§ 22.1-336. Compact entered into and enacted into law; form of compact.
The compact for education is hereby enacted into law and entered into withall jurisdictions legally joining therein in the form substantially asfollows: Article I.
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 to educationalproblems and how they are being met in different places throughout the nationso that the executive and legislative branches of state government and oflocal communities may have ready access to the experience and record of theentire country and so that both lay and professional groups in the field ofeducation may have additional avenues for the sharing of experience and theinterchange of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational systems so thatall of them will be able to meet adequate and desirable goals in a societywhich requires continuous qualitative and quantitative advance in educationalopportunities, methods and facilities.
B. It is the policy of this compact to encourage and promote local and stateinitiative in the development, maintenance, improvement and administration ofeducational systems and institutions in a manner which will accord with theneeds and advantages of diversity among localities and states.
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 institutionsbecause individuals are highly mobile throughout the nation and because theproducts and services contributing to the health, welfare and economicadvancement of each state are supplied in significant part by personseducated in other states. Article II.
As used in this compact, "state" means a state, territory, or possession ofthe United States, the District of Columbia, or the Commonwealth of PuertoRico. Article III.
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, thestate education system, local education and lay and professional, public andnonpublic educational leadership. Of those appointees, one shall be the headof 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 be notto exceed ten nonvoting commissioners selected by the steering committee forterms of one year. Such commissioners shall represent leading nationalorganizations of professional educators or persons concerned with educationaladministration.
B. The members of the Commission shall be entitled to one vote each on theCommission. No action of the Commission shall be binding unless taken at ameeting at which a majority of the total number of votes on the Commissionare cast in favor thereof. Action of the Commission shall be only at ameeting at which a majority of the commissioners are present. The Commissionshall meet at least once a year. In its bylaws and subject to such directionsand limitations as may be contained therein, the Commission may delegate theexercise of any of its powers to the steering committee or the executivedirector except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuant to ArticleIV 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 a chairman, whoshall be a governor, a vice-chairman and a treasurer. The Commission shallprovide for the appointment of an executive director. Such executive directorshall serve at the pleasure of the Commission and, together with thetreasurer and such other personnel as the Commission may deem appropriate,shall be bonded in such amount as the Commission shall determine. Theexecutive director shall serve as secretary of the Commission.
E. Irrespective of the civil service, personnel or other merit system laws ofany of the party states, the executive director, subject to the approval ofthe steering committee, shall appoint, remove or discharge such personnel asmay be necessary for the performance of the functions of the Commission andshall fix the duties and compensation of such personnel. The Commission inits bylaws shall provide for the personnel policies and programs of theCommission.
F. The Commission may borrow, accept or contract for the services ofpersonnel from any party jurisdiction, the United States, or any subdivisionor agency of the aforementioned governments, or from any agency of two ormore of the party jurisdictions or their subdivisions.
G. The Commission may accept for any of its purposes and functions under thiscompact any and all donations and grants of money, equipment, supplies,materials and services, conditional or otherwise, from any state, the UnitedStates, or any other governmental 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 Commission pursuant tothis paragraph or services borrowed pursuant to paragraph F of this articleshall be reported in the annual report of the Commission. Such report shallinclude 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 facilities as may benecessary for transacting its business. The Commission may acquire, hold, andconvey real and personal property and any interest therein.
I. The Commission shall adopt bylaws for the conduct of its business andshall have the power to amend and rescind these bylaws. The Commission shallpublish its bylaws in convenient form and shall file a copy thereof and acopy of any amendment thereto with the appropriate agency or officer in eachof the party states.
J. The Commission annually shall make to the governor and legislature of eachparty state a report covering the activities of the Commission for thepreceding year. The Commission may make such additional reports as it maydeem desirable. Article IV.
In addition to authority conferred on the Commission by other provisions ofthis compact, the Commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data concerningeducational 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 or suitablefor employment in public educational systems;
3. Develop proposals for adequate financing of education as a whole and ateach 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, bothpublic and private;
5. Formulate suggested policies and plans for the improvement of publiceducation as a whole or for any segment thereof and make recommendations withrespect thereto available to the appropriate governmental units, agencies andpublic officials;
6. Do such other things as may be necessary or incidental to theadministration of any of its authority or functions pursuant to this compact. Article V.
A. If the laws of the United States specifically so provide or ifadministrative provision is made therefor within the federal government, theUnited 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 of thefederal government. No such representative shall have a vote on theCommission.
B. The Commission may provide information and make recommendations to anyexecutive or legislative agency or officer of the federal governmentconcerning the common educational policies of the states and may advise anysuch agencies or officers concerning any matter of mutual interest. Article VI.
A. To assist in the expeditious conduct of its business when the fullCommission is not meeting, the Commission shall elect a steering committee ofthirty-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, onefourth shall consist of legislators, and the remainder shall consist of othermembers of the Commission. A federal representative on the Commission mayserve without vote on the steering committee. The voting members of thesteering committee shall serve for terms of two years except that memberselected to the first steering committee of the Commission shall be elected asfollows: Sixteen for one year and sixteen for two years. The chairman,vice-chairman, and treasurer of the Commission shall be members of thesteering 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 committees composed ofstate, local and federal officials and private persons to advise it withrespect to any one or more of its functions. Any advisory or technicalcommittee may, on request of the states concerned, be established to considerany matter of special concern to two or more of the party states.
C. The Commission may establish such additional committees as its bylaws mayprovide. Article VII.
A. The Commission shall advise the governor or designated officer or officersof each party state of its budget and estimated expenditures for such periodas may be required by the laws of that party state. Each of the Commission'sbudgets of estimated expenditures shall contain specific recommendations ofthe amount or amounts to be appropriated by each of the party 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 account ofthe 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 paragraph G of Article III of this compact,provided that the Commission takes specific action setting aside such fundsprior to incurring an obligation to be met in whole or in part in suchmanner. Except where the Commission makes use of funds available to itpursuant to paragraph G of Article III of this compact, the Commission shallnot incur any obligation prior to the allotment of funds by the party statesadequate to meet the same.
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. Inaddition, 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 time forinspection 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.
A. This compact shall have as eligible parties all states, territories, andpossessions of the United States, the District of Columbia, and theCommonwealth of Puerto Rico. In any such jurisdiction not having a governor,the term "governor" as used in this compact shall mean the closestequivalent official of such jurisdiction.
B. Any state or other eligible jurisdiction may enter into this compact andit shall become binding thereon when it has adopted the same; provided thatin order to enter into initial effect, adoption by at least ten eligibleparty jurisdictions shall be required.
C. Adoption of the compact shall be by enactment.
D. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states. No withdrawalshall affect any liability already incurred by or chargeable to a party stateprior to the time of such withdrawal. Article IX.
This compact shall be liberally construed so as to effectuate the purposesthereof. The provisions of this compact shall be severable and if any phrase,clause, sentence or provision of this compact is declared to be contrary tothe constitution of any state or of the United States or if the applicationthereof to any government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and the applicability thereofto 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 andeffect as to the state affected as to all severable matters.
(Code 1950, § 22-345; 1968, c. 564; 1980, c. 559.)
§ 22.1-336. Compact entered into and enacted into law; form of compact.
The compact for education is hereby enacted into law and entered into withall jurisdictions legally joining therein in the form substantially asfollows: Article I.
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 to educationalproblems and how they are being met in different places throughout the nationso that the executive and legislative branches of state government and oflocal communities may have ready access to the experience and record of theentire country and so that both lay and professional groups in the field ofeducation may have additional avenues for the sharing of experience and theinterchange of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational systems so thatall of them will be able to meet adequate and desirable goals in a societywhich requires continuous qualitative and quantitative advance in educationalopportunities, methods and facilities.
B. It is the policy of this compact to encourage and promote local and stateinitiative in the development, maintenance, improvement and administration ofeducational systems and institutions in a manner which will accord with theneeds and advantages of diversity among localities and states.
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 institutionsbecause individuals are highly mobile throughout the nation and because theproducts and services contributing to the health, welfare and economicadvancement of each state are supplied in significant part by personseducated in other states. Article II.
As used in this compact, "state" means a state, territory, or possession ofthe United States, the District of Columbia, or the Commonwealth of PuertoRico. Article III.
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, thestate education system, local education and lay and professional, public andnonpublic educational leadership. Of those appointees, one shall be the headof 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 be notto exceed ten nonvoting commissioners selected by the steering committee forterms of one year. Such commissioners shall represent leading nationalorganizations of professional educators or persons concerned with educationaladministration.
B. The members of the Commission shall be entitled to one vote each on theCommission. No action of the Commission shall be binding unless taken at ameeting at which a majority of the total number of votes on the Commissionare cast in favor thereof. Action of the Commission shall be only at ameeting at which a majority of the commissioners are present. The Commissionshall meet at least once a year. In its bylaws and subject to such directionsand limitations as may be contained therein, the Commission may delegate theexercise of any of its powers to the steering committee or the executivedirector except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuant to ArticleIV 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 a chairman, whoshall be a governor, a vice-chairman and a treasurer. The Commission shallprovide for the appointment of an executive director. Such executive directorshall serve at the pleasure of the Commission and, together with thetreasurer and such other personnel as the Commission may deem appropriate,shall be bonded in such amount as the Commission shall determine. Theexecutive director shall serve as secretary of the Commission.
E. Irrespective of the civil service, personnel or other merit system laws ofany of the party states, the executive director, subject to the approval ofthe steering committee, shall appoint, remove or discharge such personnel asmay be necessary for the performance of the functions of the Commission andshall fix the duties and compensation of such personnel. The Commission inits bylaws shall provide for the personnel policies and programs of theCommission.
F. The Commission may borrow, accept or contract for the services ofpersonnel from any party jurisdiction, the United States, or any subdivisionor agency of the aforementioned governments, or from any agency of two ormore of the party jurisdictions or their subdivisions.
G. The Commission may accept for any of its purposes and functions under thiscompact any and all donations and grants of money, equipment, supplies,materials and services, conditional or otherwise, from any state, the UnitedStates, or any other governmental 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 Commission pursuant tothis paragraph or services borrowed pursuant to paragraph F of this articleshall be reported in the annual report of the Commission. Such report shallinclude 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 facilities as may benecessary for transacting its business. The Commission may acquire, hold, andconvey real and personal property and any interest therein.
I. The Commission shall adopt bylaws for the conduct of its business andshall have the power to amend and rescind these bylaws. The Commission shallpublish its bylaws in convenient form and shall file a copy thereof and acopy of any amendment thereto with the appropriate agency or officer in eachof the party states.
J. The Commission annually shall make to the governor and legislature of eachparty state a report covering the activities of the Commission for thepreceding year. The Commission may make such additional reports as it maydeem desirable. Article IV.
In addition to authority conferred on the Commission by other provisions ofthis compact, the Commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data concerningeducational 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 or suitablefor employment in public educational systems;
3. Develop proposals for adequate financing of education as a whole and ateach 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, bothpublic and private;
5. Formulate suggested policies and plans for the improvement of publiceducation as a whole or for any segment thereof and make recommendations withrespect thereto available to the appropriate governmental units, agencies andpublic officials;
6. Do such other things as may be necessary or incidental to theadministration of any of its authority or functions pursuant to this compact. Article V.
A. If the laws of the United States specifically so provide or ifadministrative provision is made therefor within the federal government, theUnited 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 of thefederal government. No such representative shall have a vote on theCommission.
B. The Commission may provide information and make recommendations to anyexecutive or legislative agency or officer of the federal governmentconcerning the common educational policies of the states and may advise anysuch agencies or officers concerning any matter of mutual interest. Article VI.
A. To assist in the expeditious conduct of its business when the fullCommission is not meeting, the Commission shall elect a steering committee ofthirty-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, onefourth shall consist of legislators, and the remainder shall consist of othermembers of the Commission. A federal representative on the Commission mayserve without vote on the steering committee. The voting members of thesteering committee shall serve for terms of two years except that memberselected to the first steering committee of the Commission shall be elected asfollows: Sixteen for one year and sixteen for two years. The chairman,vice-chairman, and treasurer of the Commission shall be members of thesteering 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 committees composed ofstate, local and federal officials and private persons to advise it withrespect to any one or more of its functions. Any advisory or technicalcommittee may, on request of the states concerned, be established to considerany matter of special concern to two or more of the party states.
C. The Commission may establish such additional committees as its bylaws mayprovide. Article VII.
A. The Commission shall advise the governor or designated officer or officersof each party state of its budget and estimated expenditures for such periodas may be required by the laws of that party state. Each of the Commission'sbudgets of estimated expenditures shall contain specific recommendations ofthe amount or amounts to be appropriated by each of the party 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 account ofthe 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 paragraph G of Article III of this compact,provided that the Commission takes specific action setting aside such fundsprior to incurring an obligation to be met in whole or in part in suchmanner. Except where the Commission makes use of funds available to itpursuant to paragraph G of Article III of this compact, the Commission shallnot incur any obligation prior to the allotment of funds by the party statesadequate to meet the same.
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. Inaddition, 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 time forinspection 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.
A. This compact shall have as eligible parties all states, territories, andpossessions of the United States, the District of Columbia, and theCommonwealth of Puerto Rico. In any such jurisdiction not having a governor,the term "governor" as used in this compact shall mean the closestequivalent official of such jurisdiction.
B. Any state or other eligible jurisdiction may enter into this compact andit shall become binding thereon when it has adopted the same; provided thatin order to enter into initial effect, adoption by at least ten eligibleparty jurisdictions shall be required.
C. Adoption of the compact shall be by enactment.
D. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states. No withdrawalshall affect any liability already incurred by or chargeable to a party stateprior to the time of such withdrawal. Article IX.
This compact shall be liberally construed so as to effectuate the purposesthereof. The provisions of this compact shall be severable and if any phrase,clause, sentence or provision of this compact is declared to be contrary tothe constitution of any state or of the United States or if the applicationthereof to any government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and the applicability thereofto 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 andeffect as to the state affected as to all severable matters.
(Code 1950, § 22-345; 1968, c. 564; 1980, c. 559.)
§ 22.1-336. Compact entered into and enacted into law; form of compact.
The compact for education is hereby enacted into law and entered into withall jurisdictions legally joining therein in the form substantially asfollows: Article I.
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 to educationalproblems and how they are being met in different places throughout the nationso that the executive and legislative branches of state government and oflocal communities may have ready access to the experience and record of theentire country and so that both lay and professional groups in the field ofeducation may have additional avenues for the sharing of experience and theinterchange of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational systems so thatall of them will be able to meet adequate and desirable goals in a societywhich requires continuous qualitative and quantitative advance in educationalopportunities, methods and facilities.
B. It is the policy of this compact to encourage and promote local and stateinitiative in the development, maintenance, improvement and administration ofeducational systems and institutions in a manner which will accord with theneeds and advantages of diversity among localities and states.
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 institutionsbecause individuals are highly mobile throughout the nation and because theproducts and services contributing to the health, welfare and economicadvancement of each state are supplied in significant part by personseducated in other states. Article II.
As used in this compact, "state" means a state, territory, or possession ofthe United States, the District of Columbia, or the Commonwealth of PuertoRico. Article III.
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, thestate education system, local education and lay and professional, public andnonpublic educational leadership. Of those appointees, one shall be the headof 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 be notto exceed ten nonvoting commissioners selected by the steering committee forterms of one year. Such commissioners shall represent leading nationalorganizations of professional educators or persons concerned with educationaladministration.
B. The members of the Commission shall be entitled to one vote each on theCommission. No action of the Commission shall be binding unless taken at ameeting at which a majority of the total number of votes on the Commissionare cast in favor thereof. Action of the Commission shall be only at ameeting at which a majority of the commissioners are present. The Commissionshall meet at least once a year. In its bylaws and subject to such directionsand limitations as may be contained therein, the Commission may delegate theexercise of any of its powers to the steering committee or the executivedirector except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuant to ArticleIV 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 a chairman, whoshall be a governor, a vice-chairman and a treasurer. The Commission shallprovide for the appointment of an executive director. Such executive directorshall serve at the pleasure of the Commission and, together with thetreasurer and such other personnel as the Commission may deem appropriate,shall be bonded in such amount as the Commission shall determine. Theexecutive director shall serve as secretary of the Commission.
E. Irrespective of the civil service, personnel or other merit system laws ofany of the party states, the executive director, subject to the approval ofthe steering committee, shall appoint, remove or discharge such personnel asmay be necessary for the performance of the functions of the Commission andshall fix the duties and compensation of such personnel. The Commission inits bylaws shall provide for the personnel policies and programs of theCommission.
F. The Commission may borrow, accept or contract for the services ofpersonnel from any party jurisdiction, the United States, or any subdivisionor agency of the aforementioned governments, or from any agency of two ormore of the party jurisdictions or their subdivisions.
G. The Commission may accept for any of its purposes and functions under thiscompact any and all donations and grants of money, equipment, supplies,materials and services, conditional or otherwise, from any state, the UnitedStates, or any other governmental 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 Commission pursuant tothis paragraph or services borrowed pursuant to paragraph F of this articleshall be reported in the annual report of the Commission. Such report shallinclude 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 facilities as may benecessary for transacting its business. The Commission may acquire, hold, andconvey real and personal property and any interest therein.
I. The Commission shall adopt bylaws for the conduct of its business andshall have the power to amend and rescind these bylaws. The Commission shallpublish its bylaws in convenient form and shall file a copy thereof and acopy of any amendment thereto with the appropriate agency or officer in eachof the party states.
J. The Commission annually shall make to the governor and legislature of eachparty state a report covering the activities of the Commission for thepreceding year. The Commission may make such additional reports as it maydeem desirable. Article IV.
In addition to authority conferred on the Commission by other provisions ofthis compact, the Commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data concerningeducational 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 or suitablefor employment in public educational systems;
3. Develop proposals for adequate financing of education as a whole and ateach 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, bothpublic and private;
5. Formulate suggested policies and plans for the improvement of publiceducation as a whole or for any segment thereof and make recommendations withrespect thereto available to the appropriate governmental units, agencies andpublic officials;
6. Do such other things as may be necessary or incidental to theadministration of any of its authority or functions pursuant to this compact. Article V.
A. If the laws of the United States specifically so provide or ifadministrative provision is made therefor within the federal government, theUnited 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 of thefederal government. No such representative shall have a vote on theCommission.
B. The Commission may provide information and make recommendations to anyexecutive or legislative agency or officer of the federal governmentconcerning the common educational policies of the states and may advise anysuch agencies or officers concerning any matter of mutual interest. Article VI.
A. To assist in the expeditious conduct of its business when the fullCommission is not meeting, the Commission shall elect a steering committee ofthirty-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, onefourth shall consist of legislators, and the remainder shall consist of othermembers of the Commission. A federal representative on the Commission mayserve without vote on the steering committee. The voting members of thesteering committee shall serve for terms of two years except that memberselected to the first steering committee of the Commission shall be elected asfollows: Sixteen for one year and sixteen for two years. The chairman,vice-chairman, and treasurer of the Commission shall be members of thesteering 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 committees composed ofstate, local and federal officials and private persons to advise it withrespect to any one or more of its functions. Any advisory or technicalcommittee may, on request of the states concerned, be established to considerany matter of special concern to two or more of the party states.
C. The Commission may establish such additional committees as its bylaws mayprovide. Article VII.
A. The Commission shall advise the governor or designated officer or officersof each party state of its budget and estimated expenditures for such periodas may be required by the laws of that party state. Each of the Commission'sbudgets of estimated expenditures shall contain specific recommendations ofthe amount or amounts to be appropriated by each of the party 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 account ofthe 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 paragraph G of Article III of this compact,provided that the Commission takes specific action setting aside such fundsprior to incurring an obligation to be met in whole or in part in suchmanner. Except where the Commission makes use of funds available to itpursuant to paragraph G of Article III of this compact, the Commission shallnot incur any obligation prior to the allotment of funds by the party statesadequate to meet the same.
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. Inaddition, 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 time forinspection 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.
A. This compact shall have as eligible parties all states, territories, andpossessions of the United States, the District of Columbia, and theCommonwealth of Puerto Rico. In any such jurisdiction not having a governor,the term "governor" as used in this compact shall mean the closestequivalent official of such jurisdiction.
B. Any state or other eligible jurisdiction may enter into this compact andit shall become binding thereon when it has adopted the same; provided thatin order to enter into initial effect, adoption by at least ten eligibleparty jurisdictions shall be required.
C. Adoption of the compact shall be by enactment.
D. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofthe withdrawal to the governors of all other party states. No withdrawalshall affect any liability already incurred by or chargeable to a party stateprior to the time of such withdrawal. Article IX.
This compact shall be liberally construed so as to effectuate the purposesthereof. The provisions of this compact shall be severable and if any phrase,clause, sentence or provision of this compact is declared to be contrary tothe constitution of any state or of the United States or if the applicationthereof to any government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and the applicability thereofto 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 andeffect as to the state affected as to all severable matters.
(Code 1950, § 22-345; 1968, c. 564; 1980, c. 559.)
