Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Compact for education
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 3, PART 1
§ 107. Compact for education. 1. The compact for education is hereby
entered into and enacted into law with all jurisdictions legally joining
therein, in the form substantially as follows:


WHEREAS, the proper education of all citizens is one of the most
important responsibilities of the states to preserve a free and open
society in the United States; and,

WHEREAS, the increasing demands of our whole national life for
improving and expanding educational services require a broad exchange of
research data and information concerning the problems and practices of
education; and,

WHEREAS, there is a vital need for strengthening the voices of the
states in the formulation of alternative nationwide educational

THE STATES AFFIRM the need for close and continuing consultation among
our several states on all matters of education, and do hereby establish
this compact for education.

Article I. 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

3. Provide a clearing house 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 field 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 II. 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 III. The Commission.

A. The educational commission of the states, hereinafter called "the
commission", is hereby established. The commission shall consist of
seven members representing each party state. One of such members shall
be the governor; two shall be members of the state legislature selected
by its respective houses and serving in such manner as the legislature
may determine; and four 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
members shall be appointed by 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 from
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 non-public
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 of public education. In addition
to the members of the commission representing the party states, there
may be not to exceed ten non-voting commissioners selected by the
steering committee for terms of one 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 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, the power to
make policy recommendations pursuant to article V 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, 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 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, 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 paragraph (f) of this article 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

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 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 IV. 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

Article V. Cooperation With Federal Government.

A. If the laws of the United States specifically so provide, or if
administrative provision is made therefor within the federal government,
the United States may be represented on the commission by not to exceed
ten 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 representatives
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

Article VI. 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 members which, subject to the provisions of this
compact and consistent with the policies of the commission, shall be
constituted and function as provided in the bylaws of the commission.
One-third of the voting membership of the steering committee shall
consist of governors, 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 years, except that
members elected to the first steering committee of the commission shall
be elected as follows: fifteen for one year and fifteen for two 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 terms as a member of
the steering committee: provided that service for a partial term of one
year or less shall not be counted toward the two 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 or more of its functions. Any advisory
or technical committee may, on request of the state concerned, be
established to consider any matter of special concern to two or more of
the party states.

C. The commission may establish such additional committees as its
bylaws may provide.

Article VII. 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

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 III (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 III (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

Article VIII. Eligible Parties; Entry Into and Withdrawal.

A. This compact shall have as eligible parties all states,
territories, and possessions of the United States, the 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

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 eligible party jurisdictions shall be required.

C. Adoption of the compact may be either by enactment thereof or by
adherence thereto by the governor; provided that in the absence of
enactment, adherence by the governor shall be sufficient to make his
state a party only until December thirty-one, nineteen hundred
sixty-seven. 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 thirty-one, nineteen
hundred sixty-seven in accordance with paragraph C of this article, any
party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until one
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 IX. Construction and Severability.

This compact shall be liberally construed so as to effectuate the
purposes thereof. 1. 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 applicability thereof to any government, agency,
person or circumstances is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency,
person or circumstances 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.

2. Of the seven members of the educational commission of the states
representing this state, one shall be the governor, one shall be
appointed by the temporary president of the senate from among the
members of that body, one shall be appointed by the speaker of the
assembly from among the members of that body, one shall be the
commissioner of education, and three shall be appointed by and serve at
the pleasure of the governor. The members of the commission representing
this state shall receive no compensation for their services but shall be
allowed their actual and necessary expenses in performance of their
duties hereunder.

3. Pursuant to article III (i) of the compact, the commission shall
file a copy of its bylaws and any amendment thereto with the governor.