§311-1  Terms and provisions of compact. 

The Compact for Education is hereby entered into and enacted into law with all

jurisdictions legally joining therein, in the form substantially as follows:

 

PREAMBLE

 

     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 policies.

     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.

 

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 education.

     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 Education 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 nonpublic 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 IV 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 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 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 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 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 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 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-two 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-fourth of the voting membership of the steering committee shall consist of

governors, one-fourth 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 years, except

that members elected to the first steering committee of the commission shall be

elected as follows:  sixteen for one year and sixteen 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 states 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

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 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

commission.

 

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 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 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 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 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.  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 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. [L

1966, c 32, §2; am L 1967, c 115, §2; HRS §311-1]