272B.1 - COMPACT FOR EDUCATION.
272B.1 COMPACT FOR EDUCATION.
The compact for education is hereby entered into and enacted into
law with all jurisdictions legally joining therein, in the form
substantially as follows:
1. 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.
2. 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.
3. 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 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 nonvoting commissioners
selected by the steering committee for terms of one year. Such
commissioners shall represent leading national organizations or
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
paragraph "j" of this article.
c. The commission shall have a seal.
d. The commission shall elect annually, from among its
members, a chairperson, who shall be a governor, a vice chairperson
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.
4. Article IV -- Powers. In addition to authority conferred
on the commission by other provisions of the compact, the commission
shall have 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.
5. 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.
6. 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:
(1) Sixteen for one year and sixteen for two years.
(2) The chairperson, vice chairperson, and treasurer of the
commission shall be members of the steering committee and, anything
in this paragraph "a" to the contrary notwithstanding, shall
serve during their continuance in these offices.
(3) Vacancies in the steering committee shall not affect its
authority to act, but the commission at its next regular ensuing
meeting following the occurrence of any vacancy shall fill it for the
unexpired term.
(4) 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.
7. 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, paragraph
"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, paragraph "g", 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.
8. 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. 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.
9. 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. Section History: Early Form
[C75, 77, 79, 81, § 272B.1] Section History: Recent Form
2008 Acts, ch 1032, §201
Referred to in § 272B.2, 272B.3
{See § 272B.2