Title 20, Chapter 6, Section 20
( 20-6-20)
The Compact for Education is entered into and enacted into law with
all jurisdictions legally joining therein, in the form substantially
as follows: 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 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 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 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 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 nonvoting 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 form 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 the authority
to: (a) Collect, correlate, analyze and interpret information and data
concerning educational needs and resources. (b) 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. (c) Develop proposals for adequate financing of education as a whole
and at each of its many levels. (d) 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.
(e) 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. (f) 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. 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 by legislative Act and it shall become binding thereon when
it has adopted the same. (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 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 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. |