[Rev. 11/21/2013 11:28:00
AM--2013]
CHAPTER 399 - INTERSTATE COMPACT FOR
EDUCATION
NRS 399.015 Governor
to execute Compact; text of Compact.
_________
NRS 399.015 Governor to execute Compact; text of Compact. The Governor is hereby authorized and directed
to execute a compact on behalf of this state with any other state or states
legally joining therein in the form substantially as follows:
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 and professional and
nonprofessional educational leadership on a national basis at the state and
local levels.
2. Provide a forum for the discussion,
development and recommendation of alternatives for public policy 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
nonprofessional and professional groups in the field of education may have
additional ways to share experiences and exchange ideas while forming public
policy for 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 states which have entered into this
compact 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 persons 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 education commission of the states,
hereinafter called “the commission,” is hereby established. The commission
consists of seven members representing each state which has entered into this
compact. The members representing Nevada are:
1. The governor;
2. Two senators appointed by the majority
leader of the senate;
3. Two members of the assembly appointed
by the speaker of the assembly; and
4. Two persons appointed by the governor.
Ê In addition,
there may be not more than 10 nonvoting commissioners selected by the steering
committee for terms of 1 year. These commissioners must represent leading
national organizations of professional educators or persons concerned with
educational administration.
B. The members of the commission are entitled
to one vote each. No action of the commission is binding unless it is taken at
a meeting at which a majority of the total number of votes on the commission
are cast in favor thereof. The commission may act 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:
1. Approve budgets or requests for
appropriations;
2. Make recommendations of policy pursuant
to Article IV; or
3. Adopt the annual report.
C. The commission shall adopt a seal.
D. The commission shall elect annually,
from among its members, a governor to serve as its chair, a vice chair and a
treasurer. The commission shall provide for the appointment of an executive
director. The executive director shall serve at the pleasure of the commission.
The executive director, treasurer and such other personnel as the commission
may deem appropriate shall be bonded in such amount as the commission shall
require. The executive director shall act as secretary.
E. 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 their duties and compensation. The commission in its
bylaws shall provide for the policies and programs for the personnel of the
commission.
F. The commission may borrow, accept or
contract for the services of personnel.
G. The commission may accept for any of
its purposes and functions under this compact any donations, 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 such gifts and grants. Any donation or grant accepted by the
commission pursuant to this paragraph or services borrowed pursuant to
paragraph F of this Article must be reported in the annual report of the
commission. The report must 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 may amend and rescind these bylaws. The
commission shall publish its bylaws in convenient form and file a copy thereof
and a copy of any amendment thereto, with the appropriate agency or officer in
each state which has entered into this compact.
J. The commission annually shall make to
the governor and legislature of each state which has entered into this compact
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 any authority conferred on the
commission by other provisions of the compact, the commission may:
1. Collect, correlate, analyze and
interpret information and data concerning educational needs and resources.
2. Encourage and foster research in all
respects 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 in
any instance where it finds that the research is necessary for the advancement
of the purposes and policies of this compact, utilizing fully the resources of
national associations, regional 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 officers.
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 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 more than 10 representatives. Any such representative of the United
States must 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 may 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 confer with any such agencies or officers concerning any matter
of mutual interest.
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 32 members which, subject to the provisions of
this compact and consistent with the policies of the commission, is constituted
and functions as provided in the bylaws of the commission. One-fourth of the
voting membership of the steering committee must consist of governors,
one-fourth must consist of legislators and the remainder must 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 have terms of 2 years, except that members elected to the
first steering committee of the commission must be elected as follows: 16 for 1
year and 16 for 2 years. The chair, vice chair and treasurer of the commission
must 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 do not affect its authority to
act, but the commission at its next regular meeting following the occurrence of
any vacancy shall fill it for the unexpired term. A person shall not serve more
than two terms as a member of the steering committee; provided that service for
a partial term of 1 year or less must not be counted toward the limitation.
B. The commission may establish advisory
and technical committees composed of state, local, federal officers 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 states concerned, be
established to consider any matter of special concern to two or more of the
states which have entered into this compact.
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 of each state which has entered into this
compact of its budget and estimated expenditures for such period as may be
required by the laws of that state. Each of the commission’s budgets of
estimated expenditures must contain specific recommendations of the amount to
be appropriated by each of the states.
B. The total amount of requests under any
budget must be apportioned among the states. In making the apportionment, the
commission shall devise and employ a formula which takes equitable account of
the populations and per capita levels of income of the states.
C. The commission shall not pledge the
credit of any state. The commission may meet any of its obligations in whole or
in part with money available to it pursuant to Article III of this compact,
provided that the commission takes specific action setting aside the money
before incurring an obligation to be met in whole or in part in that manner.
Except where the commission makes use of money available to it pursuant to
Article III, the commission shall not incur any obligation before receiving an
allotment of money from the states which is adequate to meet the obligation.
D. The commission shall keep accurate
accounts of all receipts and disbursements. The receipts and disbursements of
the commission are subject to the procedures for audit and accounting
established by its bylaws. However, all receipts and disbursements of money
handled by the commission must be audited yearly by a qualified public
accountant. The report of the audit must be included in and become part of the
annual reports of the commission.
E. The accounts of the commission must be
open at any reasonable time for inspection by officers of the states which have
entered into this compact and by any other persons authorized by the
commission.
F. Nothing contained in this compact
prohibits 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 VIII
Eligible Parties;
Entry Into and Withdrawal
A. This compact has 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 be deemed to mean the closest equivalent officer of the
jurisdiction.
B. Any state or other eligible
jurisdiction may enter into this compact and it becomes binding thereon when it
is adopted by that state or jurisdiction, except that in order to enter into
initial effect, adoption by at least 10 eligible jurisdictions is required.
C. Any state may withdraw from this
compact by enacting a statute repealing the compact, but such a withdrawal does
not take effect until 1 year after the governor of the withdrawing state has
given notice in writing of the withdrawal to the governors of all other states
which have entered into this compact. No withdrawal affects any liability
already incurred by or chargeable to a state before its withdrawal.
ARTICLE IX
Amendments to the
Compact
This compact may be amended by a vote of two-thirds of
the members of the commission present and voting when ratified by the
legislatures of two-thirds of the states which have entered into this compact.
ARTICLE X
Construction and
Severability
This compact must be liberally construed so as to
effectuate the purposes thereof. The provisions of this compact are severable
and if any phrase, clause, sentence or provision of this compact is declared to
be unconstitutional, 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 must not be affected thereby. If this compact is held contrary to
the constitution of any state participating therein, the compact remains in
effect as to the state affected as to all severable matters.
(Added to NRS by 1989, 2147)
