§ 107 — Compact for education

New York § 107

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Part 1: General Provisions
• Art. 3: Education Department

Text

§ 107. Compact for education. 1. The compact for education is hereby\nentered into and enacted into law with all jurisdictions legally joining\ntherein, in the form substantially as follows:\n COMPACT FOR EDUCATION PREAMBLE\n WHEREAS, the proper education of all citizens is one of the most\nimportant responsibilities of the states to preserve a free and open\nsociety in the United States; and,\n WHEREAS, the increasing demands of our whole national life for\nimproving and expanding educational services require a broad exchange of\nresearch data and information concerning the problems and practices of\neducation; and,\n WHEREAS, there is a vital need for strengthening the voices of the\nstates in the formulation of alternative nationwide educational\npolicies,\n THE STATES AFFIRM the need for close and continuing consultation among\nour several states on all matters of education, and do hereby establish\nthis compact for education.\n Article I. Purpose and Policy.\n A. It is the purpose of this compact to:\n 1. Establish and maintain close cooperation and understanding among\nexecutive, legislative, professional educational and lay leadership on a\nnationwide basis at the state and local levels.\n 2. Provide a forum for the discussion, development, crystallization\nand recommendation of public policy alternatives in the field of\neducation.\n 3. Provide a clearing house of information on matters relating to\neducational problems and how they are being met in different places\nthroughout the nation, so that the executive and legislative branches of\nstate government and of local communities may have ready access to the\nexperience and record of the entire country, and so that both lay and\nprofessional groups in the field of education may have additional\navenues for the sharing of experience and the interchange of ideas in\nthe formation of public policy in education.\n 4. Facilitate the improvement of state and local educational systems\nso that all of them will be able to meet adequate and desirable goals in\na society which requires continuous qualitative and quantitative advance\nin educational opportunities, methods and facilities.\n B. It is the policy of this compact to encourage and promote local and\nstate initiative in the development, maintenance, improvement and\nadministration of educational systems and institutions in a manner which\nwill accord with the needs and advantages of diversity among localities\nand states.\n C. The party states recognize that each of them has an interest in the\nquality and quantity of education furnished in each of the other states,\nas well as in the excellence of its own educational systems and\ninstitutions, because of the highly mobile character of individuals\nwithin the nation, and because the products and services contributing to\nthe health, welfare and economic advancement of each state are supplied\nin significant part by persons educated in other states.\n Article II. State Defined.\n As used in this compact, "state" means a state, territory, or\npossession of the United States, the District of Columbia, or the\nCommonwealth of Puerto Rico.\n Article III. The Commission.\n A. The educational commission of the states, hereinafter called "the\ncommission", is hereby established. The commission shall consist of\nseven members representing each party state. One of such members shall\nbe the governor; two shall be members of the state legislature selected\nby its respective houses and serving in such manner as the legislature\nmay determine; and four shall be appointed by and serve at the pleasure\nof the governor, unless the laws of the state otherwise provide. If the\nlaws of a state prevent legislators from serving on the commission, six\nmembers shall be appointed by and serve at the pleasure of the governor,\nunless the laws of the state otherwise provide. In addition to any other\nprinciples or requirements which a state may establish for the\nappointment and service of its members of the commission, the guiding\nprinciple for the composition of the membership on the commission from\neach party state shall be that the members representing such state\nshall, by virtue of their training, experience, knowledge or\naffiliations be in a position collectively to reflect broadly the\ninterests of the state government, higher education, the state education\nsystem, local education, lay and professional, public and non-public\neducational leadership. Of those appointees, one shall be the head of a\nstate agency or institution, designated by the governor, having\nresponsibility for one or more programs of public education. In addition\nto the members of the commission representing the party states, there\nmay be not to exceed ten non-voting commissioners selected by the\nsteering committee for terms of one year. Such commissioners shall\nrepresent leading national organizations of professional educators or\npersons concerned with educational administration.\n B. The members of the commission shall be entitled to one vote each on\nthe commission. No action of the commission shall be binding unless\ntaken at a meeting at which a majority of the total number of votes on\nthe commission are cast in favor thereof. Action of the commission shall\nbe only at a meeting at which a majority of the commissioners are\npresent. The commission shall meet at least once a year. In its bylaws,\nand subject to such directions and limitations as may be contained\ntherein, the commission may delegate the exercise of any of its powers\nto the steering committee or the executive director, except for the\npower to approve budgets or requests for appropriations, the power to\nmake policy recommendations pursuant to article V and adoption of the\nannual report pursuant to article III (j).\n C. The commission shall have a seal.\n D. The commission shall elect annually, from among its members, a\nchairman, who shall be a governor, a vice chairman and a treasurer. The\ncommission shall provide for the appointment of an executive director.\nSuch executive director shall serve at the pleasure of the commission,\nand together with the treasurer and such other personnel as the\ncommission may deem appropriate shall be bonded in such amount as the\ncommission shall determine. The executive director shall be secretary.\n E. Irrespective of the civil service, personnel or other merit system\nlaws of any of the party states, the executive director subject to the\napproval of the steering committee shall appoint, remove or discharge\nsuch personnel as may be necessary for the performance of the functions\nof the commission, and shall fix the duties and compensation of such\npersonnel. The commission in its bylaws shall provide for the personnel\npolicies and programs of the commission.\n F. The commission may borrow, accept or contract for the services of\npersonnel from any party jurisdiction, the United States, or any\nsubdivision or agency of the aforementioned governments, or from any\nagency of two or more of the party jurisdictions or their subdivisions.\n G. The commission may accept for any of its purposes and functions\nunder this compact any and all donations, and grants of money,\nequipment, supplies, materials and services, conditional or otherwise,\nfrom any state, the United States, or any other governmental agency, or\nfrom any person, firm, association, foundation, or corporation, and may\nreceive, utilize and dispose of the same. Any donation or grant accepted\nby the commission pursuant to this paragraph or services borrowed\npursuant to paragraph (f) of this article shall be reported in the\nannual report of the commission. Such report shall include the nature,\namount and conditions, if any, of the donation, grant, or services\nborrowed, and the identity of the donor or lender.\n H. The commission may establish and maintain such facilities as may be\nnecessary for the transacting of its business. The commission may\nacquire, hold, and convey real and personal property and any interest\ntherein.\n I. The commission shall adopt bylaws for the conduct of its business\nand shall have the power to amend and rescind these bylaws. The\ncommission shall publish its bylaws in convenient form and shall file a\ncopy thereof and a copy of any amendment thereto, with the appropriate\nagency or officer in each of the party states.\n J. The commission annually shall make to the governor and legislature\nof each party state a report covering the activities of the commission\nfor the preceding year. The commission may make such additional reports\nas it may deem desirable.\n Article IV. Powers.\n In addition to authority conferred on the commission by other\nprovisions of the compact, the commission shall have authority to:\n 1. Collect, correlate, analyze and interpret information and data\nconcerning educational needs and resources.\n 2. Encourage and foster research in all aspects of education, but with\nspecial reference to the desirable scope of instruction, organization,\nadministration, and instructional methods and standards employed or\nsuitable for employment in public educational systems.\n 3. Develop proposals for adequate financing of education as a whole\nand at each of its many levels.\n 4. Conduct or participate in research of the types referred to in this\narticle in any instance where the commission finds that such research is\nnecessary for the advancement of the purposes and policies of this\ncompact, utilizing fully the resources of national associations,\nregional compact organizations for higher education, and other agencies\nand institutions, both public and private.\n 5. Formulate suggested policies and plans for the improvement of\npublic education as a whole, or for any segment thereof, and make\nrecommendations with respect thereto available to the appropriate\ngovernmental units, agencies and public officials.\n 6. Do such other things as may be necessary or incidental to the\nadministration of any of its authority or functions pursuant to this\ncompact.\n Article V. Cooperation With Federal Government.\n A. If the laws of the United States specifically so provide, or if\nadministrative provision is made therefor within the federal government,\nthe United States may be represented on the commission by not to exceed\nten representatives. Any such representative or representatives of the\nUnited States shall be appointed and serve in such manner as may be\nprovided by or pursuant to federal law, and may be drawn from any one or\nmore branches of the federal government, but no such representatives\nshall have a vote on the commission.\n B. The commission may provide information and make recommendations to\nany executive or legislative agency or officer of the federal government\nconcerning the common educational policies of the states, and may advise\nwith any such agencies or officers concerning any matter of mutual\ninterest.\n Article VI. Committees.\n A. To assist in the expeditious conduct of its business when the full\ncommission is not meeting, the commission shall elect a steering\ncommittee of thirty members which, subject to the provisions of this\ncompact and consistent with the policies of the commission, shall be\nconstituted and function as provided in the bylaws of the commission.\nOne-third of the voting membership of the steering committee shall\nconsist of governors, and the remainder shall consist of other members\nof the commission. A federal representative on the commission may serve\nwith the steering committee, but without vote. The voting members of the\nsteering committee shall serve for terms of two years, except that\nmembers elected to the first steering committee of the commission shall\nbe elected as follows: fifteen for one year and fifteen for two years.\nThe chairman, vice chairman, and treasurer of the commission shall be\nmembers of the steering committee and, anything in this paragraph to the\ncontrary notwithstanding, shall serve during their continuance in these\noffices. Vacancies in the steering committee shall not affect its\nauthority to act, but the commission at its next regularly ensuing\nmeeting following the occurrence of any vacancy shall fill it for the\nunexpired term. No person shall serve more than two terms as a member of\nthe steering committee: provided that service for a partial term of one\nyear or less shall not be counted toward the two term limitation.\n B. The commission may establish advisory and technical committees\ncomposed of state, local, and federal officials, and private persons to\nadvise it with respect to any one or more of its functions. Any advisory\nor technical committee may, on request of the state concerned, be\nestablished to consider any matter of special concern to two or more of\nthe party states.\n C. The commission may establish such additional committees as its\nbylaws may provide.\n Article VII. Finance.\n A. The commission shall advise the governor or designated officer or\nofficers of each party state of its budget and estimated expenditures\nfor such period as may be required by the laws of that party state. Each\nof the commission's budgets of estimated expenditures shall contain\nspecific recommendations of the amount or amounts to be appropriated by\neach of the party states.\n B. The total amount of appropriation requests under any budget shall\nbe apportioned among the party states. In making such apportionment, the\ncommission shall devise and employ a formula which takes equitable\naccount of the populations and per capita income levels of the party\nstates.\n C. The commission shall not pledge the credit of any party states. The\ncommission may meet any of its obligations in whole or in part with\nfunds available to it pursuant to article III (g) of this compact,\nprovided that the commission takes specific action setting aside such\nfunds prior to incurring an obligation to be met in whole or in part in\nsuch manner. Except where the commission makes use of funds available to\nit pursuant to article III (g) thereof, the commission shall not incur\nany obligation prior to the allotment of funds by the party states\nadequate to meet the same.\n D. The commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the commission shall be\nsubject to the audit and accounting procedures established by its\nbylaws. However, all receipts and disbursements of funds handled by the\ncommission shall be audited yearly by a qualified public accountant, and\nthe report of the audit shall be included in and become part of the\nannual reports of the commission.\n E. The accounts of the commission shall be open at any reasonable time\nfor inspection by duly constituted officers of the party states and by\nany persons authorized by the commission.\n F. Nothing contained herein shall be construed to prevent commission\ncompliance with laws relating to audit or inspection of accounts by or\non behalf of any government contributing to the support of the\ncommission.\n Article VIII. Eligible Parties; Entry Into and Withdrawal.\n A. This compact shall have as eligible parties all states,\nterritories, and possessions of the United States, the District of\nColumbia, and the Commonwealth of Puerto Rico. In respect of any such\njurisdiction not having a governor, the term "governor", as used in this\ncompact, shall mean the closest equivalent official of such\njurisdiction.\n B. Any state or other eligible jurisdiction may enter into this\ncompact and it shall become binding thereon when it has adopted the\nsame: provided that in order to enter into initial effect, adoption by\nat least ten eligible party jurisdictions shall be required.\n C. Adoption of the compact may be either by enactment thereof or by\nadherence thereto by the governor; provided that in the absence of\nenactment, adherence by the governor shall be sufficient to make his\nstate a party only until December thirty-one, nineteen hundred\nsixty-seven. During any period when a state is participating in this\ncompact through gubernatorial action, the governor shall appoint those\npersons who, in addition to himself, shall serve as the members of the\ncommission from his state, and shall provide to the commission an\nequitable share of the financial support of the commission from any\nsource available to him.\n D. Except for a withdrawal effective on December thirty-one, nineteen\nhundred sixty-seven in accordance with paragraph C of this article, any\nparty state may withdraw from this compact by enacting a statute\nrepealing the same, but no such withdrawal shall take effect until one\nyear after the governor of the withdrawing state has given notice in\nwriting of the withdrawal to the governors of all other party states. No\nwithdrawal shall affect any liability already incurred by or chargeable\nto a party state prior to the time of such withdrawal.\n Article IX. Construction and Severability.\n This compact shall be liberally construed so as to effectuate the\npurposes thereof. 1. The provisions of this compact shall be severable\nand if any phrase, clause, sentence or provision of this compact is\ndeclared to be contrary to the constitution of any state or of the\nUnited States, or the applicability thereof to any government, agency,\nperson or circumstances is held invalid, the validity of the remainder\nof this compact and the applicability thereof to any government, agency,\nperson or circumstances shall not be affected thereby. If this compact\nshall be held contrary to the constitution of any state participating\ntherein, the compact shall remain in full force and effect as to the\nstate affected as to all severable matters.\n 2. Of the seven members of the educational commission of the states\nrepresenting this state, one shall be the governor, one shall be\nappointed by the temporary president of the senate from among the\nmembers of that body, one shall be appointed by the speaker of the\nassembly from among the members of that body, one shall be the\ncommissioner of education, and three shall be appointed by and serve at\nthe pleasure of the governor. The members of the commission representing\nthis state shall receive no compensation for their services but shall be\nallowed their actual and necessary expenses in performance of their\nduties hereunder.\n 3. Pursuant to article III (i) of the compact, the commission shall\nfile a copy of its bylaws and any amendment thereto with the governor.\n