the pleasure of the governor,unless the laws of the state otherwise provide. If the laws of astate prevent legislators from serving on the commission, sixmembers shall be appointed and serve at the pleasure of thegovernor, unless the laws of the state otherwise provide. Inaddition to any other principles or requirements which a statemay establish for the appointment and service of its members ofthe commission, the guiding principle for the composition of themembership on the commission from each party state shall be thatthe members representing such state shall, by virtue of theirtraining, experience, knowledge or affiliations be in a positioncollectively to reflect broadly the interests of the stategovernment, higher education, the state education system, localeducation, lay and professional, public and non-publiceducational leadership. Of those appointees, one shall be thehead of a state agency or institution, designated by thegovernor, having responsibility for one or more programs ofpublic education. In addition to the members of the commissionrepresenting the party states, there may be not to exceed tennon-voting commissioners selected by the steering committee forterms of one year. Such commissioners shall represent leadingnational organizations of professional educators or personsconcerned with educational administration.
B. The members of the commission shall be entitled to onevote each on the commission. No action of the commission shallbe binding unless taken at a meeting at which a majority of thetotal number of votes on the commission are cast in favorthereof. Action of the commission shall be only at a meeting atwhich a majority of the commissioners are present. Thecommission shall meet at least once a year. In its bylaws, andsubject to such directions and limitations as may be containedtherein, the commission may delegate the exercise of any of itspowers to the steering committee or the executive director,except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuantto Article IV and adoption of the annual report pursuant toArticle III(J).
C. The commission shall have a seal.
D. The commission shall elect annually, from among itsmembers, a chairman, who shall be a governor, a vice chairman anda treasurer. The commission shall provide for the appointment ofan executive director. Such executive director shall serve atthe pleasure of the commission, and together with the treasurerand such other personnel as the commission may deem appropriateshall be bonded in such amount as the commission shall determine.The executive director shall be secretary.
E. Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executivedirector subject to the approval of the steering committee shallappoint, remove or discharge such personnel as may be necessaryfor the performance of the functions of the commission, and shallfix the duties and compensation of such personnel. Thecommission in its bylaws shall provide for the personnel policiesand programs of the commission.
F. The commission may borrow, accept or contract for theservices of personnel from any party jurisdiction, the UnitedStates, or any subdivision or agency of the aforementionedgovernments, or from any agency of two or more of the partyjurisdictions or their subdivisions.
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, conditionalor otherwise, from any state, the United States, or any othergovernmental agency, or from any person, firm, association,foundation, or corporation, and may receive, utilize and disposeof the same. Any donation or grant accepted by the commissionpursuant to this paragraph or services borrowed pursuant toparagraph (F) of this article shall be reported in the annualreport of the commission. Such report shall include the nature,amount and conditions, if any, of the donation, grant, orservices borrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilitiesas may be necessary for the transacting of its business. Thecommission may acquire, hold, and convey real and personalproperty and any interest 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 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 theparty states.
J. The commission annually shall make to the governor andlegislature of each party state a report covering the activitiesof the commission for the preceding year. The commission maymake such additional reports as it may deem desirable.
Article IV
Powers
In addition to authority conferred on the commission by otherprovisions of the compact, the commission shall have authorityto:
1. Collect, correlate, analyze and interpret information anddata concerning educational needs and resources.
2. Encourage and foster research in all aspects ofeducation, but with special reference to the desirable scope ofinstruction, organization, administration, and instructionalmethods and standards employed or suitable for employment inpublic educational systems.
3. Develop proposals for adequate financing of education asa whole and at each of its many levels.
4. Conduct or participate in research of the types referredto in this article in any instance where the commission findsthat such research is necessary for the advancement of thepurposes and policies of this compact, utilizing fully theresources of national associations, regional compactorganizations for higher education, and other agencies andinstitutions, both public and private.
5. Formulate suggested policies and plans for theimprovement of public education as a whole or for any segmentthereof, and make recommendations with respect thereto availableto the appropriate governmental units, agencies and publicofficials.
6. Do such other things as may be necessary or incidental tothe administration of any of its authority or functions pursuantto 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 thefederal government, the United States may be represented on thecommission by not to exceed ten 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 representativeshall have a vote on the commission.
B. The commission may provide information and makerecommendations to any executive or legislative agency or officerof the federal government concerning the common educationalpolicies of the states, and may advise with any such agencies orofficers concerning any matter of mutual interest.
Article VI
Committees
A. To assist in the expeditious conduct of its business whenthe full commission is not meeting, the commission shall elect asteering committee of thirty-two members which, subject to theprovisions of this compact and consistent with the policies ofthe commission, shall be constituted and function as provided inthe bylaws of the commission. Eight of the voting membership ofthe steering committee shall consist of governors, eight shall belegislators, and the remainder shall consist of other members ofthe commission. A federal representative on the commission mayserve with the steering committee, but without vote. The votingmembers of the steering committee shall serve for terms of twoyears, except that members elected to the first steeringcommittee of the commission shall be elected as follows: sixteenfor one year and sixteen for two years. The chairman, vicechairman, and treasurer of the commission shall be members of thesteering committee and, anything in this paragraph to thecontrary notwithstanding, shall serve during their continuance inthese offices. Vacancies in the steering committee shall notaffect its authority to act, but the commission at its nextregularly ensuing meeting following the occurrence of any vacancyshall fill it for the unexpired term. No person shall serve morethan two terms as a member of the steering committee; providedthat 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 technicalcommittees composed of state, local and federal officials, andprivate persons to advise it with respect to any one or more ofits functions. Any advisory or technical committee may, onrequest of the states concerned, be established to consider anymatter of special concern to two or more of the party states.
C. The commission may establish such additional committeesas its bylaws may provide.
Article VII
Finance
A. The commission shall advise the governor or designatedofficer or officers of each party state of its budget andestimated expenditures for such period as may be required by thelaws of that party state. Each of the commission's budgets ofestimated expenditures shall contain specific recommendations ofthe amount or amounts to be appropriated by each of the partystates.
B. The total amount of appropriation requests under anybudget shall be apportioned among the party states. In makingsuch apportionment, the commission shall devise and employ aformula which takes equitable account of the populations and percapita income levels of the party states.
C. The commission shall not pledge the credit of any partystates. The commission may meet any of its obligations in wholeor in part with funds available to it pursuant to Article III(G)of this compact, provided that the commission takes specificaction setting aside such funds prior to incurring an obligationto be met in whole or in part in such manner. Except where thecommission makes use of funds available to it pursuant to ArticleIII(G) thereof, the commission shall not incur any obligationprior to the allotment of funds by the party states adequate tomeet the same.
D. The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements ofthe commission shall be subject to the audit and accountingprocedures established by its bylaws. However, all receipts anddisbursements of funds handled by the commission shall be auditedyearly by a qualified public accountant, and the report of theaudit shall be included in and become part of the annual reportsof the commission.
E. The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers ofthe party states and by any person authorized by the commission.
F. Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspectionof accounts by or on behalf of any government contributing to thesupport 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 Districtof Columbia, and the Commonwealth of Puerto Rico. In respect ofany such jurisdiction not having a governor, the term "governor",as used in this compact, shall mean the closest equivalentofficial of such jurisdiction.
B. Any state or other eligible jurisdiction may enter intothis compact and it shall become binding thereon when it hasadopted the same; provided that in order to enter into initialeffect, adoption by at least ten eligible party jurisdictionsshall be required.
C. Adoption of the compact may be either by enactmentthereof or by adherence thereto by the governor; provided that inthe absence of enactment, adherence by the governor shall besufficient to make his state a party only until December 31,1967. During any period when a state is participating in thiscompact through gubernatorial action, the governor shall appointthose persons who, in addition to himself, shall serve as themembers of the commission from his state, and shall provide tothe commission an equitable share of the financial support of thecommission from 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 maywithdraw from this compact by enacting a statute repealing thesame, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of all other partystates. No withdrawal shall affect any liability alreadyincurred by or chargeable to a party state prior to the time ofsuch withdrawal.
Article IX
Construction and Severability
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall beseverable and if any phrase, clause, sentence or provision ofthis compact is declared to be contrary to the constitution ofany state or of the United States, or the application thereof toany government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and theapplicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compactshall be held contrary to the constitution of any stateparticipating therein, the compact shall remain in full force andeffect as to the state affected as to all severable matters.
