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State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-104

Part 5. Interstate Compact on Education.

§ 115C‑104.  Enactment of Compact.

The Compact for Education is hereby entered into and enacted into law,with all jurisdictions legally joining therein.  Pursuant to Article III(9) ofthe Compact, the commission shall file a copy of its bylaws and any amendmentthereto with the Secretary of State of North Carolina.  The form of the Compactis substantially as follows:


Article I.  Policy and Purpose.

It is the purpose of this Compact to:

(1)        Establish and maintain close cooperation and understandingamong executive, legislative, professional, educational and lay leadership on anationwide basis at the state and local levels.

(2)        Provide a forum for the discussion, development,crystallization and recommendation of public policy alternatives in the fieldof education.

(3)        Provide a clearinghouse of information on matters relatingto educational problems and how they are being met in different placesthroughout the nation, so that the executive and legislative branches of stategovernment and of local communities may have ready access to the experience andrecord of the entire country, and so that both lay and professional groups inthe field of education may have additional avenues for the sharing ofexperience and the interchange of ideas in the formation of public policy ineducation.

(4)        Facilitate the improvement of state and local educationalsystems so that all of them will be able to meet adequate and desirable goalsin a society which requires continuous qualitative and quantitative advances ineducational opportunities, methods and facilities.

(5)        It is the policy of this Compact to encourage and promotelocal and state initiative in the development, maintenance, improvement andadministration of educational systems and institutions in a manner which willaccord with the needs and advantages of diversity among localities and states.

(6)        The party states recognize that each of them has an interestin the quality and quantity of education furnished in each of the other states,as well as in the excellence of its own educational systems and institutions,because of the highly mobile character of individuals within the nation, andbecause of the products and services contributing to the health, welfare andeconomic advancement of each state which are supplied in significant part bypersons 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 the Commonwealthof Puerto Rico.

Article III.  The Commission.

(1)        The education commission of the states, hereinafter called"the commission," is hereby established.  The commission shallconsist of seven members representing each party state.  One of such membersshall be the governor; two shall be members of the state legislature selectedby its respective 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 shall beappointed and serve at the pleasure of the governor, unless the laws of thestate otherwise provide.  In addition to any other principles or requirementswhich a state may establish for the appointment and service of its members ofthe commission, the guiding principle for the composition of the membership onthe commission from each party state shall be that the members representingsuch state shall, by virtue of their training, experience, knowledge oraffiliations be in a position collectively to reflect broadly the interests ofthe state government, higher education, the state education system, localeducation, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution,designated by the governor, having responsibility for one or more programs ofpublic education.  In addition to the members of the commission representingthe party states, there may be not to exceed 10 nonvoting commissionersselected by the steering committee for terms of one year.  Such commissionersshall represent leading national organizations of professional educators orpersons concerned with educational administration.

(2)        The members of the commission shall be entitled to one voteeach on the commission.  No action of the commission shall be binding unlesstaken at a meeting at which a majority of the total number of votes on thecommission are cast in favor thereof.  Action of the commission shall be onlyat a meeting at which a majority of the commissioners are present.  Thecommission shall meet at least once a year.  In its bylaws, and subject to suchdirections and limitations as may be contained therein, the commission maydelegate the exercise of any of its powers to the steering committee or theexecutive director, except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuant to Article IVand adoption of the annual report pursuant to Article III(10).

(3)        The commission shall have a seal.

(4)        The commission shall elect annually, from among its members,a chairman, who shall be a governor, a vice‑chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, andtogether with the treasurer and such other personnel as the commission may deemappropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

(5)        Irrespective of the civil service, personnel or other meritsystem laws 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 commissionin its bylaws shall provide for the personnel policies and programs of thecommission.

(6)        The commission may borrow, accept or contract for theservices of personnel from any party jurisdiction, the United States, or anysubdivision or agency of the aforementioned governments, or from any agency oftwo or more of the party jurisdictions or their subdivisions.

(7)        The commission may accept for any of its purposes andfunctions under this Compact any and all donations, and grants of money,equipment, supplies, materials and services, conditional or otherwise, from anystate, 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 commission pursuantto this paragraph or services borrowed pursuant to paragraph (6) of thisarticle shall be reported in the annual report of the commission.  Such reportshall include the nature, amount and conditions, if any, of the donation,grant, or services borrowed, and the identity of the donor or lender.

(8)        The commission may establish and maintain such facilities asmay be necessary for the transaction of its business.  The commission mayacquire, hold, and convey real and personal property and any interest therein.

(9)        The commission shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind these bylaws.  Thecommission shall publish its bylaws in convenient form and shall file a copythereof and a copy of any amendment thereto, with the appropriate agency orofficer in each of the party states.

(10)      The commission annually shall make to the governor andlegislature of each party state a report covering the activities of the commissionfor the 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 otherprovisions of the Compact, the commission shall have authority to:

(1)        Collect, correlate, analyze and interpret information anddata concerning educational needs and resources.

(2)        Encourage and foster research in all aspects of education,but with special reference to the desirable scope of instruction, organization,administration, and instructional methods and standards employed or suitablefor employment in public educational systems.

(3)        Develop proposals for adequate financing of education as awhole and at each of its many levels.

(4)        Conduct or participate in research of the types referred toin this article in any instance where the commission finds that such researchis necessary 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, bothpublic and private.

(5)        Formulate suggested policies and plans for the improvementof public education as a whole, or for any segment thereof, and makerecommendations with respect thereto available to the appropriate governmentalunits, agencies and public officials.

(6)        Do such other things as may be necessary or incidental tothe administration of any of its authority or functions pursuant to thisCompact.

Article V.  Cooperation with Federal Government.

(1)        If the laws of the United States specifically so provide, orif administrative provision is made therefor within the federal government, theUnited States may be represented on the commission by not to exceed 10 representatives. Any such representative or representatives of the United States shall beappointed and serve in such manner as may be provided by or pursuant to federallaw, and may be drawn from any one or more branches of the federal government,but no such representatives shall have a vote on the commission.

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

Article VI.  Committees.

(1)        To assist in the expeditious conduct of its business whenthe full commission is not meeting, the commission shall elect a steeringcommittee of 32 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 the votingmembership of the steering committee shall consist of governors, one fourthshall consist of legislators, and the remainder shall consist of other membersof the commission.  A federal representative on the commission may serve withthe steering committee, but without vote.  The voting members of the steeringcommittee shall serve for terms of two years, except that members elected tothe first steering committee of the commission shall be elected as follows: 16for one year and 16 for two years.  The chairman, vice‑chairman, andtreasurer of the commission shall be members of the steering committee and,anything in this paragraph to the contrary notwithstanding, shall serve duringtheir continuance in these offices.  Vacancies in the steering committee shallnot affect its authority to act, but the commission at its next regularlyensuing meeting following the occurrence of any vacancy shall fill it for theunexpired term.  No person shall serve more than two terms as a member of thesteering committee; provided that service for a partial term of one year orless shall not be counted toward the two‑term limitation.

(2)        The commission may establish advisory and technicalcommittees composed of state, local, and federal officials, and private personsto advise it with respect to any one or more of its functions.  Any advisory ortechnical committee may, on request of the states concerned, be established toconsider any matter of special concern to two or more of the party states.

(3)        The commission may establish such additional committees asits bylaws may provide.

Article VII.  Finance.

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

(2)        The total amount of appropriation requests under any budgetshall be apportioned among the party states.  In making such apportionment, thecommission shall devise and employ a formula which takes equitable account ofthe populations and per capita income levels of the party states.

(3)        The commission shall not pledge the credit of any partystates.  The commission may meet any of its obligations in whole or in partwith funds available to it pursuant to Article III(7) of this Compact, providedthat the commission takes specific action setting aside such funds prior toincurring an obligation to be met in whole or in part in such manner.  Exceptwhere the commission makes use of funds available to it pursuant to ArticleIII(7) thereof, the commission shall not incur any obligation prior to theallotment of funds by the party states adequate to meet the same.

(4)        The commission shall keep accurate accounts of all receiptsand disbursements.  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 of theaudit shall be included in and become part of the annual reports of thecommission.

(5)        The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of the party statesand by any persons authorized by the commission.

(6)        Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspection of accounts byor on behalf of any government contributing to the support of the commission.

Article VIII.  Eligible Parties' Entry into and Withdrawal.

(1)        This Compact shall have as eligible parties all states,territories, and possessions of the United States, the District of Columbia,and the Commonwealth of Puerto Rico.  In respect of any such jurisdiction nothaving a governor, the term "governor," as used in this Compact,shall mean the closest equivalent official of such jurisdiction.

(2)        Any state or other eligible jurisdiction may enter into thisCompact and it shall become binding thereon when it has adopted the same:Provided that in order to enter into initial effect, adoption by at least 10eligible party jurisdictions shall be required.

(3)        Adoption of the Compact may be either by enactment thereofor by adherence thereto by the governor; provided that in the absence ofenactment, adherence by the governor shall be sufficient to make his state aparty only until December 31, 1967.  During any period when a state isparticipating in this Compact through gubernatorial action, the governor shallappoint those persons who, in addition to himself, shall serve as the membersof the commission from his state, and shall provide to the commission anequitable share of the financial support of the commission from any sourceavailable to him.

(4)        Except for a withdrawal effective on December 31, 1967, inaccordance with paragraph (3) 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 any liabilityalready incurred by or chargeable to a party state prior to the time of suchwithdrawal.

Article IX.  Construction and Severability.

This Compact shall be liberally construed so as to effectuate thepurposes thereof.  The provisions of this Compact shall be severable and if anyphrase, 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 is heldinvalid, the validity of the remainder of this Compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby.  If this Compact shall be held contrary to the constitution of anystate participating therein, the Compact shall remain in full force and effectas to the state affected as to all severable matters. (1967, c. 1020; 1981, c. 423, s. 1; 1991, c. 369, s.1.)