§ 20-38-2-1 — Contents of compact for education

The following compact for education, which
has been negotiated by the representatives of the fifty (50) states, is
approved, ratified, adopted, enacted into law, and entered into by the
state as a party and a signatory state, namely:
COMPACT FOR EDUCATION
ARTICLE 1.
PURPOSE AND POLICY.
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding
among executive, legislative, professional educational, and lay
leadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development, crystallization
and recommendation of public policy alternatives in the field of
education.
3. Provide a clearinghouse of information on matters relating to
educational problems and how they are being met in different places
throughout the nation, so that the executive and legislative branches of
state government and of local communities may have ready access to
the experience and record of the entire country, and so that both lay and
professional groups in the fields of education may have additional
avenues for the sharing of experience and the interchange of ideas in
the formation of public policy in education.
4. Facilitate the improvement of state and local educational systems
so that all of them will be able to meet adequate and desirable goals in
a society which requires continuous qualitative and quantitative
advance in educational opportunities, methods and facilities.
B. It is the policy of this compact to encourage and promote local
and state initiative in the development, maintenance, improvement, and
administration of educational systems and institutions in a manner
which will accord with the needs and advantages of diversity among
localities and states.
C. The party states recognize that each of them has an interest in 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, and because the products and services contributing
to the health, welfare, and economic advancement of each state are
supplied in significant part by persons educated in other states.
ARTICLE 2.
STATE DEFINED.
As used in this compact, "state" means a state, territory or
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
ARTICLE 3.
THE COMMISSION.
A. The education commission of the states, hereinafter called "the
commission," is established. The commission shall consist of seven (7)
members representing each party state. One (1) of such members shall
be the governor; two (2) shall be members of the state legislature
selected by its respective houses and serving in such manner as the
legislature may determine; and four (4) shall be appointed by and serve
at the pleasure of the governor, unless the laws of the state otherwise
provide. If the laws of a state prevent legislators from serving on the
commission, six (6) members shall be appointed and serve at the
pleasure of the governor, unless the laws of the state otherwise provide.
In addition to any other principles or requirements which a state may
establish for the appointment and service of its members of the
commission, the guiding principle for the composition of the
membership on the commission for each party state shall be that the
members representing such state shall by virtue of their training,
experience, knowledge or affiliations be in a position collectively to
reflect broadly the interests of the state government, higher education,
the state education system, local education, lay and professional, public
and nonpublic educational leadership. Of those appointees, one (1)
shall be the head of a state agency or institution, designated by the
governor, having responsibility for one (1) or more programs of public
education. In addition to the members of the commission representing
the party states, there may be not to exceed ten (10) nonvoting
commissioners selected by the steering committee for terms of one (1)
year. Such commissioners shall represent leading national
organizations of professional educators or persons concerned with
educational administration.
B. The members of the commission shall be entitled to one (1) vote
each on the commission. No action of the commission shall be binding
unless taken at a meeting at which a majority of the total number of
votes on the commission are cast in favor thereof. Action of the
commission shall be only at a meeting at which a majority of the
commissioners are present. The commission shall meet at least once a
year. In its bylaws, and subject to such directions and limitations as
may be contained therein, the commission may delegate the exercise of
any of its powers to the steering committee or the executive director,
except for the power to approve budgets or requests for appropriations,
and power to make policy recommendations pursuant to Article 4 and
adoption of the annual report pursuant to Article 3(J).
C. The commission shall have a seal.
D. The commission shall elect annually, from among its members,
a chairman, who shall be a governor, a vice chairman, and a treasurer.
The commission shall provide for the appointment of an executive
director. Such executive director shall serve at the pleasure of the
commission, and together with the treasurer and such other personnel
as the commission may deem appropriate shall be bonded in such
amount as the commission shall determine. The executive director shall
be secretary.
E. Irrespective of the civil service, personnel, or other merit system
laws of any of the party states, the executive director subject to the
approval of the steering committee shall appoint, remove or discharge
such personnel as may be necessary for the performance of the
functions of the commission, and shall fix the duties and compensation
of such personnel. The commission in its bylaws shall provide for the
personnel policies and programs of the commission.
F. The commission may borrow, accept, or contract for the services
of personnel from any party jurisdiction, the United States, or any
subdivision or agency of the aforementioned governments, or from any
agency of two (2) or more of the party jurisdictions or their
subdivisions.
G. The commission may accept for any of its purposes and functions
under this compact any and all donations, and grants of money,
equipment, supplies, materials, and services, conditional or otherwise,
from any state, the United States, or any other governmental agency, or
from any person, firm, association, foundation, limited liability
company, or corporation, and may receive, utilize and dispose of the
same. Any donation or grant accepted by the commission pursuant to
this paragraph or services borrowed pursuant to Article 3(F) shall be
reported in the annual report of the commission. Such report shall
include the nature, amount and conditions, if any, of the donation,
grant, or services borrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilities as
may be necessary for the transacting of its business. The commission
may acquire, hold, and convey real and personal property and any
interest therein.
I. The commission shall adopt bylaws for the conduct of its business
and shall have the power to amend and rescind these bylaws. The
commission shall publish (in) its bylaws in convenient form and shall
file a copy thereof and a copy of any amendment thereto, with the
appropriate agency or officer in each of the party states.
J. The commission annually shall make to the governor and
legislature of each party state a report covering the activities of the
commission for the preceding year. The commission may make such
additional reports as it may deem desirable.
ARTICLE 4.
POWERS.
In addition to authority conferred on the commission by other
provisions of the compact, the commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data
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 suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a whole
and at each of its many levels.
4. Conduct or participate in research of the types referred to in this
article in any instance where the commission finds that such research
is necessary for the advancement of the purposes and policies of this
compact, utilizing fully the resources of national associations, regional
compact organizations for higher education, and other agencies and
institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of
public education as a whole, or for any segment thereof, and make
recommendations with respect thereto available to the appropriate
governmental units, agencies, and public officials.
6. Do such other things as may be necessary or incidental to the
administration of any of its authority or functions pursuant to this
compact.
ARTICLE 5.
COOPERATION WITH FEDERAL GOVERNMENT.
A. If the laws of the United States specifically so provide, or if
administrative provision is made therefor within the federal
government, the United States may be represented on the commission
by not to exceed ten (10) representatives. Any such representative or
representatives of the United States shall be appointed and serve in
such manner as may be provided by or pursuant to federal law, and
may be drawn from any one or more branches of the federal
government, but no such representative shall have a vote on the
commission.
B. The commission may provide information and make
recommendations to any executive or legislative agency or officer of
the federal government concerning the common educational policies
of the states, and may advise with any such agencies or officers
concerning any matter of mutual interest.
ARTICLE 6.
COMMITTEES.
A. To assist in the expeditious conduct of its business when the full
commission is not meeting, the commission shall elect a steering
committee of thirty-two (32) members that, subject to the provisions of
this compact and consistent with the policies of the commission, shall
be constituted and function as provided in the by-laws of the
commission. One-fourth (1/4) of the voting membership of the steering
committee shall consist of governors, one-fourth (1/4) shall consist of
legislators, and the remainder shall consist of other members of the
commission. A federal representative on the commission may serve
with the steering committee, but without vote. The voting members of
the steering committee shall serve for terms of two (2) years, except
that members elected to the first steering committee of the commission
shall be elected as follows: sixteen (16) for one (1) year and sixteen
(16) for two (2) years. The chairman, vice chairman, and treasurer of
the commission shall be members of the steering committee and,
anything in this paragraph to the contrary notwithstanding, 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 the occurrence of any
vacancy shall fill it for the unexpired term. No person shall serve more
than two (2) terms as a member of the steering committee; provided
that service for a partial term of one (1) year or less shall not be
counted toward the two (2) term limitation.
B. The commission may establish advisory and technical
committees composed of state, local, and federal officials, and private
persons to advise it with respect to any one (1) or more of its functions.
Any advisory or technical committee may, on request of the states
concerned, be established to consider any matter of special concern to
two (2) or more of the party states.
C. The commission may establish such additional committees as its
bylaws may provide.
ARTICLE 7.
FINANCE.
A. The commission shall advise the governor or designated officer
or officers of each party state of its budget and estimated expenditures
for such period as may be required by the laws of that party state. Each
of the commission's budgets of estimated expenditures shall contain
specific recommendations of the amount or amounts to be appropriated
by each of the party states.
B. The total amount of appropriation requests under any budget
shall be apportioned among the party states. In making such
apportionment, the commission shall devise and employ a formula
which takes equitable account of the populations and per capita income
levels of the party states.
C. The commission shall not pledge the credit of any party states.
The commission may meet any of its obligations in whole or in part
with funds available to it pursuant to Article 3(G) of this compact,
provided, that the commission takes specific action setting aside such
funds prior to incurring an obligation to be met in whole or in part in
such manner. Except where the commission makes use of funds
available to it pursuant to Article 3(G) thereof, the commission shall
not incur any obligation prior to the allotment of funds by the party
states adequate to meet the same.
D. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall
be subject to the audit and accounting procedures established by its
bylaws. However, all receipts and disbursements of funds handled by
the commission shall be audited yearly by a qualified public
accountant, and the report of the audit shall be included in and become
part of the annual reports of the commission.
E. The accounts of the commission shall be open at any reasonable
time for inspection by duly constituted officers of the party states and
by any persons authorized by the commission.
F. Nothing contained herein shall be construed to prevent
commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any government contributing to the support
of the commission.
ARTICLE 8.
ELIGIBLE PARTIES;
ENTRY INTO AND WITHDRAWAL.
A. This compact shall have as eligible parties all states, territories,
and possessions of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico. In respect of any such jurisdiction not
having a governor, the term "governor", as used in this compact, shall
mean the closest equivalent official of such jurisdiction.
B. Any state or other eligible jurisdiction may enter into this
compact, 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 ten (10) eligible party jurisdictions shall be required.
C. Adoption of the compact may be either by enactment thereof or
by adherence thereto by the governor. However, in the absence of
enactment, adherence by the governor shall be sufficient to make his
state a party only until December 31, 1967. During any period when a
state is participating in this compact through gubernatorial action, the
governor shall appoint those persons who, in addition to himself, shall
serve as the members of the commission from his state, and shall
provide to the commission an equitable share of the financial support
of the commission from any source available to him.
D. Except for a withdrawal effective on December 31, 1967, in
accordance with Article 8(C), any party state may withdraw from this
compact by enacting a statute repealing the same, but no such
withdrawal shall take effect until one (1) year after the governor of the
withdrawing state has given notice in writing of the withdrawal to the
governors of all other party states. No withdrawal shall affect any
liability already incurred by or chargeable to a party state prior to the
time of such withdrawal.
ARTICLE 9.
CONSTRUCTION AND SEVERABILITY.
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any state or of the United States, or
the application thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating
therein, the compact shall remain in full force and effect as to the state
affected as to all severable matters.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-11-1-1.]

Legislative History

As added by P.L.1-2005, SEC.22.